Facts

On July 24, 2017, plaintiff Joyleen Qu, 12, with her father, Geng Qu, went to defendant Dr. Andre Guerrero at Inland Institute, regarding removal of plaintiff's tooth #59 due to being impacted. On Aug. 8, 2017, defendant Dr. Guerrero performed surgery to extract plaintiff's tooth #59, but Dr. Guerrero extracted tooth #10 (mesiodens) (permanent tooth) instead of tooth #59.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that Dr. Guerrero failed to use the skill and care that a reasonable health care provider would have used in similar circumstances.

Plaintiff claimed lifetime costs for future dental treatment consisting of orthodontics, implants and crowns would be $103,000.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions. Defendant contended that the treatment plan proposed by plaintiff was excessive and unreasonable. The maximum lifetime cost for all treatment was $19,800.

Settlement Discussions

Prior settlement demands by Plaintiff: CCP 998 demands for $349,999 on September 25, 2019 and $249,000 on December 18, 2020. Offer for waiver by defense as no consent to settle by defendant.

Specials in Evidence

Meds: $11,000 non-economic loss (including mental/pain/physical suffering)

Injuries

plaintiff contended she needed orthodontics, implants and crowns at a cost $103,000 to replace tooth 10.

Result

Plaintiff's verdict for $107,800 consisting of $19,800 in future economic loss and $77,000 for future non-economic loss (including mental/pain/physical suffering).

Length

eight days