Confidential
Settlement – $25,000Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Steven M. Maslauski
(Prindle, Goetz, Barnes & Reinholtz LLP)
Facts
OOn Dec. 18, 1996, the plaintiff, a 3-year-old girl, was accompanied by her mother for a scheduled visit at
defendantÆs dental office. The plaintiff was very uncooperative, so much that no X-rays could be taken. She
had been orally administered 20 ccs of Vistaril, a medication to relax young patients. In addition, the plaintiff
was placed on a papoose board, which restrained the entire body, including the head, to prevent any side
movements.
A bite block was also used to keep the mouth open. After performing the cleaning and several pulpotomies, the
high speed hand piece cut the plaintiffÆs face on her left cheek.
The minor plaintiff alleged negligence against the dentist. The mother alleged negligent infliction of emotional
distress.
Settlement Discussions
The plaintiff demanded $90,000, and later made a C.C.P. Section 998 offer to compromise for $60,000 prior to trial. The defendant made a C.C.P. Section 998 offer of $1,000.
Specials in Evidence
$5,000 $2,000
Injuries
The plaintiffÆs left cheek was cut by the defendantÆs high-speed dental drill while the defendant was completing dental treatment. The cut measured 1-2 millimeters deep, 8 millimeters wide and 2 centimeters long. The bleeding stopped after two minutes. However, an unsightly permanent scar remains. The plaintiff estimated that a plastic surgeon could perform corrective surgery to remove the scar without guarantee of complete removal. The plaintiff was initially treated with 13 stitches in the emergency room. The plaintiff was also seen for several months by a clinical psychologist for emotional distress and fears caused by the incident. The plaintiffÆs mother claimed emotional distress.
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