Motorcycle Accident Victim Receives $155,000 Settlement for Facial Injury Repair

Motorcycle Accident Victim Receives $155,000 Settlement for Facial Injury Repair

A Davie kitchen manager, who sustained severe facial and other injuries in a motorcycle accident in Davie, has received a $155,000 settlement. The twenty-nine-year-old plaintiff, whose identity has not been released, was compensated for complications arising from the repair of multiple facial fractures, which resulted in a “square-ish” facial appearance.

The accident, which occurred at an unspecified date, left the man with multiple facial fractures, as well as hand, chest injuries, and lacerations after he was thrown from his motorcycle. He was initially admitted to a local hospital in Broward County and placed under the care of an Ear, Nose, and Throat (ENT) surgeon. After emergency surgery to manage his airway and stabilize his condition, the defendant ENT surgeon performed an open reduction with intermaxillary fixation one week later to repair a maxillary Le Forte II fracture, bilateral mandibular condyle fracture, and mandibular symphysis fracture.

Approximately one month after his discharge, the patient’s jaws were unwired, and it was observed that his bite was misaligned. He was then referred to oral and maxillofacial surgeons, Dr. Marion Branitz and Dr. Stuart Hirsch. These specialists identified a malunion of the mandibular fractures. Recognizing the complexity of the necessary corrective surgery, they subsequently referred the patient to Dr. Lanny Garvar and Dr. Stanley Stewart, also oral and maxillofacial surgeons.

After extensive planning involving the four Broward oral surgeons, the patient was ultimately referred to Dr. Steven Holmes at Jackson Memorial in Miami. Dr. Holmes performed an osteotomy to correct the malunion. However, due to the initial repair of the mandible, the angles of the lower jaw had “winged-out” laterally, causing the plaintiff’s face to appear more square than its original oval shape. While Dr. Holmes’s repair did much to correct the issue, the “square-ish” facial appearance persisted.

According to the plaintiff’s representation, Dr. Branitz, Dr. Hirsch, Dr. Garvar, and Dr. Stewart would have testified that the initial ENT surgeon did not adequately appreciate the critical importance of re-establishing the patient’s bite, or occlusion, during the mandibular repair—a paramount consideration for oral surgeons. The plaintiff also had an independent expert, who is both a dentist and a physician, trained in both oral surgery and ENT, supporting this claim.

The defendant ENT surgeon maintained that the fractures were properly repaired, and the outcome was the best possible given the extent of facial trauma sustained in the motorcycle accident.

The case was settled out of court for $155,000 prior to trial. The plaintiff was represented by Kenneth P. Liroff, D.D.S., J.D., of THE DENTALAW GROUP in nearby Fort Lauderdale, FL. Charles E. Sinclair, Esq., of Miami, FL, represented the defendant.