On May 24, 2006, Dr. Joel O. Diven, DDS was attempting to extract the second upper molar (tooth # 2) of McNeil Island Correctional Center prisoner Larry Hembd. Diven fractured Hembd’s upper jaw bone and removed a half-dollar size chunk of bone with tooth # 2 and the adjacent third upper molar (tooth # 1). Hembd “suffered profuse, uncontrolled bleeding, the soft palette tissue was torn to mid-point and the floor of the maxillary sinus was torn out, leaving a gaping hold exposing muscle and hanging upper sinus tissue.”
On August 20, 2007, Hembd filed a tort claim, pursuant to RCW Chapter 492, seeking $300,000 in damages. He was represented by Port Orchard, Washington attorney Richard L. Peterson, of Crawford, McGilliard, Peterson & Yelish.
The State of Washington settled the claim on November 16, 2007, by paying Hembd $130,000.
Source: In re Hembd, Tort Claim Form & Settlement Agreement
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Related legal case
In re Hembd
|Cite||Tort Claim Form & Settlement Agreement|