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Personal Injury
Dental Malpractice
Lack of Informed Consent

Thomas Delp v. David Gale Moody, D.D.S.

Published: Jan. 1, 1999 | Result Date: Nov. 9, 1998 | Filing Date: Jan. 1, 1900 |

Case number: PC018884 Verdict –  $894,305

Judge

Howard J. Schwab

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Steven B. Effres
(Effres & Associates)


Defendant

Gerald A. Edelstein


Experts

Plaintiff

Victor W. Mintz
(medical)

George W. Bernard
(medical)

Defendant

John J. Lytle
(medical)

Facts

On Feb. 9, 1996, plaintiff Thomas Delp, a 32-year-old courier, had his lower right wisdom tooth removed by defendant Dr. David Moody, a dentist. After the removal, the plaintiff suffered numbness and burning pain to the front two-thirds of the right side of his tongue and taste alteration. The plaintiff brought this action against the defendant based on professional negligence and lack of informed consent theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $250,000. The defendant made no offer.

Specials in Evidence

$145 $1,000 $1,000

Injuries

The plaintiff alleged permanent numbness and taste alteration to the front two-thirds of the right side of the tongue and pain to that area which may be lessened by future surgery to completely sever the nerve further back in it's pathway.

Other Information

The verdict was reached approximately one year and nine months after the case was filed.

Deliberation

3½ hours

Poll

12-0

Length

two weeks


#89870

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