David Shepps v. Farzan Alami-Rad, D.D.S.
Published: May 2, 1998 | Result Date: Feb. 26, 1998 | Filing Date: Jan. 1, 1900 |Case number: 704938 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Ronald Evasic
(medical)
Defendant
Daniel Hiser, M.D.
(medical)
Grey Cunningham
(medical)
Facts
On July 20, 1995, plaintiff David Shepps, age 50, first saw defendant Dr. Farzan Alami-Rad, a dentist, for a root canal on tooth No. 3 and replacement of the bridge on teeth Nos. 20 through 22. Rad agreed to use carbocaine, an anesthetic which does not contain epinephrine, as requested by the plaintiff. On July 28, 1995, Rad did the root canal on tooth No. 3. During the procedure, Rad gave the plaintiff three injections of anesthetic. The plaintiff admitted the first two injections were carbocaine, but claimed the third injection was an anesthetic containing epinephrine. The defendant contended he used carbocaine, for the third injection. The plaintiff also contended defendant negligently broke a file in tooth No. 30 during the root canal and failed to replace the bridge. Dr. Rad denied all liability. The plaintiff brought this action against the defendant based on a dental malpractice theory of recovery.
Settlement Discussions
The defendant made a C.C.P. º998 offer for a waiver of costs.
Specials in Evidence
$____________ $____________ $____________ $____________
Damages
The plaintiff asked the jury to award $73,000 per year for the rest of his life. Economic damages were precluded after directed verdict by the defense. Damages were limited to general pain, suffering and emotional distress.
Injuries
The plaintiff alleged psychological damage, requiring future psychological care.
Other Information
The verdict was reached approximately one year after the case was filed.
Deliberation
3½ hours
Poll
11-1 (negligence); 12-0 (battery)
Length
five days
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