CHARLESTON – State Supreme Court Justice Beth Walker has filed a civil lawsuit against a Charleston oral surgeon over what she describes as a botched dental procedure.
Walker filed the complaint April 7 in Kanawha Circuit Court against Steven W. Ledford Jr., a dentist specializing in oral and maxillofacial surgery at Mountain State Oral & Facial Surgery. Walker declined to comment on the case.
According to the complaint, Walker went to the facility January 31, 2019, for a comprehensive oral exam that included panoramic radiographs. She was examined by Ledford. On February 11, 2019, she returned to see Ledford for extraction of tooth number 18 and socket preservation with bone graft in anticipation of future implant placement.
In April 2019, she returned for a routine recheck. The site was found to be stable. On June 3, 2019, Walker returned to Ledford for implant placement under local anesthesia. She was discharged and was to return in eight weeks for a follow-up exam.
On August 19, 2019, Walker returned for the checkup. Another panoramic radiograph was taken, and Walker complained of pain in other teeth 16 and 17.
“Ledford reportedly provided plaintiff Walker with pre-extract instructions for the two additional teeth and explained that the implant at site #18 ‘looks great,’” according to the complaint.
Walker returned on September 30, 2019, for Ledford to extract the other two teeth. On November 13, 2019, Walker returned to her primary dentist Monica Puderbaugh for crown placement on tooth 18.
On June 7, 2021, Walker saw dentist Steven M. Van Scoyoc upon referral for an abscess at tooth 18. She was diagnosed with localized chronic moderate periodontitis with 50 percent bone loss. On June 22, 2021, Walker returned to Van Scoyoc to have her crown removed and a closure cap placed.
On July 20, 2021, she went back to Van Scoyoc to have the implant at 18 removed. He found a foreign object wrapped around the implant that appeared to be a piece of cotton, and a significant vertical and horizontal defect was present, according to the complaint.
“The patient was advised that grafting the implant would not be possible and due to the extent of the bone loss the implant should be removed,” the complaint states. “Implant and cotton piece saved in back lab if pt needs it after she calls the place she had the implant placed. Photos taken.”
The complaint says Puderbaugh didn’t use any gauze material other than cotton pellets to protect the implant screw when she placed the crown.
“Accordingly, to a reasonable degree of dental probability, defendant Ledford failed to comply with the applicable standard of care in his treatment of plaintiff Walker by failing to remove a foreign object, through to be a piece of gauze or like material, from site #18 during one of the procedures he performed at or adjacent to that location,” the complaint states.
Walker says she has sustained permanent physical injury to her jaw and experienced infection, bone loss, physical pain and discomfort, worry and loss of enjoyment of life. She says Ledford’s actions required additional dental procedures and dental expenses that will continue.
She seeks compensatory damages, pre- and post-judgment interest, court costs and attorney fees.
In his May 5 answer, Ledford denies the allegations and seeks to have the case dismissed.
Walker is being represented by J. Michael Benninger of Benninger Law in Morgantown. Ledford is being represented by Edward C. Martin and Ryan A. Brown of Flaherty Sensabaugh Bonasso in Charleston. The case has been assigned to Circuit Judge Joanna Tabit.
According to West Virginia’s Code of Judicial Conduct, a judge shall disqualify himself or herself if the judge’s impartiality might be reasonably questioned. That means Tabit would disqualify herself if she thinks she can’t be impartial in the case involving Walker.
In addition, one of the parties could ask Tabit to disqualify herself from the case if they feel she couldn’t be impartial. Even with such a request, Tabit still would have the discretion to disqualify herself or to remain on the case.
Kanawha Circuit Court case number 22-C-263
