Medical malpractice lawsuits are known for their huge amounts of money that are at stake. Unfortunately, behind these dollars, there are often severely impaired victims and sometimes even fatalities. Below is one example that caused different reactions in the public, due to the tragedy of the situation and the question as to whether or not, a two digit million dollar compensation can be considered adequate under the given circumstances.
A dental medical malpractice lawsuit filed in New Jersey for the alleged wrongful death of a young man made the jury award over $10 million to the victim’s family. The victim, Mr. Keller, had a genetic health condition which should have been known to his health care provider and therefore precluded him from receiving any form of oral surgery. The family of Francis Keller filed this dental malpractice lawsuit which was litigated in the jurisdiction of the Superior Court of New Jersey (for Middlesex County). The plaintiff was the Perth Amboy, New Jersey based oral surgeon Dr. Flugrad. Dr. Flugrad performed the extraction of Mr. Keller’s wisdom teeth on August 4, 2005. Shortly thereafter, Mr. Keller suffered a reaction to the surgical procedure, which eventually caused his throat to swell. As a result, he died due to suffocation. The jury in charge found Dr. Flugrad guilty of medical neglect. Dr. Flugrad, according to the jury, was aware of Mr. Keller’s hereditary health condition, which caused his immune system to react to any kind of trauma to his hands or his face. The jury concluded that this medical disorder should have precluded the victim from receiving oral surgery or any other dental work. Dr. Flugrad alleged the family dentist Dr. John Madaris of negligence, but the jury did not accept this argument.
Mr. Keller’s family reportedly received over $12 million ($10.2 plus accrued interest) for Francis Keller’s wrongful death. This is one of the largest dental malpractice compensation awards in the United States. After the verdict became public, the controversy started, mainly in Internet forums where people continue to exchange emotionally charged arguments over the settlement.