Facts

Plaintiff's upper left wisdom tooth (tooth No. 16) was extracted by defendant on Dec. 16, 2006. Plaintiff returned for a post-operative examination on Dec. 22, 2006. According to the defendant, there were no signs of an infection on that date. However, plaintiff was hospitalized on Dec. 24, 2008, for four days for left facial cellulitis secondary to the extraction.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed he was not informed of the risks and alternatives of the extraction procedure, and that defendant failed to diagnose the infection at the post-operative visit.

DEFENDENT'S CONTENTIONS:
Defendant contended that her treatment was within the standard of care, she verbally informed the plaintiff of the risks and alternatives of treatment, and an infection can occur regardless of whether or not the treating dentist is negligent. Defendant further claimed that there were no signs of an infection at the post-operative visit.

Damages

The plaintiff claimed special damages of $30,000 and general damages of $85,000.

Injuries

Infection resulting in four days of hospitalization, and permanent loss of taste and smell.

Result

Defense verdict.

Other Information

POST-TRIAL MOTIONS: Defendant's motion for costs granted.

Deliberation

1.5 days

Poll

9-3 on liability in favor defendant

Length

five days