News from Around the State: Trials and Verdicts 

Jolene Hollinger, et al. v. Affordable Dentures – Madison, S.C., et. al.

Dane County Case No. 19-CV-2222 

Results: Thedefense of this dental malpractice case led to a voluntary dismissal by plaintiffs, without payment, weeks before the trial was set to begin on December 5, 2022.

Facts: On October 25, 2016, the defendant dentist extracted ten lower teeth from the mouth of Jolene Hollinger, then 66 years old, and placed an immediate denture. In March of 2017, Ms. Hollinger was diagnosed with osteonecrosis of the jaw. After several doses of both oral and IV antibiotics, one side of Ms. Hollinger’s jaw was removed and reconstructed during two separate surgeries. The surgeries left Ms. Hollinger disfigured, and she was never able to eat solid foods again. She had trouble speaking and it was difficult to understand her. Ms. Hollinger died of unrelated causes in December of 2020.

Claims: Plaintiffs brought claims for both negligent treatment and lack of informed consent. The defendant dentist denied liability. Plaintiffs claimed that because Ms. Hollinger had undergone annual Reclast infusions for many years for osteoporosis, she was not a candidate for invasive dental procedures. Reclast is a bisphosphonate medication, which includes a warning that invasive dental procedures can cause osteonecrosis of the jaw. Ms. Hollinger had her annual Reclast infusion in both January of 2016, before the extractions, and January of 2017, after the extractions but before the diagnosis of the osteonecrosis of the jaw. 

Damages: Ms. Hollinger incurred over $500,000 in medical expenses. There was no cap on damages for pain and suffering. The doctor’s policy limit was one million dollars.

Litigation: At the deposition of the plaintiffs’ dental expert, Phillip Devore, defense counsel’s questioning eliminated plaintiffs’ causation case. Dr. Devore conceded that use of Reclast alone can cause osteonecrosis of the jaw. He further admitted that an infection in the mouth, with or without use of Reclast, could cause osteonecrosis of the jaw. Dr. Devore then conceded that before his deposition, he had no idea that Ms. Hollinger had an infection in her mouth prior to the extractions, because Ms. Hollinger’s medical records were so voluminous. Additionally, Dr. Devore admitted that any invasive dental treatment, including removing a root tip, could cause an infection leading to osteonecrosis of the jaw, and that it could take up to one year for the process to occur. Ms. Hollinger had a root tip removed by a different dentist, who was not a party to the lawsuit, a year before the extractions.

Voluntary Dismissal: The defense moved for summary judgment on causation, citing Dr. Devore’s admissions and pinpointing evidence in Ms. Hollinger’s records which demonstrated alternate causes for her injuries. The court granted the motion as to the negligence claim. While the court allowed the case to proceed on the informed consent claim, plaintiffs knew they had an uphill battle on causation regardless of the court’s decision and voluntarily dismissed their case.

Pretrial Settlement Discussions: There were no settlement offers or demands prior to trial.

For more information, contact Linda Meagher at [email protected].

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Stacey Dierksmeier, et al. v. NCMIC Insurance Company, et. al.

Waukesha County Case No. 19-CV-818

Trial Dates: November 7-15, 2022

 Facts: On June 6, 2016, plaintiff, then 38 years old, suffered a stroke immediately after a chiropractic neck adjustment. She was transported via ambulance to Oconomowoc Memorial Hospital, and then transported via flight for life to Froedtert Hospital. She was diagnosed with bilateral vertebral artery dissections. Although she had a good recovery, she had permanent left sided weakness.

Issues for Trial: The parties stipulated to past medical bills of $568,105.60 and future medical bills of $67,428.39. There was no wage loss claim because the plaintiff was a stay-at-home mother. Liability was at issue, but damages were not.

At Trial: Plaintiff alleged that the chiropractor had negligently performed a neck adjustment, causing traumatic bilateral vertebral artery dissections, which resulted in an immediate stroke. Plaintiff argued both dissections occurred at the same time. The defense argued that the plaintiff had a spontaneous right sided vertebral artery dissection, which caused neck pain and headache, and led her to seek out treatment with the chiropractor. The adjustment may have forced a blood clot to release from the dissection, but the chiropractor was not negligent when he performed the adjustment. The defense also argued that plaintiff suffered a second spontaneous dissection a day later while in the hospital, and that the bilateral dissections did not occur at the same time. Expert witnesses in the case included chiropractors, neurosurgeons, neuroradiologists, and interventional and diagnostic neuroradiologists. During closing arguments, plaintiff asked for $300,000 to $500,000 for the first 3-6 months of pain, suffering and disability, which is when the plaintiff had to relearn to walk and needed a lot of care. She was in the hospital for 52 days, which included inpatient rehabilitation. Plaintiff’s counsel asked for $100,000 for the next three years up to trial and then $400,000 for future pain, suffering and disability. It was undisputed that plaintiff had a normal life expectancy of 38 additional years. Total damages requested, with medical expenses, were in the range of $1.4 to 1.6 million.

