Gigi Melkon v. Floyd E. Dewhirst, D.D.S., Louise G. Dewhirst, D.D.S., and the Dewhirst Partnership
Published: Sep. 12, 1998 | Result Date: Jul. 16, 1998 | Filing Date: Jan. 1, 1900 |Case number: SC037120 Verdict – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Steven L. Zelig
(WLA Legal Services Inc.)
Defendant
David M. Hillings
(Clinton & Clinton)
Experts
Plaintiff
Peter H. Grossman
(medical)
George W. Bernard
(medical)
Defendant
Jeffrey B. Ballen
(medical)
Facts
On Aug. 2, 1995, plaintiff Gigi Melkon presented on an emergency basis to the dental office of defendant Dewhirst Partnership where she had been a patient for many years. She was seen by the Dewhirst's associate, a dentist, who determined that the plaintiff needed root canal on tooth No. 5. She was given an antibiotic prescription and reappointed for August 4. The plaintiff presented to the Dewhirst office on August 4, at which time the treating dentist proceeded to perform root canal therapy on tooth No. 5. During the procedure, sodium hypochlorite (bleach) was utilized to irrigate the canals. The plaintiff subsequently developed a severe chemical burn on the area on her right lower chin which resulted in permanent scarring. The plaintiff brought this action against the defendants based on dental malpractice and negligence.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $99,500. The defendants made a C.C.P. º998 offer for $19,999.
Injuries
The plaintiff claimed that she has permanent scarring on the right lower cheek area as a result of the chemical burn. She was required to wear a uvex face mask for approximately one year while the wound healed. She now suffers from agoraphobia. There are no future surgical procedures which would improve the condition of the scar and plaintiff must live with the disfigurement.
Other Information
The verdict was reached approximately two years and seven months after the case was filed. A settlement conference was held on Jan. 13, 1998, before T. Emmett Thorton, resulting in no settlement. The defendant dentist settled prior to trial for $9,999. Defendant's motion to contest the good faith settlement was denied. Plaintiff's motion for new trial was denied.
Deliberation
one day
Poll
12-0
Length
5½ days
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