$5.021M verdict for patient death after dental surgery

The decedent, who was obese and taking oral contraceptives, was not provided with mechanical deep vein thrombosis prophylaxis — specifically sequential compression devices — despite being at moderate risk for DVT. The plaintiff alleged that the anesthesiologist failed to assess her risk and did not include any mechanical prophylaxis in the anesthesia plan.

Immediately after surgery, the patient decompensated after being assisted into her husband’s car. Despite CPR and emergency transport, she was pronounced dead at the hospital. An autopsy later revealed multiple pulmonary emboli in her lungs.

Plaintiff’s experts testified that the decedent was at a moderate risk for developing DVT based on her obesity, use of oral contraception and the planned prolonged dental surgery under general anesthesia; and therefore, the procedure should not have gone forward without SCDs.

The plaintiff’s hematology expert testified that the fatal embolism likely developed intraoperatively due to prolonged immobilization and other risk factors, and that the use of SCDs would have prevented DVT and the fatal pulmonary embolism. Plaintiff’s forensic pathology expert testified that the fatal emboli likely developed intraoperatively based on their size, texture and lack of microscopic features typically associated with older clots.

Defense experts argued the patient was at low risk for DVT during the procedure and therefore prophylaxis was not required. They testified the embolism likely pre-existed the surgery. Specifically, the defense forensic pathology expert cited the microscopic presence of fibroblasts which are connective tissue cells generally associated with the healing process which supports a clot age of between two to five days before death. The defense pulmonology/critical care expert is a nationally known authority on pulmonary embolism medicine and prolific publisher on the topic. He testified he probably sees more PE cases than any other physician in the country and that he has never seen the formation of a DVT leading to PE occur during a minimally invasive dental procedure, even one lasting six hours.

The decedent was survived by her husband of five years and 10-year-old son.

The jury returned a verdict in the amount of $5.021 million after approximately six hours of deliberation.

No settlement offer was made prior to trial.

Plaintiff’s counsel Derrick Walker provided case information.

Injuries alleged: Death from pulmonary embolism following outpatient dental surgery

Name of case: Robert Moody, Administrator of the Estate of Kristen Moody v. Williams

Court: Chesterfield County Circuit Court

Case no.: CL23-4037

Tried before: Judge

Name of judge or mediator: Judge Edward A. Robbins Jr.

Date resolved: May 2, 2025

Special damages: $10,618 in medical expenses; $9,116 in funeral expenses

Attorneys for plaintiff: Derrick Walker, Richmond; Kari La Fratta, Charlottesville, Allen & Allen