Facts

The plaintiff was born in 1972. The plaintiff sought orthodontic and general dentistry from Firestone Dental Group in South Gate in 1992. She did not have the funds at that time to initiate treatment. She returned, however, in 1994 when orthodontic treatment began.

She was in braces from 1994 to 2006. Defendant Ted Benaderet was the orthodontist at Firestone from 1996-2000. The plaintiff had orthognathic surgery at Hoag Hospital on July 11, 2000. Dr. Gary Wyatt was the oral surgeon. Dr. Ronald Greenspan became the orthodontist at Firestone Dental on Nov. 1, 2000. He remained until May 2001. The first surgery failed with a cross bite on the right side.

From May to July 2001, Dr. Eugene Elvin became the new orthodontist. The plaintiff stopped going to Firestone Dental in May 2001. Dr. Elvin retired in 2002. Dr. Todd Walker bought Dr. Elvin's practice and took over the plaintiff's care.

On Dec. 10, 2002, the plaintiff had a second orthognathic surgery, again by Dr. Gary Wyatt. That surgery also failed.

On Nov. 2, 2005, a third orthognathic surgery was performed by Dr. Gary Wyatt, this time successfully. The plaintiff was taken out of braces in March 2006.

PLAINTIFF'S CONTENTIONS:
As to Firestone Dental Group, the plaintiff contended that the plaintiff was too long in braces; that there was no continuity of care (five different orthodontists in two years); that an illegal dentistry was allowed by a non-dentist (who was plaintiff's cousin); that the plaintiff went from a non-surgical case (3 mm overjet) to a surgical case (10 mm overjet) while under treatment from 1994 to 1996; that no orthodontist was on staff in crucial time following the first surgery to Nov. 1, 2000 (Dr. Greenspan's first day); and uncontrolled orthodontic condition after splint removed and before bone healing.

As to Dr. Greenspan, the plaintiff contended that Dr. Greenspan failed to deploy cross bite elastics to avoid orthodontic relapse following the first surgery; that Dr. Greenspan placed continuous arch wire which was too light and flexible; that Dr. Greenspan failed to stabilize upper arch after the surgery; and that he failed to chart cross bite from onset.

As to Dr. Benaderet, the plaintiff contended that Dr. Benaderet had four years of failed orthodontic care; that Dr. Benaderet had inadequate communication with oral surgeon concerning first surgery, before and after; and that Dr. Benaderet failed to insert continuous arch wire after first surgery.

DEFENDANTS' CONTENTIONS:
Firestone Dental Group contended that the plaintiff had a difficult case from the onset; there was no malpractice by any orthodontist; the plaintiff had multiple missed appointments and broken appliances which delayed treatment; Dr. Benaderet was on staff in crucial months following first surgery; and that orthodontists at Firestone were independent contractors.

Dr. Greenspan contended that the first surgery failed due to surgical relapse; that cross bite elastics were not able to correct the failure of the first surgery; that he referred the plaintiff to Dr. Elvin for a second opinion concerned about the length of time braces were on, got Dr. Benaderet to remove the braces so that the plaintiff could see a periodontist; and that he was only on the plaintiff's case for seven months (November 2000 to May 2001).

The defendants contended that Dr. Wyatt was responsible for two failed surgeries, that the plaintiff was not ready in 2000 or 2002; that Dr. Wyatt failed to communicate with orthodontist Dr. Benaderet; that Dr. Wyatt failed to take AP ceph immediately after first surgery to measure the transverse distance of the upper arch, which was expanded surgically; that no objective evidence exists showing that first surgery failed due to orthodontic treatment; and that Dr. Wyatt failed to listen to recommendation of Dr. Walkow advising against second surgery.

Dr. Benaderet contended that the length of treatment was due to factors beyond his control; he was unable to place an upper arch wire after the first surgent due to severe swelling and limited opening; and the cross bite developed well after he stopped treating the plaintiff.

Damages

The plaintiff claimed economic loss of $12,885 out-of-pocket or monies owed; $43,750 for future dental expenses; $21,733 in wage loss.

Injuries

The plaintiff suffered three surgeries, all in-patient hospital procedures; "wired" shut for seven weeks after each operation; pins, wires, screws, plates, and implants was placed in the plaintiff's mouth and jaws; 12 years in braces causing generalized bone loss; and tooth number 31 was lost due to periodontal concerns.

Result

Defense as to Dr. Greenspan. As to other claims: Economic: $13,203 wage loss; $21,885 past dental expenses; $43,750 future dental expenses. Non-economic: $166,000 past pain and suffering; $100,000 future pain and suffering.

Other Information

The jury found the plaintiff five percent at fault; Firestone Dental Group, 30 percent; Dr. Greenspan, 0 percent; Dr. Benaderet, 30 percent; and Dr. Wyatt, 35 percent.

Deliberation

three days

Poll

9-3 (defense as to Dr. Greenspan), 12-0 (as to Dr. Benaderet), 11-1 (as to Firestone Dental Group)

Length

12 days