Hills attorney boasts ‘largest jury verdict’
Source: www.hometownlife.com Author: Stacy Jenkins It may be the largest jury verdict award for a dental malpractice lawsuit, but Michigan's tort laws prevent the $15 million award from becoming a reality. Farmington Hills attorney Robert Gittleman said he is “thrilled” by the $15 million verdict reached Aug. 27 by an Oakland County Circuit Court jury because “it sends a strong message.” But the tort laws, he says, are “ludicrous and unfair.” Under Michigan's tort laws, his client will receive $500,000 instead of the $15 million the jury thought she deserves. “It's not tort reform, it's tort deform,” he said. “It's an oppressive law that messes up the jury (process) because the jury speaks, then the judge has to (rule) something else.” Gittleman represented Herta Hopton, 61, of Novi, in the jury trial in Circuit Court Judge Steven Andrews' courtroom in August. Hopton, who was referred to board-certified oral surgeon Warren Vallerand, in Novi, had pain in her lower right jaw in 2005. She visited her general dentist at that time, and again in February 2006 when three lower teeth became loose in the area of the jaw pain. She was referred to a periodontist, who recommended the teeth be pulled and a bridge be inserted. A white lesion in her mouth at that time was considered to be “aspirin burn,” according to court documents. The lesion cleared up, but another surfaced in May 2006. Hopton was then referred to oral surgeon Vallerand for lesion evaluation and a possible biopsy. “His [...]