Facts

Edik Abgaryan filed a medical malpractice action against Dr. Kyork Dabbagh D.D.S. in relation to the extraction of his upper teeth and the placement of seven implants.

PLAINTIFF'S CONTENTIONS: Abgaryan claimed he initially sought to have a fixed prosthesis for his upper jaw, and Dabbagh placed the implants in Abgaryan's upper jaw one week later. Abgaryan alleged the implants did not serve any function because they would not permit a fixed or removable prosthesis, and Abgaryan asserted causes of action for negligence and dental malpractice. Specifically, Abgaryan claimed Dabbagh did not have a coherent treatment plan and did not utilize a CT scan that was taken prior to the placement of the implants, which resulted in the implants being placed too closely together at poor angles such that the prosthesis could not be accommodated.

DEFENDANT'S CONTENTIONS: Dabbagh claimed his treatment of Abgaryan met the standard of care and that he did not injure or damage Abgaryan in any way. Further, Dabbagh claimed Abgaryan unreasonably abandoned the treatment plan before proper work could be performed and did not mitigate damages.

Settlement Discussions

Plaintiff made a CCP 998 demand for $174,999.99. Defendant made no offer.

Damages

Abgaryan sought damages compensating for the one year period necessary for removal of the implants and placement of new implants that would accommodate a fixed prosthesis. Additionally, Abgaryan sought emotional distress damages.

Injuries

Abgaryan still had the implants placed in his upper jaw and lacked a prosthesis, so he had no teeth with which to chew.

Result

The arbitrator awarded Abgaryan $175,000 in total, with $150,000 of that sum compensating for non-economic damages, and $25,000 of that sum compensating for economic damages.