Gina Soto v. Ligia Blanco, Jong Lee
Published: Aug. 6, 2005 | Result Date: May 12, 2005 | Filing Date: Jan. 1, 1900 |Case number: KC044245 Verdict – $0
Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Defendant
David M. Hillings
(Clinton & Clinton)
Experts
Plaintiff
Allan C. Jones
(medical)
Michael Louis
(medical)
Simona Arcan
(medical)
Defendant
Peter Lam
(medical)
Ahmad Rabie
(medical)
Samuel Poidmore
(medical)
Robert D. Thompson
(medical)
Facts
In April 2002, the plaintiff, Gina Soto, went to the West Covina Family Dentistry office for a cleaning. The
examining dentist, Dr. Ahmad Rabie, recommended that she have all four of her wisdom teeth extracted,
which were fully erupted.
According to the plaintiff, he based this recommendation on his observation that her teeth were not clean. She did
not return to his office and on Dec. 19, 2003, she went to the dental office of the defendant, Ligia Blanco. Dr.
Blanco recommended extraction and claimed that the plaintiff signed a consent form.
The plaintiff returned on Dec. 29, at which time Dr. Blanco started extraction of tooth number one. The plaintiff
claimed that she signed the consent form on Dec. 29 while under drugs in preparation for the extraction, and
not Dec. 19, as Dr. Blanco alleged. During the procedure, the crown broke off and Dr. Blanco stopped
treatment and suggested that the plaintiff be referred to an oral surgeon. Two oral surgeons agreed to see the
plaintiff the following day, but the plaintiff did not want to wait because she was in a great deal of pain. Dr.
Blanco's staff looked in the yellow pages and saw Dr. Jong Lee listed. They called Dr. Lee who agreed to see
the plaintiff that same day.
The plaintiff claimed that she was told that Dr. Lee was an oral surgeon. Dr. Lee extracted the root tip of tooth
number one and plaintiff asked Dr. Lee to extract the remaining teeth. He successfully extracted a second tooth,
but during the third extraction, the root tip broke off. He stopped treatment and recommended that she see an
oral surgeon. At that point, the plaintiff claimed she was shocked to have learned that Dr. Lee was not an oral
surgeon as she was led to believe.
The following day, the plaintiff was seen by an oral surgeon who recommended extracting the root tip of the third
tooth. She elected not to do so at that time and on Jan. 5, 2004, she had the root tip extracted by a different oral
surgeon, who also extracted the last wisdom tooth.
Settlement Discussions
Dr. Lee made a C.C.P. Section 998 offer for $9,999. Dr. Blanco offered to refund her fees of approximately $1,000. Soto demanded $40,000 from Blanco and $60,000 from Lee.
Injuries
TMJ following wisdom teeth extractions.
Deliberation
4.5 hours
Poll
11-1 (Blanco was negligent in referring the plaintiff to co-defendant; Lee was not negligent), 10-2 (Blanco's negligence was not a cause of plaintiff's injury)
Length
five days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390