{"id":4459,"date":"2022-12-14T13:36:03","date_gmt":"2022-12-14T18:36:03","guid":{"rendered":"https:\/\/omwlawfirm.com\/?page_id=4459"},"modified":"2023-01-09T13:42:24","modified_gmt":"2023-01-09T18:42:24","slug":"10-million-winning-verdict","status":"publish","type":"page","link":"https:\/\/omwlawfirm.com\/10-million-winning-verdict\/","title":{"rendered":"$10 Million Winning Verdict"},"content":{"rendered":"
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Hilton Head Island medical malpractice attorney, <\/span>Daphne Withrow<\/a>, of\u00a0<\/span>Olivetti, McCray and Withrow<\/a>, along with Daniel J. Moriarty of Moriarty Personal Injury Lawyer and C. Andrew Childers of Childers, Schlueter & Smith, secured a $10 million medical malpractice jury verdict for a Georgia woman permanently injured\u00a0 during a root canal procedure.<\/span><\/div>\n
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The eight-figure verdict left defense counsel \u201cvery surprised by the amount.\u201d Plaintiff counsel credit the victory to their ability\u00a0 to tell a good simple story with impactful testimony and evidence.<\/p>\n

The plaintiff,\u00a0 Joyce M. Crawford of Henry County, Georgia, went to Dental Care Center of Decatur for root canal surgery. The surgery left her with lingering pain in her left cheek, chin and lip. Plaintiff counsel allege defendant Dr. Lynn A. Livingston\u2019s failure to remove filling material from their client\u2019s root canal amounted to negligence and breached a standard of care that resulted in subsequent life-altering nerve damage.<\/p>\n

\u201cDr. Livingston\u2019s negligence resulted in over instrumentation as well as chemical seepage into Plaintiffs\u2019 inferior alveolar nerve below tooth 18, which caused a near total discontinuity of that nerve and permanent paresthesia and pain the the left lower section of her face,\u201d per the plaintiff brief.<\/p>\n

\u201cShe developed trigeminal neuralgia, which is a painful condition,\u201d said Withrow who is a registered nurse as well as a medical malpractice attorney. \u201cOrdinary things like brushing your teeth and drinking cool water cases a bolt of pain similar to electrical shock. This is a chronic condition for which Joyce will require pain management for the remainder of her life.\u201d<\/p>\n

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Five months after the defendant\u2019s insurance company turned down a policy limit demand, the medical-malpractice case proceeded to trial before a DeKalb County State jury. Plaintiff counsel presented a case that showed the client\u2019s surgery had been too complex for the general dentist to\u00a0 conduct. The case should have been referred to an endodontist due to the complexity of the root canal.<\/p>\n

In addition, the defendant breached the standard of care by failing to properly assess the need for the root canal, and then failing to use a rubber dam during the procedure. In support of their negligence complaint, plaintiff\u2019s counsel presented evidence of an X-ray to the jury that showed the root canal material surrounding her inferior alveolar nerve.<\/p>\n

Counselors credit the plaintiff for authentic testimony about her painful experience and its lingering effects. Her testimony contrasted that of the defendant. The jurors likely picked up on inconsistencies between the dentist\u2019s deposition and trial testimony.<\/p>\n

By sticking to their trial strategy of telling a simple and direct, yet impactful story, plaintiff\u2019s counsel said they argued their entire case in a day. The strategy paid off for the team returning a $10 million verdict in favor of the plaintiff.<\/p>\n

Hilton Head Island attorney,\u00a0Daphne Withrow<\/a>, of\u00a0Olivetti, McCray and Withrow<\/a>, along with Daniel J. Moriarty of Moriarty Personal Injury Lawyer and C. Andrew Childers of Childers, Schlueter & Smith, secured a $10 million jury medical malpractice verdict for a Georgia woman permanently injured\u00a0 during a root canal procedure.<\/p>\n

The eight-figure verdict left defense counsel \u201cvery surprised by the amount.\u201d Plaintiff counsel credit the victory to their ability\u00a0 to tell a good simple story with impactful testimony and evidence.<\/p>\n

