Daniel Cordova v. Irina Tarnavschi, D.D.S., et al.
Published: Aug. 12, 1995 | Result Date: Jul. 17, 1995 | Filing Date: Jan. 1, 1900 |Case number: VC015113 – $0
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
David M. Hillings
(Clinton & Clinton)
Experts
Plaintiff
Hugh M. Kopel
(medical)
Defendant
David M. Taylor
(medical)
Facts
On July 27, 1993, Plaintiff Daniel Cordova, a 2 1/2-year-old child, fell at home and injured an upper front tooth. His mother took him to the Children's Dental Group for examination. Plaintiff was advised to wait a few days and return for further evaluation. Plaintiff returned to Children's Dental Group on August 4, 1993; he was seen by Defendant Irina M. Tarnavschi, D.D.S. In addition to the injured tooth, the child had deep decay on his 2 upper front teeth which required pulpectomies. Plaintiff was premedicated with diazepam and hydroxyzine to calm him down and the procedures were performed under local anesthetic. Throughout the procedure, the minor was agitated, would not follow directions, and was moving about. Standard restraints were utilized, including hand restraints and a pediboard. His throat was packed with gauze and a mouth prop was utilized to keep his mouth open. Defendant was able to complete the 2 pulpectomies and had placed 2 stainless steel crowns on the upper front teeth when suddenly the minor spit out the mouth prop and gauze and swallowed one of the stainless steel crowns. Because he was not coughing or giving any indication that the crown had been aspirated into his lung, it was assumed that it had been swallowed. Defendant completed treatment by extracting the injured tooth and Plaintiff was discharged to his mother. Plaintiff was referred by Defendant to Constant K.S. Chan, M.D., that day; he took an X ray and diagnosed that the crown had not been aspirated into the lung, but rather swallowed; and the mother was advised that the crown would pass. Two days later Plaintiff developed a high fever and was taken to the emergency room at Monterey Park Hospital; further testing revealed that the crown had been aspirated into the lower right lung. Plaintiff was transferred to Garfield Medical Center where, under general anesthesia, the crown was successfully removed during a bronchoscopy procedure; he developed pneumonia and required a 5-day hospitalization.
Settlement Discussions
Defendant contends she offered $2,999 pretrial and Plaintiff demanded $12,500 (998).
Specials in Evidence
$3,659
Injuries
Aspiration of steel crown requiring bronchoscopic procedure to remove and causing pneumonia requiring 5-day hospitalization; residual fear of doctors.
Other Information
Plaintiff settled with Defendant Dr. Chan for his misdiagnosis of the X ray, in the amount of $12,500. A prior arbitration by Peter A. Dubrawski resulted in a Defense award; trial de novo by Plaintiff.
Deliberation
1 hour
Poll
10-2
Length
2.5 days
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