A jury in a medical malpractice case, Leone v. Bauman, on Sept. 18 awarded $2.1 million to a man whose face was disfigured after his dentist failed to diagnose a cancerous tumor in his jaw, though the plaintiff's recovery was reduced to $1.53 million.

Plaintiff Anthony Leone, a dental patient, charged that Dr. Lawrence Bauman, his longtime dentist, failed to diagnose oral squamous cell carcinoma, resulting in extensive surgery to his face to remove the lesion. The malpractice occurred at a visit in May 2014, according to Leone's attorney, Jack Wurgaft of Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins in Springfield.

The case was heard in Union County Superior Court before Judge Robert J. Mega. The jury, after a three-week trial, returned a verdict of $2.1 million, which was reduced based on a preexisting cancerous condition as required by Scafidi. That reduced the net verdict to $1.53 million.

Medical Protective, based in Princeton, is the insurance carrier covering the entire settlement.

David Lustbader of Lustbader & Lustbader in Livingston represented Bauman. Lustbader couldn't be reached for comment.

Leone claimed Bauman failed to conduct a proper oral examinations on him, and thus didn't detect the cancerous tumor in a timely fashion.

At trial, Leone presented testimony of the treating head and neck surgeon who performed extensive surgery to remove the tumor, as well as testimony from a certified dentist and oral pathologist, who testified that the cancerous lesion was diagnosable at a point in time, and the surgery, chemotherapy and radiation would not have been necessary if it were detected, according to Wurgaft.

The surgery required removing half of Leone's face, identifying and removing the cancerous tumor, and reconstructing his jaw using bone and soft tissue from his lower leg, Wurgaft said, noting that no settlement offer was made.

Wurgaft said it is the largest known dental malpractice verdict in Union County. "The verdict was fair considering the injuries were substantial and life-threatening," he said in a phone call.

Leone, now 56 and living in Warren, owns his own home construction business. Wurgaft said his life has changed dramatically.

"He has substantial limitations," Wurgaft said. "His face is disfigured and [he] has difficulty eating, drinking and swallowing. And of course, he has the anxiety of whether the cancer will come back."

— Suzette Parmley

$1.1M Settlement in Optometry Case

Mutz v. Offen: A Union County couple settled their medical malpractice case against their optometrist for $1.1 million on Aug. 21.

Plaintiffs Rita and Donald Mutz of Westfield settled their medical malpractice case against optometrist Suzanne Offen of Offen Eye Associates in Westfield.

The release was filed on Sept. 3, 2019 in Union County Superior Court.

Plaintiff Rita Mutz, 67, and a retiree at the time of treatment, complained of spotty vision in her left eye with white cloud effect which had started a few days earlier to Dr. Offen on July 21, 2017.

No intraocular pressure was measured and no gonioscopy was performed, according to the case. Mutz was dilated and a diagnosis of vitreous degeneration was made, according to court documents.

Mutz was rechecked on July 27, 2017, with intraocular pressure elevated at 60 in the left eye. Conjunctive hemorrhage in her left eye was diagnosed, according to the complaint.

Two days later, she paid an emergency visit to a retina specialist and was diagnosed with severe corneal haze, stromal edema and microcystic edema in the left eye.

Mutz was represented by Bruce Nagel of Nagel Rice in Roseland. Susan F. Connors, also of Nagel Rice, was co-counsel with Nagel.

Robert T. Evers of Marshall Dennehy Warner Coleman & Goggin in Roseland represented Dr. Offen. Evers had no comment.

Nagel said Mutz lost vision in her left eye due to optic atrophy and Dr. Offen's missed diagnosis of acute angle glaucoma. Mutz claimed the eye exams were incomplete and should have included modalities to test for infection.

Nagel said the case never went to trial and his team settled directly with the defendant.

Travelers Insurance is covering the entire settlement.

"$1.1 million is a fair number for the general loss of vision in one eye," Nagel said. "She can function but she lost vision in one eye."

— Suzette Parmley