Graciela Barron v. Behzad Shirazi, D.D.S.
Published: May 17, 1997 | Result Date: Nov. 25, 1996 | Filing Date: Jan. 1, 1900 |Case number: VC019293 – $0
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
George T. Kelly
(Law Offices of George T. Kelly)
Defendant
N. Denise Taylor
(Taylor DeMarco LLP)
Experts
Plaintiff
Paul Kalish
(medical)
Anita Newman
(medical)
Lawrence J. Kashar Ph.D.
(technical)
Defendant
Gary Harmatz
(medical)
Donald Leake
(medical)
Facts
On Oct. 12, 1994, plaintiff Graciela Barron, a 49-year-old unemployed woman, presented to defendant Behzad Shirazi, D.D.S. for full-mouth restorative work. During the course of a right mandibular block, a long 27-gauge Excel needle broke off in the plaintiff's cheek. After x-rays confirmed the presence of the needle, the defendant referred the plaintiff to an oral surgeon for removal. Attempts at removal of the needle under local anesthesia by the oral surgeon were unsuccessful. The plaintiff went to another oral surgeon that same day, who recommended surgery under general anesthesia after three days after the swelling went down. The plaintiff then went to Cedars-Sinai Medical Center and was evaluated by an ENT surgeon, who also recommended waiting three days for removal. The plaintiff was subsequently seen at UCLA Medical Center, and had the needle removed under general anesthesia four days after the incident. The plaintiff brought this action against the defendant based on dental malpractice and negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $50,000. The defendant made a C.C.P. º998 offer of compromise for $9,999.
Specials in Evidence
less than $1,000 (unreimbursed)
Injuries
The plaintiff claimed she suffered trismus for approximately one month. The plaintiff also claimed she has suffered TMJ symptoms to the present and has had and difficulty eating because her teeth being worked on at the time the needle broke were not temporized.
Other Information
The verdict was reached approximately one year and six months after the case was filed. The plaintiff settled with various co-defendants before trial for $7,000.
Deliberation
1+ hours
Poll
10-2
Length
5 days
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