Wayne Blackwell v. Roy G. Hurst, DDS
Published: Dec. 3, 1994 | Result Date: Nov. 10, 1994 | Filing Date: Jan. 1, 1900 |Case number: 139970 – $0
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Barry C. Snyder
(Snyder Burnett Egerer LLP)
Experts
Plaintiff
Neil Millikin
(medical)
Defendant
Francis Johnson
(medical)
Facts
Marie Blackwell, a 66-year-old retiree, was a dental patient of prosthodontist Roy G. Hurst, DDS, the Defendant. Marie was a diagnosed schizophrenic with multiple and severe spinal problems including stenosis, previous cervical fusions at 2 levels, and diagnosis of cervical herniations at 3 other locations. She also had, as a result of psychotrophic medications, involuntary movements of her lower jaw, cheeks, and tongue, coupled with a TMJ problem. Dr. Hurst was treating Marie for the TMJ problem with a full-mouth reconstruction involving placement of approximately 22 crowns. The crowns had been seated provisionally on October 12, 1992. Marie was seen on October 16, 1992, because one of the crowns had become detached. She had just been released after being hospitalized for an overuse of medications and pneumonia. When she was seen in the office, she reported that she was "wobbly" and seemed tired and groggy, according to chart notes. The crown was permanently cemented with no problems. In seating the crown, Dr. Hurst noticed that the adjacent crown appeared to be loose and attempted to remove it for permanent cementation to avoid swallowing or aspiration. In removing the crown, Dr. Hurst dropped the crown to Marie's tongue. She was unable to respond to commands to move the crown forward. Dr. Hurst was unable to remove the crown in one try with forceps. Marie was immediately raised up and asked to cough. The crown could not be located, and Marie was taken to a local hospital where X rays showed the crown in her lung. Two subsequent bronchoscopies pushed the crown further down into the lobe. Plaintiff ultimately developed an absess and was admitted for a lobectomy. Following the surgery, she did not improve sufficiently to leave the hospital, developed pulmonary edema, and died April 17, 1993. Plaintiff was the decedent's surviving spouse.
Settlement Discussions
Defendant contends he made a 998 offer of $2,999 and Plaintiff made a 998 demand of $150,000.
Specials in Evidence
$169,000
Damages
Additional funeral expenses of $1,750 were claimed. No specific award was requested by the Plaintiff's attorney or suggested by Defendant's attorney.
Injuries
Death of spouse and accompanying loss of consortium to Plaintiff, a 72-year-old widow.
Deliberation
5.5 hours
Poll
10-2
Length
4 days
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