Pretrial Settlement Discussions: There were no settlement offers or demands prior to trial. 

Verdict: A unanimous jury found no negligence. The jury was asked to decide damages regardless of its answer as to liability. The jury awarded $400,000 for past pain and suffering and $200,000 for future pain and suffering, which means had the plaintiff won, the damages with medical expenses would have been roughly $1.2 million dollars.

For more information, contact Linda Meagher at [email protected] or Stephen Trigg at [email protected].

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David J. Rust v. Bradley C. Bode, et al.

Eau Claire County Case No. 19-CV-103

Trial Dates: November 14-17, 2022

Facts: The facts were not in dispute. The defendant was traveling behind plaintiff on Highway 53 in Altoona, when he spun out on ice, spun 180 degrees, and made driver’s-side-to-driver’s-side contact with plaintiff’s vehicle. After that collision, a third driver, Holly Brown, stuck defendant, pushing him into plaintiff again. Interestingly, the plaintiff did not sue Brown. Plaintiff claimed a disc protrusion at L3-4 which resulted in a fusion at that level. He also claimed an inability to work for the rest of his life.

At Trial: The plaintiff called four experts: Dr. Louis Saeger (anesthesiologist who did injections), Dr. Stefano Sinicropi (surgeon), Jesse Ogren (vocational expert), and Ferris Pfeiffer, Ph.D. (biomechanical engineer). The defense called three experts: Joseph Cusick, M.D. (neurosurgeon), Andrew Rentschler Ph.D. (biomechanical engineer), and Tim Riley (vocational expert). The plaintiff asked for $1 million in closing

Plaintiff’s Settlement Demand(s): $700,000

Defense Settlement Offer(s): $180,000 

Verdict: The jury awarded $37,5000 in damages but found no liability, resulting in no recovery. 

For more information, contact Joseph Ryan at [email protected].

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Carrie Makos, et al. v. Russ’s Mulch and Topsoil, Inc., et al.

Waukesha County Case No. 20-CV-697

Trial Dates: March 15-17, 2022

Facts: This was a low velocity, rear-end accident that occurred at Capitol and Highway 16 off ramp in Waukesha. The plaintiff incurred $15,000 in medical expenses but chose not to claim them in the suit because she did not want her pain and suffering anchored to that number.

At Trial: The plaintiff asked the jury for $400,000 in closing ($100,000 future general damages and $300,000 in past general damages). The plaintiff used Dr. Darryl Prince, a neurologist, to testify at trial. The defense hired Dr. Charles Klein, an orthopedic surgeon, and Dr. Andrew Rentschler, Ph.D., a biomechanical engineer.

Plaintiff’s Settlement Demand(s): $99,000

Defense Settlement Offer(s): $10,000

Verdict: The jury found negligence but awarded only $5,000 in past damages and no future damages. 

For more information, contact Joseph Ryan at [email protected].

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Delaney M. Dretzka v. State Farm Mutual Automobile Ins. Co., et al.

Waukesha County Case No. 20-CV-1142

Trial Dates: February 22-23, 2022

Facts: This was moderate-to-severe rear-end impact that was caught on video.

At Trial: The plaintiff played the video for the jury. Claimed past medical specials were $23,000. Defense asked the jury to award $11,000 in specials and $5,000 for pain and suffering. 

Plaintiff’s Settlement Demand(s): Plaintiff’s demand at mediation was $75,000. Three weeks before trial, plaintiff lowered her demand to $37,500.

Defense Settlement Offer(s): Defendant’s offer was $20,000 throughout the litigation.

Verdict: The jury awarded the medical bills recommended by the defense ($11,000) and $10,000 for pain and suffering.

For more information, contact Joseph Ryan at [email protected].

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Alfredo Miranda, et al. v. State Farm Mutual Automobile Ins. Co., et al.

Milwaukee County Case No. 18-CV-5918

Trial Dates: November 8-9, 2021

Facts: This is a sideswipe accident that occurred as defendant was pulling out of a parking spot on the side of the road. The plaintiff claimed a knee injury for which he underwent arthroscopic surgery. He claimed $86,412.39 in past medical specials.

At Trial: Plaintiff asked the jury for nearly $500,000, without suggesting a number for future pain and suffering.

Verdict: The jury awarded zeros across the board. 

For more information, contact Joseph Ryan at [email protected].