On October 21, 2014. a personal dental malpractice lawsuit was quietly settled out of court in favor of plaintiff, Freya Koss who, while admittedly is relieved that’s it’s over, is yet somewhat dismayed at not having gone to trial, as a positive jury verdict would have set a legal case precedent. Still, credit Freya Koss’s fourteen years of unyielding persistence for bringing this case to its landmark conclusion.
The settlement averted a jury trial that had been scheduled to take place in New York Supreme Court, Bronx County. The complaint, as filed in 2000 by Ms. Koss, alleged that the dentist had exposed her to dangerous levels of mercury during the removal of an existing amalgam filling and replacement of a new amalgam filling.
Further, she alleged that her injuries were due to a number of deviations from the acceptable standard of care in 1998. Among the deviations, she charged that liquid mercury was used rather than a pre-encapsulated form of dental amalgam. Also, she charged that the liquid mercury was inadequately mixed in an antiquated damaged “amalgamator” device that was manufactured in 1941. In addition, no precautions were taken to prevent inhalation of mercury vapors, which caused harm to her nervous system. She also alleged that the dentist failed to inform her of the risks involved in the drilling out and replacement of mercury containing amalgam fillings.
Under the terms of the settlement, Ms. Koss is not permitted to reveal the amount of the settlement or certain details related to the defendant. Her story and some of the details of the case can be found on the IAOMT’s website (iaomt.org) or the DAMS’s organization contact at firstname.lastname@example.org .
To Your Optimal Health and Vitality with Beautiful Smiles.