Montgomery County Jury has Awarded $451,054 to Teenager in a Dental Malpractice Case Against an Oral Surgeon and Dental Practice
A Montgomery County jury returned a verdict of $451,054.00 in favor of Avery Colleen O’Neill, finding that oral surgeon Dr. Gary J. Funari, DMD, and his practice, Affiliated Oral and Maxillofacial Surgeons of Maryland, P.C., committed dental malpractice during a routine wisdom tooth extraction that left the then-seventeen-year-old with permanent nerve damage.
The case, Avery Colleen O’Neill v. Gary J. Funari, et al., Case No. C-15-CV-24-434, was tried in the Circuit Court for Montgomery County, Maryland, before the Honorable Judge Michael J. McAuliffe.
Background of the Case
Seventeen-year-old Avery O’Neill underwent what should have been a routine third molar (wisdom tooth) extraction performed by Dr. Funari. During the procedure, Dr. Funari completely severed Ms. O’Neill’s lingual nerve. Despite undergoing nerve repair surgery, Ms. O’Neill’s injury proved permanent — leaving her with chronic numbness and lack of taste on the right side of her tongue, and neuropathic pain requiring lifelong medication.
The Trial
The case was tried over the course of eight days before a jury. Ms. O’Neill was represented by Michele Bartoli Cain of Shulman Rogers, PA, and Fred Goldberg. The defendants were represented by Stuart Herschfeld and Ryan Allshouse of Kiernan Trebach LLP.
Pivotal Testimony
Plaintiff’s experts delivered compelling testimony detailing the negligent manner in which the nerve severance occurred and the devastating, lifelong injuries Ms. O’Neill sustained. The jury was shown an animated reconstruction prepared by Plaintiff’s experts depicting how the nerve was severed during the extraction and the subsequent surgical repair. Plaintiff’s experts preemptively criticized several inaccuracies in a similar animation prepared by the defense, and it was never used by the defense during trial.
In a pivotal moment after Dr. Funari took the stand and described how he normally performed extraction surgeries, Ms. Bartoli Cain posed a single question on cross-examination: “Dr. Funari… if you actually extracted tooth 32 the way you just described to the jury, that would not result in cutting Avery’s lingual nerve, would it?”
Dr. Funari answered: “No.”
The Verdict
After a brief deliberation, the jury returned a unanimous verdict in favor of Avery O’Neill against Dr. Gary J. Funari, DMD, and Affiliated Oral and Maxillofacial Surgeons of Maryland,
P.C., awarding Ms. O’Neill damages in the amount of $451,054.00. The Defendants also paid Ms. O’Neill court costs and post-judgment interest.
The verdict brings resolution to a case that underscored the standard of care owed to patients undergoing routine oral surgery and the obligation of oral surgeons and their practices to perform such procedures with reasonable skill and prudence.