The plaintiff,\u00a0 Joyce M. Crawford of Henry County, Georgia, went to Dental Care Center of Decatur for root canal surgery. The surgery left her with lingering pain in her left cheek, chin and lip. Plaintiff counsel allege defendant Dr. Lynn A. Livingston\u2019s failure to remove filling material from their client\u2019s root canal amounted to negligence and breached a standard of care that resulted in subsequent life-altering nerve damage.<\/p>\n

\u201cDr. Livingston\u2019s negligence resulted in over instrumentation as well as chemical seepage into Plaintiffs\u2019 inferior alveolar nerve below tooth 18, which caused a near total discontinuity of that nerve and permanent paresthesia and pain the the left lower section of her face,\u201d per the plaintiff brief.<\/p>\n

\u201cShe developed trigeminal neuralgia, which is a painful condition,\u201d said Withrow who is a registered nurse as well as a medical malpractice attorney. \u201cOrdinary things like brushing your teeth and drinking cool water cases a bolt of pain similar to electrical shock. This is a chronic condition for which Joyce will require pain management for the remainder of her life.\u201d<\/p>\n

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Five months after the defendant\u2019s insurance company turned down a policy limit demand, the medical-malpractice case proceeded to trial before a DeKalb County State jury. Plaintiff counsel presented a case that showed the client\u2019s surgery had been too complex for the general dentist to\u00a0 conduct. The case should have been referred to an endodontist due to the complexity of the root canal.<\/p>\n

In addition, the defendant breached the standard of care by failing to properly assess the need for the root canal, and then failing to use a rubber dam during the procedure. In support of their negligence complaint, plaintiff\u2019s counsel presented evidence of an X-ray to the jury that showed the root canal material surrounding her inferior alveolar nerve.<\/p>\n

Counselors credit the plaintiff for authentic testimony about her painful experience and its lingering effects. Her testimony contrasted that of the defendant. The jurors likely picked up on inconsistencies between the dentist\u2019s deposition and trial testimony.<\/p>\n

By sticking to their trial strategy of telling a simple and direct, yet impactful story, plaintiff\u2019s counsel said they argued their entire case in a day. The strategy paid off for the team returning a $10 million verdict in favor of the plaintiff.<\/p>\n

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medical malpractice Hilton Head Island medical malpractice attorney, Daphne Withrow, of\u00a0Olivetti, McCray and Withrow, along with Daniel J. Moriarty of Moriarty Personal Injury Lawyer and C. Andrew Childers of Childers, Schlueter & Smith, secured a $10 million medical malpractice jury verdict for a Georgia woman permanently injured\u00a0 during a root canal procedure. The eight-figure verdict…<\/p>\n","protected":false},"author":8,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_kad_post_transparent":"default","_kad_post_title":"default","_kad_post_layout":"default","_kad_post_sidebar_id":"","_kad_post_content_style":"default","_kad_post_vertical_padding":"default","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"footnotes":""},"practice_area":[],"acf":[],"_links":{"self":[{"href":"https:\/\/omwlawfirm.com\/wp-json\/wp\/v2\/pages\/4459"}],"collection":[{"href":"https:\/\/omwlawfirm.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/omwlawfirm.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/omwlawfirm.com\/wp-json\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/omwlawfirm.com\/wp-json\/wp\/v2\/comments?post=4459"}],"version-history":[{"count":3,"href":"https:\/\/omwlawfirm.com\/wp-json\/wp\/v2\/pages\/4459\/revisions"}],"predecessor-version":[{"id":4470,"href":"https:\/\/omwlawfirm.com\/wp-json\/wp\/v2\/pages\/4459\/revisions\/4470"}],"wp:attachment":[{"href":"https:\/\/omwlawfirm.com\/wp-json\/wp\/v2\/media?parent=4459"}],"wp:term":[{"taxonomy":"practice_area","embeddable":true,"href":"https:\/\/omwlawfirm.com\/wp-json\/wp\/v2\/practice_area?post=4459"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}