After a five-day trial, on March 1, 2019, a Virginia jury found Corey C. Burgoyne, DMD, an oral surgeon, liable for breaching the standard of care and negligently injuring her patient. While performing wisdom tooth surgery on a twelve-year-old child, Dr. Burgoyne cut the child’s lingual nerve in half. As a result of her lingual nerve injury, the child will have lifelong sensory issues with her tongue and intermittent pain. The verdict was returned against Dr. Burgoyne and her practice, Blue Ridge Oral Surgery.
Bartoli Cain Wason’s founding partner, Michele Bartoli Cain, represented the patient and her family for many years working to bring this medical malpractice case to justice. She tried the case with Wally Wason and Tony Russell of Michie Hamlett. The case was defended very aggressively. There were multiple depositions taken, and surveillance was conducted of the minor plaintiff. The defendant’s insurer, OMSNIC, even brought an out-of-state defense lawyer specialist in to take over the lead counsel role in the defense from a large Virginia defense firm.
Litigation costs for the family in this case were more than one hundred thousand dollars. We inquired prior to trial whether the case could be settled reasonably and save a significant portion of those costs. We were told that the defense had no interest in settlement. It was a no-offer case. Therefore, we were very pleased for the family when the jury returned a sizeable verdict, which more than justified the expenditure of those costs.
CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASES UNDERTAKEN.