Barbara Zup Wins $80K in Dental Malpractice Verdict
Table of Contents
Case Background
Barbara Zup, a resident of Plainville, Connecticut, filed a medical malpractice lawsuit against Dr. Beenish Orr, DMD, and Smile Center in the Superior Court of Connecticut, Judicial District of New Britain. The case centered on dental implant procedures performed between March and December 2021 that left Zup hospitalized with sepsis and facing additional corrective surgeries.
Cause
The lawsuit arose from a series of dental procedures that began when Zup consulted Dr. Orr in March 2021 about getting dental implants and prosthetics. Zup presented with multiple missing teeth, heavily restored dentition, severe periodontal disease, and existing implants in two areas. Dr. Orr recommended extracting all upper and lower teeth, performing bone grafts, and placing implants for implant-retained prostheses.
On April 16, 2021, Dr. Orr performed surgical extraction of all remaining upper and lower teeth and placed multiple implants in eight different areas. The dentist used guided surgical technique and placed allograft in the extraction sites. Over the following months, Zup returned for multiple follow-up visits, complaining of various issues including difficulty retaining the upper denture, gagging, vomiting, and throwing up blood.
On December 16, 2021, Dr. Orr extracted two additional teeth and removed and replaced two failing implants while placing two more new implants. Just eleven days later, on December 27, 2021, Zup's condition deteriorated dramatically. Her husband called the dental office reporting that his wife was not acting normal, felt tired, and was not eating properly since the last implant placement. The office advised them to go to the emergency room immediately.
Injury
Zup was admitted to Hartford Healthcare's Hospital of Central Connecticut where she received treatment for acute pyelonephritis and sepsis. A CT scan revealed that one implant penetrated into her right maxillary sinus and another implant penetrated into her right nasal passage. Blood cultures showed E. Coli presence. Medical staff treated her with IV antibiotics during her four-day hospital stay.
After her release, Zup sought second opinions from two other dental providers. On January 3, 2022, an examination at Aspen Dental revealed bone spicules and pus around two implants with 4mm implant exposure on the buccal aspect. The tissue appeared red and bleeding around the implants, and the fixed prostheses had open screw holes.
A subsequent evaluation at ClearChoice Dental Implant Centers on January 11, 2022, documented multiple problems with the existing dental work. The examination found that the prostheses were ill-fitting, implants were infected, some implant threads were exposed, implants sat at different levels, and the mandibular implants were not placed deep enough. The evaluating dentist noted exposed bone on one implant and pathologic moderate recession secondary to the implants.
Damages Sought
Zup initially claimed damages not less than $15,000 in her complaint filed on April 6, 2022. Her lawsuit sought compensation for the loss of life's enjoyments, significant pain and emotional distress, and additional painful dental work required to correct the problems.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Barbara Zup
· Counsel for Plaintiff: Leslie Gold McPadden
· Expert for Plaintiff: Michael M. Greenwald | Sam R. Morhaim | Jeffrey B. Greene |
Defendants: Dr. Beenish Orr, DMD, and Smile Center
· Counsel for Defendants: Frederick J. Trotta, Sr.
· Experts for Defendants: Yoram A. Puius | Beenish Orr | Sander Polanco | Michael L. Cali
Key Arguments or Remarks by Counsel
The Plaintiff's case centered on alleged systematic failures in treatment planning, execution, and follow-up care. Zup's personal notes contradicted several entries in Dr. Orr's medical records, particularly regarding whether she received advice to consult with a periodontist. Zup maintained that she never received such recommendations despite multiple notations in the dental records suggesting otherwise.
The complaint also disputed an entry where Dr. Orr recorded Zup as saying she was happy with the treatment and that "Dr. Orr did such a good job." Zup's personal notes contradicted this positive statement entirely.
Claims
The Plaintiff brought two counts in her complaint. The first count alleged negligence and carelessness by Dr. Beenish Orr individually. The second count alleged that Smile Center was liable because Dr. Orr acted as a servant, agent, or employee of the dental practice during the treatment.
Treatment Planning Failures
The lawsuit alleged that Dr. Orr failed to properly treatment plan the patient and failed to render proper pretreatment records. The complaint also claimed Dr. Orr failed to maintain any reasonable semblance of dental records reflecting exact treatment details, including anesthetic type and amount, materials used, and intraoperative findings.
Specialist Consultation Issues
The Plaintiff claimed Dr. Orr failed to provide treatment options involving referrals to an oral surgeon, periodontist, or prosthodontist. The complaint questioned the rationale for expensive endodontic treatment of two teeth that were later extracted, suggesting this treatment was unnecessary given that extraction was ultimately performed.
Surgical Execution Problems
The lawsuit alleged failures in surgical technique, including failure to demonstrate use of implant stents for proper placement in terms of depth and angulation. Most significantly, the complaint alleged Dr. Orr failed to address maxillary sinus and nasal cavity implant perforations and failed to inform the patient of these complications.
Prosthetic Fabrication Deficiencies
The complaint alleged failures in prosthetic work, including failure to utilize a facebow for proper positioning of the maxillary occlusal plane to mandibular occlusal plane and failure to observe and mitigate excess vertical dimension.
Defense
The Defendants filed their answer on June 30, 2022. They admitted several basic facts, including that Dr. Orr was a licensed practicing dentist at Smile Center and that Zup was her patient. The Defendants also admitted that various sections copied from the medical records were accurate representations of those records.
However, the Defendants denied all specific allegations of negligence contained in the complaint. They denied the eleven enumerated ways in which the Plaintiff claimed Dr. Orr deviated from the standard of care. For certain allegations, particularly those regarding Zup's residence and some aspects of her damages, the Defendants stated they lacked specific information to form a belief and therefore left the Plaintiff to her proof.
Jury Verdict
The jury returned a verdict in favor of the Plaintiff on May 28, 2025. The jury awarded Barbara Zup total damages of $80,000, consisting of $60,000 in economic damages and $20,000 in non-economic damages. The verdict concluded three years of litigation stemming from the dental procedures that left Zup hospitalized with sepsis and requiring extensive corrective dental work.
