1. TMJ Injury Results in
Substantial Pain and
Suffering Award

2. By John Hochfelder on May 23, 2012 Posted in Facial Injuries
On April 20, 2004, Caridad Cuevas underwent surgical removal of a
stone from her salivary gland. Afterwards, she was left with a
severe temporomandibular joint (TMJ) injury.
Ms. Cuevas, a 21 year old medical assistant, contended that her
TMJ injury was the result of her jaw being hyperextended by the
anesthesiologist when administering general anesthesia via
endotracheal intubation:
Ms. Cuevas brought a successful lawsuit against the doctor and
the hospital and a Manhattan jury awarded pain and suffering
damages in the sum of $1,250,000 ($250,000 past – six years;
$1,000,000 future – 55 years).
The defense successfully argued that the award was excessive and
the trial judge agreed that the award should be reduced to
$750,000 ($250,000 past, $500,000 future).

3. The hospital appealed both the liability verdict and the damages
award, even as reduced. Now, in Cuevas v. St. Luke’s Roosevelt
Hosp. Ctr. (1st Dept. 2012), the appellate court has affirmed on
all counts and the pain and suffering award stands at $750,000.
As set forth in the appellate court decision, due to the TMJ
injury Ms. Cuevas had to wear a mouth guard at all times (causing
a lisp) and she could not:
•open her mouth more than 15 milliliters without pain
•eat without pain or cutting her food into very small pieces
•kiss her husband normally

4. What was not mentioned in the decision is the fact that plaintiff
suffered from pre-existing multiple sclerosis (an autoimmune
disease that affects the brain and spinal cord) and as a result
she was not a candidate for any surgery to correct her TMJ injury
and could not take anti-inflammatory medication.
Inside Information:
•The loss of consortium and services verdict for plaintiff’s
husband in the sum of $250,000 ($50,000 past, $200,000 future)
was reduced to $150,000 (50,000 past, $100,000 future). This
aspect of the verdict included consideration of the fact that the
married couple could not kiss normally.
•The defense contended that plaintiff’s multiple sclerosis showed
a pre-disposition for a TMJ injury.
•The hospital had sought summary judgment dismissing the complaint
before trial claiming that it could not be held liable for the
negligence of an anesthesiologist who was an independent
contractor not employed by the hospital. The motion was denied.

5. POSTED BY ATTORNEY RENE G. GARCIA:
For more information:- Some of our clients have suffered this
kind of injuries due to a serious accident. The Garcia Law
Firm, P.C. was able to successfully handle these types of cases.
For a free consultation please call us at 1-866- SCAFFOLD or 212-
725-1313.
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