Facts

On Nov. 2, 2010, Carlos Pineiro presented to Russell Moon at his office for a root canal. Pineiro initially presented to Moon on Oct. 18, 2010, during which Moon noted a loose bridge from tooth number 2 to tooth number 5. As a result, Moon recemented the bridge while removing decay from one of the teeth. He also told Pineiro that a root canal at tooth number 5 might be needed. After Pineiro continued to experience pain, he returned to the office for a root canal. However, afterwards, Pineiro claimed to continue to feel pain and swelling. After going to an emergency room, he was prescribed antibiotics and told to follow up with the dentist. Pineiro returned to Moon's office, but was told he had to wait for the swelling to go down before the root canal could be completed. Eventually, Pineiro went to a new dentist and had tooth number 5 extracted due to an infection.

Pineiro sued Moon, alleging dental malpractice. He claimed that Moon negligent performed the root canal, causing the subsequent infection and extraction. He also alleged that when he continued to experience pain and swelling, he could not get into contact with Moon. When he eventually did return to his office, Moon only told him to wait for the swelling to go down.

Moon claimed that the root canal was within the standard of care, and claimed that Pineiro's credibility was at issue because he returned for two more appointments to finish the root canal, but never returned thereafter. Moon presented records showing that Pineiro returned to the office after Nov. 8, though Pineiro claimed he had not.

Settlement Discussions

Defendant has served a CCP offer for $30,000.

Damages

Pineiro sought $100,000 for pain and suffering.

Injuries

Pineiro suffered an infection, requiring the extraction of a tooth. Plaintiff claimed that he needs a sinus lift and three dental implants at a cost of $25,000.

Result

The jury returned a defense verdict.

Deliberation

20 minutes

Poll

11-1

Length

four days