Dentist held liable for patient’s ongoing repairs

A St. Louis County jury found that a dentist deviated from the standard of care in performing a full mouth dental reconstruction and awarded $165,000 to his patient.

Ester Johnson alleged that Dr. Michael White failed to evaluate her properly and failed to form a comprehensive treatment plan. These failures, she alleged, led to a protracted series of procedures lasting for four years of treatment. The result was that Johnson still needed and will continue to need repairs.

“This verdict is a warning for general dentists doing implant procedures,” said Johnson’s attorney, Kirk Wittner of STL Law Group. “When general dentists engage in implant procedures, they are held to the same standard as those who have specialized training.”

White’s insurance carrier offered to settle for $50,000 prior to trial. Johnson’s attorneys valued the case higher, and they prepared the case to go to trial.

A dentist testifying for the plaintiff said Johnson will require further care to repair the dental work performed by White and will endure pain and suffering in order to get a normal functioning mouth.

A defense expert conceded that Johnson’s treatment was a very complex case and required a comprehensive plan but stopped short of saying that White deviated from the standard of care and said he did not believe White caused any permanent damage to Johnson.

Philip Willman of Brown & James, who represented White, did not respond to a request for comment.

“During this week-long trial, we were impressed by how intently the jury listened,” Wittner said. “They deliberated from 4 p.m. to 8 p.m. on a Friday afternoon. This jury really got it right, and we were very happy with their verdict.”

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$165,000 verdict

Medical malpractice

Breakdown: $7,084 in past economic damages; $8,000 in past noneconomic damages; $49,920 in future economic damages; $100,000 in future noneconomic damages

Venue: St. Louis County Circuit Court

Case Number/Date: 17SL-CC04328/

Judge: David L. Vincent III

Last Pretrial Demand: $190,000

Last Pretrial Offer: $60,000

Plaintiff’s Experts: June Wolff, DMD

Defendants’ Experts: Robert Blackwell, DDS

Insurer: Medical Protective Company

Caption: Ester Johnson v. Michael White, DDS

Plaintiff’s Attorneys: Kirk Wittner and Alexandra Hart, STL Law Group, St. Louis

Defendant’s Attorneys: Philip Willman and David Perron, Brown & James, St. Louis

Correction: An earlier version of this post listed the wrong first name for attorney Kirk Wittner in one instance. A quotation that didn’t accurately reflect the facts of the case has been removed. We regret the error.