Frey v. Winchester Oral Surgery Center P.C., et al

Case Background

Christine Frey filed a medical malpractice case against oral surgeon, Dr. Eric Starley and Winchester Oral Surgery Center. The lawsuit alleged negligence and Frey sought damages after the oral surgeon removed all her teeth without prior consent. The case was filed in the Winchester City Circuit Court, Virginia. Judge William W. Eldridge IV presided over this case. [Case number: Cl23000146-00]

Cause

Christine H. Frey, a 43-year-old woman, visited Winchester Oral Surgery Center on January 25, 2023. She intended to have her 10 remaining lower teeth removed and receive two implants for a future overdenture. Dr. Eric Starley, the oral surgeon, had met with Frey three times in the previous six months. During those visits, he focused solely on her lower teeth.

On the day of the surgery, Starley failed to review the consent form that Frey had signed earlier. He also neglected to conduct a preoperative timeout, a crucial step to verify the procedure she had consented to. As a result, he removed not only all 10 of Frey’s lower teeth but also all of her upper teeth. When Frey awoke from anesthesia, she discovered that she had no teeth remaining.

Injury

Plaintiff faced ongoing dental reconstruction for the placement of fixed hybrid dentures on both her upper and lower arches. This process required her to maintain these fixed hybrid dentures for the rest of her life. Consequently, she was in significant inconvenience due to this maintenance. Additionally, she faced the potential for complications and further trauma as a result of her dental situation.

Damages

Plaintiff’s past and future economic damages related to the dental reconstruction totaled around $130,000.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Christine H. Frey
    • Counsel for Plaintiff(s): Travis W. Markley Richard L. Nagle | Heather E. Zaug | Benjamin M. Wengerd
  • Defendant(s): Dr. Eric Starley | Winchester Oral Surgery Center
    • Counsel for Defendant(s): Tracie M. Dorfman | Edward W. Bailey

Claims

Frey sued Starley and his practice for negligence, battery, and punitive damages. Her claims arose from willful and wanton negligence, as well as battery. During the pretrial phase, the defendants challenged the willful and wanton negligence and punitive damages claims through a demurrer. Despite this challenge, these claims survived throughout the trial, including various motions to strike. Frey’s case remained intact, allowing her to pursue justice for her grievances.

Defense

The defense admitted to ordinary negligence but contested the claims of willful and wanton negligence, battery, compensatory damages, and punitive damages. On the Friday before the trial, they offered $300,000 to settle the case. During the closing arguments, they requested the jury to award $400,000. Moments before the jury announced its verdict, the defense increased their offer to $600,000. This progression showed their effort to address the claims while trying to limit their financial liability.

Jury Verdict

After a four-day jury trial, the jury deliberated for about three hours. On May 23, 2023, they awarded Frey $1 million along with prejudgment interest. This interest stemmed from the negligent removal of her upper teeth on January 25, 2023. As a result, the total verdict amounted to $1,079,561.64. Frey felt relief and satisfaction with the jury’s decision, which recognized the harm she suffered.

Court Documents:

Available upon request