Joanna Gage v. Marvin Jensen
Published: May 11, 2002 | Result Date: Feb. 22, 2002 | Filing Date: Jan. 1, 1900 |Case number: TC013458 Verdict – $0
Judge
Court
L.A. Superior Compton
Attorneys
Plaintiff
Steven B. Effres
(Effres & Associates)
Defendant
James J. Kjar
(Kjar, McKenna & Stockalper LLP)
Experts
Plaintiff
Victor W. Mintz
(medical)
Defendant
Richard G. Boudreau DDS
(medical)
Facts
The plaintiff, age 32, underwent a wisdom-tooth extraction performed by the defendant oral surgeon on Sept. 6,
1999. Following the procedure, the plaintiff developed a complete numbness of the right side of her tongue and
jaw, The plaintiff was seen one more time by the defendant one week later, at which time the numbness had
improved but she was still having a total paresthesia and lack of sensation on the right side of her tongue.
The defendantÆs impression at that time was that he may have injured the lingual nerve from the local
anesthesia injection and that function should return over time and the patient should return to see him for
follow up. Thereafter, the plaintiff failed to return for follow up and sought treatment on her own from a
number of dentists.
Over the course of the next two years, the plaintiff went on to develop permanent
numbness, lack of taste and sensation in her tongue along with jaw pain, ear pain, neck pain and
other physical complaints related to an alleged complete severance of the lingual nerve by the
defendant.
Settlement Discussions
Pretrial, the plaintiff submitted a demand of $175,000. The defendant made no offer.
Specials in Evidence
$2,000
Damages
The plaintiff claimed that damages for pain and suffering should be $250,000.
Injuries
The plaintiff claimed that the defendant, through manipulation of one of the instruments at surgery caused a complete severance of her lingual nerve, resulting in permanent numbness, lack of taste, shooting pains in her neck and other permanent problems.
Other Information
On the first day of trial, the plaintiff dropped her lack of informed consent theory and the defense agreed not to pursue a failure of mitigation of damages theory.
Deliberation
two days
Poll
12-0
Length
five days
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