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Personal Injury
Dental Malpractice
Negligent Treatment

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

John F. Herlihy

Court

Santa Clara Superior


Attorneys

Plaintiff

Maryanne Z. Murphy

Patrick August


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


#79921

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