Plaintiff sustained jaw injury in crash on Interstate 495 — $500,000 settlement

Type of action: Auto Accident

Injuries alleged: Displacement of articular joint resulting in a left temporomandibular joint disc plication and right temporomandibular joint meniscetomy

Name of case: Webb v. Tyree

Court: Fairfax County Circuit Court

Date resolved: 4/15/2022

Special damages: $95,819.48

Demand: $500,000

Offer: $500,000

Verdict or settlement: Settlement

Amount: $500,000

Attorneys for plaintiff (and city): Demetry Pikrallidas and Ryan Probasco, Fairfax

Description of case: On July 19, 2017, plaintiff was driving on Interstate 495 South near Route 644 in Fairfax County and had slowed to a stop in traffic. Defendant was driving behind plaintiff’s vehicle and rear-ended her. After the crash, plaintiff was shook up and immediately noticed neck and lower back pain. She was diagnosed with strains at the hospital and told to follow up with her primary care doctor for worsening symptoms.

In the weeks after the crash while at home recovering from her neck and back pain, plaintiff’s jaw suddenly locked and would not open. She went to her dentist who noted a limited 10 mm opening of the jaw and soreness of the TMJ on the right side. For the next two years, plaintiff began a course of physical therapy for her neck and back, and treated with several different specialists for her TMJ pain and limited ability to open her jaw. Plaintiff had no history of TMJ problems or pain prior to the crash.

Dr. Jeffrey Brown, a dentist with specialty in orthodontics, reviewed plaintiff’s MRIs and was of the opinion that plaintiff had suffered displacement of her articular disc in the crash. Dr. Brown prescribed a course of conservative care; when that failed Dr. Eugene Gregory performed a left temporomandibular joint disc plication and right temporomandibular joint meniscectomy. Plaintiff’s experts were prepared to testify that plaintiff’s right side articular disc perforation and her left disc being significantly medially displace was caused by the crash. They were also of the opinion that even after her successful surgery that plaintiff was still at increased risk for future total jaw replacement surgery.

Nationwide retained Dr. Michael Gentile, a board-certified maxillofacial surgeon who performed an evaluation and medical records review. Dr. Gentile largely agreed with plaintiff’s experts and was of the opinion that to a reasonable degree of medical probability that this crash either created or exacerbated plaintiff’s condition, requiring surgical intervention. Dr. Gentile further agreed that plaintiff was at increased risk for total jaw replaced surgery which he agreed was extremely costly but effective procedure.

Demetry Pikrallidas, counsel for the plaintiff, provided case information.

[022-T-062]