Jury Awards Over $1 Million To Patient In Dental Malpractice Case

In a significant medical malpractice case reported by Virginia Lawyers Weekly, a jury awarded Christine H. Frey $1,079,561.64 after an oral surgeon mistakenly removed all her teeth without consent. The verdict followed a four-day trial at the Winchester City Circuit Court.

Frey, 43, had visited Winchester Oral Surgery Center on January 25, 2023, intending to have her 10 remaining lower teeth removed and two implants placed to support a future overdenture. However, Dr. Eric Starley, the oral surgeon, removed both her upper and lower teeth, an error that the defense later conceded was due to negligence.

The case centered on Dr. Starley’s failure to read the consent form signed by Frey or conduct a preoperative timeout, a standard procedure to confirm the surgery plan. As a result, Frey awoke from anesthesia to discover all her teeth had been removed, causing her immediate panic and long-term trauma.

Frey testified to the emotional and physical toll she endured in the 16 months following the surgery. She now faces extensive dental reconstruction, including the placement of fixed hybrid dentures, which will require lifelong maintenance. Her economic damages related to the reconstruction were estimated at $130,000.

Frey sued for negligence, battery, and punitive damages, citing willful and wanton negligence. Despite the defense’s arguments to dismiss the claims, they survived multiple challenges and motions throughout the trial. The defense admitted to ordinary negligence but contested the claims for willful misconduct and punitive damages.

The defense offered $300,000 before the trial, raised the offer to $600,000 just before the verdict, and suggested the jury award $400,000 during closing arguments.

After three hours of deliberation, the jury awarded Frey $1 million in compensatory damages, plus prejudgment interest, bringing the total to $1,079,561.64.

Case Details
Case Name: Frey v. Winchester Oral Surgery Center P.C., et al.
Case No.: CL23000146-00
Court: Winchester City Circuit Court
Judge: William W. Eldridge IV
Date Resolved: May 23, 2024
Plaintiff’s Attorneys: Travis W. Markley, Richard L. Nagle, Heather E. Zaug, and Benjamin M. Wengerd

This case highlights the critical importance of adhering to medical protocols and patient consent, as well as the severe consequences when those protocols are breached.