Professional Negligence Law Reporter

Christine Frey, 43, went to Winchester Oral Surgery Center to undergo a procedure to remove 10 lower teeth and place two implants. Oral surgeon Eric Starley, with whom Frey had had three prior visits, removed the 10 lower teeth and all Frey’s upper teeth as well. Frey suffered trauma when she emerged from anesthesia and has had to undergo ongoing dental reconstruction. Her expenses for the dental reconstruction totaled $130,000.

Frey sued Winchester Oral Surgery Center, P.C., and Starley, alleging negligence and battery. The plaintiff sought punitive damages. Suit claimed that Starley had failed to read her consent form and did not ensure that a pre-operative time-out was completed before the procedure.

The defense conceded ordinary negligence but disputed the willful and wanton conduct, battery, and other claims.

The jury awarded over $1.07 million, including prejudgment interest.

Citation: Frey v. Winchester Oral Surgery Ctr., P.C., No. CL23000146-00 (Va. City Cir. Ct. Winchester May 23, 2024).

Plaintiff counsel: AAJ member Travis W. Markley, Richard L. Nagle, Heather E. Zaug, and Benjamin M. Wengerd, all of Reston, Va.