This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Feb. 2, 2002

Personal Injury (Non-Vehicular)
Professional Negligence
Dental Malpractice

Confidential

Settlement –  $9,900

Judge

Mark J. Litwak

Court

Ventura Superior


Attorneys

Plaintiff

David Ellison


Defendant

Steven M. Maslauski
(Prindle, Goetz, Barnes & Reinholtz LLP)


Experts

Plaintiff

Page Hudson
(medical)

Defendant

Jeffrey A. Cohen
(Law Office of Jeffrey A Cohen) (medical)

Facts

In October 1996, the plaintiff first commenced orthodontia treatment with defendant orthodontist. During the
defendantÆs treatment, the plaintiff suffered from significant decay and decalcification in his top front teeth. In
February 2000, the plaintiffÆs mother, took him to another dentist and began to undergo dental care for the
severely decayed teeth, which included a root canal treatment.
The plaintiff contended that the defendant fell below the standard of care.
The defendant contended that he satisfied the standard of care.

Settlement Discussions

The plaintiff demanded $35,000 at the mandatory settlement conference. Ten days prior to the first trial date, the plaintiff submitted a C.C.P. Section 998 demand of $10,000. Ultimately, the parties settled for $9,900.

Injuries

The plaintiff suffered decayed and decalcified teeth, a need for root canal treatment, a lengthened treatment period for orthodontia and pain and suffering.


#90409

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390