After A Three-Day Trial, Tracie Dorfman And Benjamin Wengerd Obtained A Defense Verdict.
On July 27, 2011, plaintiff presented to the defendant general dentist complaining of loose teeth. The defendant diagnosed plaintiff with Stage IV periodontitis, recommended extraction of all but six teeth and dentures as a prosthetic. Plaintiff decided to move forward with the plan and underwent extraction on August 31, 2011. Over the next four months, the defendant tried to fabricate workable dentures for the plaintiff, but ultimately the plaintiff left the practice unsatisfied.
Plaintiff claimed that the defendant should have referred him to a periodontist to salvage more teeth. He also claimed that the dentures were poorly made which led to TMJ disorder. As a result of the unworkable dentures and resulting pain, plaintiff claimed that he was forced to sell his small business at a loss. The defendant argued that because plaintiff’s periodontitis was so advanced, extraction was the only option. The defendant further argued that plaintiff’s TMJ disorder symptoms were preexisting and not caused by the dentures. And the defendant successfully proved that the business losses were unrelated to the alleged negligence.
Tracie Dorfman and Benjamin Wengerd tried this case in Stafford County Circuit Court on April 10-12, 2017. The jury returned a verdict in favor of the defendant.