Confidential
Settlement – $50,000Court
Santa Cruz Superior
Attorneys
Plaintiff
Defendant
Michael J. Kowalski
(McDowell, Shaw & Garcia)
Experts
Plaintiff
Ronald V. Dorst
(medical)
Defendant
James Bird
(medical)
Facts
The plaintiff, a 55-year-old fireman, was referred by his general dentist to the defendant oral surgeon due to pain
in his lower right jaw. X-rays revealed a large cyst approximately two to four centimeters behind the lower
right second molar extending into the jaw. The defendant removed the cyst in an office procedure.
The plaintiff was released from treatment after a six-month follow-up at which time
radiographs indicated that the bone had filled in the area formerly occupied by the keratocyst.
The plaintiff returned to the defendant with complaints of pain at the prior surgery site. An X-ray
revealed that the cyst had returned and was significantly larger than the original cyst. The
plaintiff was subsequently treated at the University of California, San Francisco medical facility
where two surgeries were performed to remove the cyst and to graft bone to the surgical site.
Settlement Discussions
The plaintiff settled his claim for $50,000 after a mediation session with attorney Robert Hamilton.
Injuries
The plaintiff sustained a recurrence of a keratocyst in his mandible requiring a resection of his jaw. He claimed a total wage loss of $52,000.
Other Information
<M>The plaintiff settled his claim for $50,000 after a mediation session with attorney Robert Hamilton.</M>
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