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CONFIDENTIAL

May 18, 2000

Personal Injury (Non-Vehicular)
Professional Negligence
Dental Malpractice

Confidential

Settlement –  $92,696

Court

Confidential


Attorneys

Plaintiff

Michael M. Berger
(Manatt, Phelps & Phillips LLP )


Facts

In October 1996, plaintiff tripped and fell down a flight of stairs. She hit her mouth on the floor and was taken to
the emergency room where she was treated for bruises and cuts. The plaintiff was referred to the defendant
dentist due to some loose teeth secondary to the fall.
Upon arriving at defendantÆs office, plaintiff was provided bite blocks. The teeth were not splint so that they
could heal back into their proper anatomical positions.
After three weeks, plaintiff returned to defendantÆs office where she was informed that she would require root
canal therapy on her injured teeth. Upon awakening from the procedure, plaintiff discovered that defendant
removed three of her lower anterior teeth and shortly thereafter placed a permanent lower bridge.
The plaintiff continued to treat with the defendant for the next ten months due to continuing pain and
movement of both her lower and upper teeth. Upon locating a new dentist, plaintiff was informed that all of the
work which the defendant had provided needed to be redone.

Injuries

Loss of three teeth and the necessity of an additional $15,000 in future dental procedures to correct plaintiff's complaint of pain and discomfort.

Other Information

The jury award was $96,400. However, the jury found plaintiff 10 percent comparatively negligent. As the prevailing party, plaintiff was entitled to approximately $6,000 in costs which brings the total settlement after the verdict to $92,696.44. In order to avoid any appeals, plaintiff agreed to settle the matter for the verdict plus costs.


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