Doe v. Roe
Published: Dec. 8, 1994 | Result Date: Nov. 14, 1994 |Case number: 609811 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
George E. Peterson
(Peterson, Bradford & Burkwitz LLP)
Facts
Plaintiff Doe was a 26-year-old registered dental assistant. In 1985, she consulted with the Defendant regarding orthodontic correction of a Class-III malocclusion. Defendant referred Plaintiff to an oral surgeon for surgical correction consult. On September 30, 1985, Plaintiff began orthodontic treatment. A written informed consent form was presented by Defendant and signed by Plaintiff. This form allegedly covered the risk of root resorption, loss of the root structure. Full-mouth periapical and panorex radiographs were obtained from Plaintiff's treating general dentist prior to the treatment. A panorex radiograph was taken on March 10, 1986, by the oral surgeon. On May 9, 1986, the general dentist took anterior periapical X rays to monitor for root resorption; the results were negative for evidence of root resorption. On April 2, 1987, the general dentist took periapical X rays which showed moderate root resorption on the 4 upper front teeth. Defendant contacted the oral surgeon and recommended that surgery be performed as soon as possible. Periapical X rays taken on May 22, 1987, showed continued root resorption. On June 4, 1987, Plaintiff was sent to the oral surgeon in anticipation of surgery. On June 17, 1987, Plaintiff advised that she was pregnant and surgery was canceled. Defendant removed the upper braces and placed Plaintiff in a retainer. Root resorption continued on the upper teeth. There was also resorption on the 4 lower teeth. After childbirth, orthognathic surgery was performed on June 7, 1988. Plaintiff returned to the orthodontist on September 12, 1988; and retainers were made. Plaintiff returned for 2 retainer checks and then left the care of the Defendant.
Settlement Discussions
Defendant contends he made no offer and Plaintiff demanded $75,000.
Specials in Evidence
$32,000
Damages
Plaintiff's counsel asked the jury to award a $150,000 verdict.
Injuries
Plaintiff claimed that she would lose her 4 upper and 4 lower anterior teeth as a result of root resorption and alveolar bone loss in 5 to 10 years. There was moderate to severe root resorption on all 8 of Plaintiff's front teeth. Plaintiff stated that she would need replacement over her lifetime twice with dental implants at a cost of $16,000 per replacement. No past dental expenses or loss of earnings were claimed.
Other Information
Defendant oral surgeons dismissed for waiver of costs prior to trial.
Deliberation
1 hour, 45 minutes
Poll
11-1
Length
5 days
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