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CONFIDENTIAL

Mar. 21, 2004

Personal Injury
Medical Malpractice
Dental Negligence

Confidential

Settlement –  $37,500

Judge

John P. Doyle

Court

L.A. Superior Lancaster


Attorneys

Plaintiff

Herbert H. Hiestand Jr.

Frank G. Michelizzi


Defendant

James C. Galloway Jr.


Facts

The Rossendo Avila, 63, underwent dental treatment, beginning Sep. 7, 2000 from the defendant Francisco D. Fores, D.M.D., including a dental implant on tooth No. 31, together with Pontic (false tooth) on tooth No. 30, with an attached bridge connecting both teeth to teeth Nos. 28 and 29. Following drilling of the metal implant into the mandible at the location of tooth No. 31, the plaintiff noticed numbness the following day along the distribution of the inferior alveolar nerve. The plaintiff complained several days later to the doctor that he was still experiencing numbness. The plaintiff continued to complain over the next several months that the numbness had never resolved. The numbness was in the plaintiff's lower right lip and chin and continues to the present date.

Settlement Discussions

A mediation was held in March 2003 which narrowed the issues but did not result in a settlement. The action was settled for $37,500.

Specials in Evidence

$1,000 (dental bills)


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