However because of Michigan's cap on dental malpractice awards, Herta Hopton will only receive a fraction of the jury award, which will reportedly be $600,000, according to the Detroit News. Despite this, the victim's lawyer Robert Gittleman said his client feels "vindicated."
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Hopton was reportedly referred to Warran Vallerland, an oral and maxillofacial surgeon, in May 2006 to evaluate and biopsy a white lesion in the bottom of her mouth. A biopsy was not done at that time.
In November 2006, Hopton returned to Vallerland complaining of pain and a biopsy was done which then confirmed she had invasive skin cancer that had reached stage four.