Confidential
Settlement – $850,000Facts
In March 2001, the plaintiff went to the defendant general dentist for an examination and dental treatment. The defendant failed to include the plaintiff's lower right wisdom tooth on x-ray despite documenting in the plaintiff's chart that it was impacted. Several dental visits later, in November 2001, the plaintiff complained to the defendant of bleeding in the area of his lower right wisdom tooth. The defendant again failed to take an x-ray of the area. In December 2002, the defendant's x-ray of the lower right wisdom tooth showed serious pathology. The plaintiff was referred to an oral surgeon for biopsy which revealed squamous cell carcinoma arising from a dentigerous cyst associated with the impacted lower right wisdom tooth. The plaintiff underwent a modified neck dissection and mandibulectomy procedure and received concurrent chemotherapy and radiation treatment. Two lymph nodes were found to contain metastatic disease. During litigation, recurrent disease arose whereby the plaintiff underwent another radical neck dissection and mandibulectomy procedure and received concurrent radiation treatment. The plaintiff's cancer was then categorized as Stage IV.
Settlement Discussions
The plaintiff and his wife settled for $850,000. There were in addition, confidential settlements with other prior treating defendants. The terms of the settlement included the plaintiff wife's claim for loss of consortium and a waiver of any future wrongful death action from the plaintiff's wife and minor children.
Injuries
Stage IV cancer, shortened life expectancy, diminished quality of life, disfigurement, loss of function.
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