Helen D. Kelly v. Lawrence A. Puccinelli, D.M.D.
Published: May 9, 1998 | Result Date: Nov. 2, 1997 | Filing Date: Jan. 1, 1900 |Case number: 747535 Verdict – $0
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Ronald P. Goldman
(The Goldman Law Firm)
Experts
Plaintiff
Peter Katona
(medical)
Jerome R. Gutterman
(medical)
Jean Laumeyer
(medical)
Richard Swarts
(technical)
Robert A. Allen
(medical)
Charles S. Syers
(medical)
Defendant
William Mussone
(medical)
Lowell S. Young
(medical)
John Fielder
(medical)
Ronald D. Crone
(technical)
M. Anthony Pogrel
(medical)
Facts
On Nov. 29, 1993, plaintiff Helen Kelly, a 54-year-old massage therapist, underwent root canal therapy on tooth No. 18 performed by defendant dentist, Dr. Lawrence Puccinelli. Subsequently, the plaintiff developed osteomyelitis, resulting in mandibular bone loss and a fractured jaw, requiring surgical debridement and multiple intravenous antibiotic therapy sessions. The plaintiff brought this action against the defendant based on dental malpractice and negligence theories of recovery.
Settlement Discussions
Per the defendant, the plaintiff made a C.C.P. º998 settlement demand for $250,000 and the defendant made a C.C.P. º998 offer of compromise for $9,999, raised to $40,000. Per plaintiff, the defendant offered $25,000.
Specials in Evidence
$25,000 $90,000
Injuries
The plaintiff alleged bone loss in the left mandible, a fractured mandible, and the loss of three teeth. She claimed residual future mandibular treatment and the need for I.V. antibiotic therapy.
Other Information
The verdict was reached approximately 2+ years after the case was filed. ARBITRATION: An arbitration was held on Dec. 4, 1996, before John Tyndall, III of Tyndall & Cahners, resulting in a defense award. POST TRIAL MOTIONS: A motion for a new trial was denied. The defendant's cost bill of $52,000 was granted.
Deliberation
3½ hours
Poll
12-0
Length
14 days
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