03/27/2024
I'm pleased to report this week we won a jury verdict in Cobb County for $130,000, which was more than 4x the defense's only offer in the case. This was a "smaller" case than my firm usually takes on--it was one of the first cases I accepted after starting my own firm in 2020. But it was a huge day for my client.
The defendants were oral surgeon Erik Belinfante DMD and his practice, Atlanta Oral & Facial Surgery LLC. During a 2020 wisdom tooth surgery Dr. Belinfante negligently mistook a healthy permanent molar for one of the wisdom teeth and extracted it, leaving the wisdom tooth in. The result was a three-year corrective procedure by a series of other providers to slowly pull the wisdom tooth into the gap in my client's mouth where the permanent molar used to be.
Defendants had no choice but to admit negligence. Despite that, the Defendants and their insurance company, OMS National Insurance Co. (OMSNIC), ignored our settlement offers. During years of litigation they never offered a penny. Once we were on a trial calendar they offered just $30,000 and suggested my client should be happy to take it. They thought so little of the case that they never bothered to take his deposition during discovery so they could save money (they actually told us this).
We were told from the beginning that the Defendants' malpractice was not a big deal and that "OMSNIC has never paid a dime more than $40k for a tooth" (poignantly, they never even offered us that). I told them over and over that it was a $100,000 case and that OMSNIC should pay it, if for no other reason than to protect their clients from a malpractice verdict in the public record.
They didn't pay it of course, and yesterday a Cobb County jury told them what I told them for years: the case was worth at least $100k. Since they ignored our settlement efforts and forced my client to trial, they will also have to pay his attorney's fees on top of the $130k verdict.
All of this for a case they could have settled last year and protected their insureds for less than $80,000.
This is the reality of what insurance companies do. It's on a smaller scale but the problem is the same. And it's what lurks behind every complaint of "nuclear verdict," "judicial hellhole," and "greedy trial lawyers" you hear bemoaned by insurance lobbyists and tort reformists.
Even smaller cases like this remind us all why the civil justice system is sacrosanct and must be protected at all costs from efforts by insurance companies to erode those rights. The only reason--and truly, the ONLY reason--any insurance company has ever paid anyone a cent is because if they don't, the community will hold them responsible for it.