Firm News

Brian Burge & Ryan Niehaus Secure Defense Verdict for Orthodontist

Brian Burge and Ryan Niehaus recently secured a defense verdict on behalf of an orthodontist in a malpractice jury trial held in the Federal District Court for the Western District of Missouri.  The plaintiff alleged the defendant improperly placed braces on her resulting in an off-center dental midline. Plaintiff also alleged that the treatment caused facial skeletal asymmetry, temporomandibular joint dysfunction, hearing loss and chronic headaches.  At trial, Plaintiff presented the testimony of three general dentists (including a TMJ expert) but did not offer expert testimony from an orthodontist.  In contrast, the defense presented testimony from a board-certified orthodontist, as well as an oral maxillofacial surgeon, both of whom testified that the defendant’s treatment plan was appropriate and did not cause TMJ dysfunction.  Defense experts also pointed to the failure of the plaintiff’s mother to bring her daughter to regularly scheduled appointments for nearly a year during a critical treatment period as a causative factor in the outcome.  At close, plaintiff asked for nearly $3 million in damages.  The jury deliberated for less than an hour before returning a verdict in favor of defendant and awarded no damages.