The Pennsylvania Superior Court recently upheld a Luzerne County jury’s $11.5 million verdict following a 2024 civil negligent malpractice trial against a Butler Township dentist.
Mary Heffelfinger, of Chester County, filed a civil lawsuit against Dr. Linda Shen and her practice, Shen Smiles and Drums Dental Lab, in 2021, alleging a cancerous lesion on her tongue was not properly or medically diagnosed during oral cancer screenings during dental visits.
The woman had been a patient at Shen’s practice for nearly a decade.
Throughout more than six dental visits in 2018, Heffelfinger had a lesion present on the left side of her tongue that Shen prescribed palliative treatment, such as antibiotics and mouthwash, but failed to refer Heffelfinger to a specialist for a biopsy, according to the Superior Court’s opinion.
The lesion grew during 2018 until a then-assistant at Shen’s practice became alarmed when she discovered the lesion on Heffelfinger’s tongue. When the former assistant raised her concerns, Shen responded in a hostile manner and told the assistant to stay quiet, the opinion says.
The former assistant advised Heffelfinger to visit an oral surgeon, which a biopsy confirmed a cancer diagnosis in 2019.
Heffelfinger underwent surgery that involved the removal of the left side of her tongue, and several lymph nodes, including a skin and blood graft to restore partial use of her tongue, the opinion says.
Although Heffelfinger was able to achieve remission in her cancer diagnosis, she suffered permanent injury including speech deficits, scarring and a continued risk of recurrence.
After a three day trial before Luzerne County Judge Richard M. Hughes III in February 2024, the jury decided in favor of Heffelfinger, awarding her $11 million plus $459,513 in delay damages finding Shen was negligent and reckless.
Shen appealed the jury’s verdict and monetary award claiming evidence was insufficient to show negligence, the lawsuit was filed outside the statute of limitations for medical malpractice and a witness was permitted to testify about the dental practice not keeping a legitimate record of patients.
A three member panel of the Superior Court rejected Shen’s appeal in a 23-page opinion.
“The jury’s verdict bears a reasonable resemblance to the proven damages, and we are precluded from reweighing the evidence and substituting our judgement for that of the fact finder,” the appellate court ruled.
Heffelfinger was represented by Attorneys Thomas R. Kline and Braden R. Lepisto, of Kline & Specter, PC, law firm in Philadelphia.
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