Facts

Plaintiff Ingrid Valdez, 40, consulted defendant general dentist Sherri Worth for her gummy smile and to replace a chipped composite filling on her upper front tooth. Defendant advertised she was a cosmetic dentist who strived for perfection, which she testified she achieved in plaintiff's treatment.

Defendant advised plaintiff that to achieve a cosmetic and functional result that she should also restore her lower teeth with veneers. Defendant drilled 20 teeth for veneers, crowns, and two teeth for a three-unit fixed bridge.

Subsequent corrective care of defendant's treatment replaced 20 defendant restorations to correct defendant's over contoured crowns, replace open unsealed crown margins, root canals for eight teeth and crown lengthening surgery to correct biological width invasion of the anterior veneers since defendant placed veneer margins too deep the same day as defendant's laser surgery of plaintiff's upper anterior gums to heighten plaintiff's visibly gummy smile line.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that in 2.4 hours under IV sedation, defendant could not reasonably prepare and temporize 23 units of crowns, veneers and a bridge. Defendant over diagnosed and over treated the need for full mouth veneers, crowns and a bridge. Instead, plaintiff required periodontal crown lengthening surgery to remove bone and gum tissue to treat her gummy smile and have plaintiff's smile raised to a higher level above her existing smile line. Defendant's laser surgery did not change the bone position which laser gum recontouring could not and did not achieve. After defendant's laser surgery, plaintiff's gums grew back to their original biologic width position causing chronic painful inflamed red and swollen gums. Teeth bleaching and Invisalign orthodontics should have been offered as an option rather than veneers for the lower anterior, which now require veneer replacements every 10 years. Defendant spilled Coke on her treatment records which plaintiff contended obfuscated questioned documents examine.

DEFENDANT'S CONTENTIONS:
Defendant and her experts contended she strived for perfection, achieved esthetic perfection and met the standard of care. Plaintiff's inflamed gums were due to plaintiff's inadequate oral hygiene and not biologic width invasion. Root canals are a risk of restorations.

Settlement Discussions

Plaintiff Ingrid Valdez made a CCP 998 demand of $150,000. Plaintiff Barry Valdez made a subsequent CCP 998 demand of $20,000. Defendant made a CCP 998 offer of $170,000 (combined).

Injuries

Replacement restorations of 20 teeth which defendant restored, crown lengthening surgery, eight root canals and future replacement of defendant's lower veneers every 10 years due to unnecessary overtreatment.

Result

$641,542 including costs and prejudgment interest of $154,442.

Other Information

FILING DATE: Feb. 26, 2010.