Nerve severed during wisdom teeth extraction – $625,000 Verdict

Dr. Burgoyne, an oral surgeon, extracted the four developing wisdom teeth of a 12-year-old girl in August 2014. In the process of doing so, Dr. Burgoyne completely severed the child’s lingual nerve on one side (there are two nerves which provide sensory function, including taste to each side of the inside of the mouth) and perforated her lingual plate. Plaintiff’s evidence was that it was a breach of the standard of care to completely sever the patient’s lingual nerve during this surgery (especially as Dr. Burgoyne did so by allowing her drill to go outside of the wisdom tooth through bone, periosteum and muscle).  As a result of the injury, the child developed complete numbness on one side of her tongue. She then began to develop dysesthetic pain. She underwent repair surgery but continued to have problems with numbness and occasional pain, both spontaneous and triggered by heat or cold or other stimuli. She was 17 at the time of trial. Jury deliberated for three hours before returning with a verdict of $625,000 without interest.

[19-T-056]

Type of action: Oral surgery malpractice case

Injuries alleged: Complete lingual nerve transection and lingual plate damage during wisdom tooth removal

Name of case: A minor, by her parents and next friends, v. Corey C. Crigler a/k/a Corey C. Burgoyne, D.M.D. and Blue Ridge Oral Surgery, P.C.

Court: Augusta Circuit Court

Tried before: Jury

Name of judge: Judge W. Chapman Goodwin

Date resolved: March 1, 2019

Offer: $0

Verdict or settlement: Verdict

Amount: $625,000 without interest

Attorneys for plaintiff: Michele Bartoli Cain and Wallace B. Wason, Jr., Alexandria; Anthony. M. Russell and Mary Kathryn Atkinson, Roanoke

Defendant’s experts: Dr. Albert Parulis, Jr. (oral surgeon in Roanoke); Dr. Edwin Parks (oral radiologist formerly at the University of Indiana but now lives and works in Florida); Dr. Harold Brooks (oral surgeon at the University of Tennessee at Memphis); Dr. M. Todd Brandt (Dr. Burgoyne’s oral surgery partner and co-owner of Defendant Blue Ridge Oral Surgery); and Dr. Michael Miloro (oral surgeon in Chicago, IL)

Insurance carrier: Dr. Burgoyne was insured by OMSNIC (OMS National Insurance Company) while Blue Ridge Oral Surgery, P.C. was uninsured