The Iowa Court of Appeals has ordered a new trial for an eastern Iowa dentist in a malpractice lawsuit involving a wayward piece of equipment.
Edward Franzen went to Doctor Alan Kruger’s office in West Union to have a tooth removed. A drill bit flew off and went down Franzen’s throat as Kruger began the procedure The drill bit lodged in Franzen’s lung and he had to have part of the lung removed.
Franzen says the surgery left him with reduced lung capacity that made it tougher to do his work on the farm and sing in the church choir. A jury awarded Franzen $400,000, plus $320,000 in future damages.
Dr. Kruger appealed and the Iowa Court of Appeals reversed the decision and ordered a new trial, saying a survey used by an expert witness for Franzen should not have been allowed and likely influenced the jury’s decision.
See the ruling here: Dental opinion PDF