Confidential
Settlement – $65,000Judge
Court
Marin Superior
Attorneys
Plaintiff
Thomas A. Paoli
(Paoli & Geerhart LLP)
Defendant
Experts
Plaintiff
Randal Rowland
(medical)
Barry Wootton
(medical)
Gary S. Nelson
(medical)
Defendant
William Lundergan
(medical)
Facts
Plaintiff Stuart Jacobson, 60, was a regular patient of defendant Thomas Jarvis, D.D.S. from July 1993 to April 2002. In October 1993, the plaintiff already had a history of periodontal disease, which caused substantial bone loss before he became the defendant's patient. He was initially told by the defendant that at least two teeth needed to be extracted, and possibly three more. The plaintiff alleged that the defendant occasionally probed his gums to determine the depth of his pockets. The defendant's chart showed only two instances, over eight years apart, in which he formally charted the plaintiff's entire periodontia.
Settlement Discussions
The plaintiff made a demand of $165,000. The defendant's offer was $15,000.
Damages
Past dental charges were $10,220; future costs were estimated at $7,000 to $9,000. Crown work is estimated at $12,727, plus implant materials and lab fees. The plaintiff received additional dental treatment costing $2,126.
Injuries
The plaintiff claimed he lost eight teeth, and possibly two more.
Result
The parties settled for $65,000. The insurer in this case was Dentist's Advantage.
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