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Personal Injury (Non-Vehicular)
Professional Negligence
Dental Malpractice

Steven Curtis v. Joel Berger

Published: Nov. 16, 2000 | Result Date: Jun. 18, 2000 |

Case number: 735102 Verdict –  $0

Judge

Frederick L. Link

Court

San Diego Superior


Attorneys

Plaintiff

Joseph T. Kutyla
(Joseph T. Kutyla, Esq.)


Defendant

Robert W. Harrison
(Wilson, Elser, Moskowitz, Edelman & Dicker)


Facts

The plaintiff, age 80, alleged that during the course of placing dental implants, the defendant negligently dropped
a piece of dental hardware, a transfer coping screw, which the plaintiff swallowed.
The plaintiff alleged that the defendant dentist concealed the fact that the patient may have swallowed or
inhaled a piece of dental hardware. The plaintiff subsequently suffered a perforated colon, requiring
hospitalization.
The plaintiff claimed that Dr. Berger dropped a screw down in his throat causing a rupture of his colon,
requiring emergency surgery and extended hospitalization and rehabilitation.

Settlement Discussions

The plaintiff made no demand. The plaintiff's pretrial demand was $249,999. The defendant made a C.C.P. Section 998 offer of waiver of costs.

Injuries

The plaintiff claimed perforated colon, requiring to wear a colostomy and related hospitalization.

Other Information

The plaintiff has filed a motion for new trial.

Deliberation

three hours

Poll

11-1

Length

five days


#126880

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