Wubtaye Bayu v. Suzanne Khalili
Published: May 10, 2005 | Result Date: Apr. 11, 2005 | Filing Date: Jan. 1, 1900 |Case number: BC312157 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Philip Falese
(Law Offices of Philip Falese)
Defendant
David M. Hillings
(Clinton & Clinton)
Facts
On Dec. 8, 2003, the plaintiff, a 61-year-old retired/disabled accountant presented to the defendant's Los Angeles dental office complaining of pain in his wisdom teeth due to food impaction and headaches. The defendant took x-rays and performed an examination and determined that the plaintiff needed a deep scaling and cleaning. The large embrasures between his second and third molars acted as a food trap and the defendant recommended extraction of all four wisdom teeth. Due to the plaintiff's poor health and the fact that he had diabetes and arthritis, he was given a medical clearance form to take to his physician to sign off that the defendant could proceed with the extractions. The plaintiff returned to the defendant's office on Jan. 20, 2004 at which time the defendant performed the deep cleaning and extracted the wisdom teeth uneventfully. The teeth were fully erupted and the extractions were simple. The following day, the plaintiff presented for his post-op visit and was complaining of some pain in the lower jaw. Healing was within the normal limits and the plaintiff was advised to return if he had any continued discomfort. He was not seen again.
Settlement Discussions
The plaintiff made a demand of $100,000; there were no offers.
Injuries
Emotional distress.
Deliberation
45 minutes
Poll
12-0
Length
2.5 days
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