Rene Hernandez v. Firoz Hakakha
Published: Aug. 6, 2005 | Result Date: Jun. 14, 2005 | Filing Date: Jan. 1, 1900 |Case number: NC035517 Verdict – $0
Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Neil M. Howard
(Law Offices of Neil M. Howard)
Defendant
Experts
Plaintiff
Gregory Kaplan
(medical)
Defendant
John Yagiela
(medical)
Richard G. Boudreau DDS
(medical)
Facts
The plaintiff, Rene Hernandez, was treated on an emergency basis at defendant Firoz Hakakha's dental office on
Feb. 24, 2004, claiming that one of his teeth was extracted because of severe pain. The defendant claimed the
tooth had already been extracted and the plaintiff had dry socket condition. The defendant claimed he
prescribed penicillin to the plaintiff on Feb. 24.
The plaintiff claimed he was not given a prescription for penicillin until he returned on Feb. 28, 2004, because of
continued pain and swelling. On March 3, 2004, the plaintiff had his dry socket repacked. The defendant's
chart notes indicated that the plaintiff lost his prescription and another prescription was given. The plaintiff
claimed he had been taken penicillin since Feb. 28.
The plaintiff went to another dental clinic on March 4 and March 8, 2004, because of increased swelling, a
swollen mass in the sub-mandibular area, and cellulitis of the right arm and fingers. He was hospitalized at
Harbor-UCLA Medical Center, where he remained for two weeks and underwent incision and drainage surgery
for submandibular abscess.
Settlement Discussions
The plaintiff demanded $200,000. The defendant made no offer.
Specials in Evidence
$81,802 $15,000 (future plastic surgery for scar revision)
Injuries
Life-threatening infection and incision and drainage surgery leaving a facial scar.
Deliberation
45 minutes
Poll
12-0
Length
five days
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