Confidential
Settlement – $75,000Court
San Diego Superior
Attorneys
Plaintiff
Daniel M. Hodes
(Hodes Milman LLP)
Defendant
Experts
Plaintiff
Frank Curry
(medical)
Defendant
Ashley Goodman
(medical)
Robert L. Boyd
(medical)
Facts
Over a 12-month period beginning in December 1993, the plaintiff, a 47-year-old resident of Sun Valley, Idaho and personal friend of the defendant, underwent equilibration (i.e., grinding) of numerous teeth at the hands of the defendant orthodontist. The plaintiff had a number of old crowns and amalgams and desired to replace those that needed to be replaced. The defendant equilibrated all 12 of his molars, as well as of his first bicuspids. The plaintiff was later seen by Frank T. Curry, D.D.S., a restorative dentist in Newport Beach. Dr. Curry placed or replaced 17 restorations, 11 of which he testified were in need of replacement because of negligent over-equilibration by the defendant. The plaintiff brought this action against the defendant orthodentist based on negligence and dental malpractice theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $110,000. The defendant made a C.C.P. º998 offer of compromise for $35,000.
Specials in Evidence
$13,000 $90,000 (delay in engaging start up business) $4,500
Injuries
The plaintiff alleged he suffered overgrinding of numerous teeth, requiring eleven restorations and resulting in transient severe sensitivity to heat and cold; masticatory inefficiency, change in diet and weight loss.
Other Information
The settlement was reached approximately four months after the case was filed, on the second day of trial.
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