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MACOMB COUNTY JURY RETURNS A UNANIMOUS NO CAUSE VERDICT IN DENTAL MALPRACTICE CASE TRIED BY JOHN TOTH

During a routine root canal of tooth # 3, an endodontic file was inadvertently dropped into the patient’s throat, was swallowed, and subsequently passed without complication the following day. It was further alleged that a separate root canal file had broken off into the maxillary sinus which was the source of chronic infections with severe headaches and that these chronic infections exasperated the patient’s underlying comorbidities of diabetes, congestive heart failure and hypertension. The demand to the jury was 2.8 million dollars. The defendants made no settlement offers.   After 1.5 hours of deliberation, the eight-person jury returned a unanimous verdict in favor of the defendant dentists.