Facts

Irene Carlson sued her dentist, Grey Cunningham, following a dental procedure.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant performed a bone grafting of her upper jaw, and presented at a follow-up evaluation six days later. During the follow-up, plaintiff complained of discomfort. Defendant attributed the discomfort to normal healing process. Plaintiff returned the next day, still complaining if discomfort. Again, defendant claimed it was normal. However, defendant did notice some "herpetic lesions." One week later, plaintiff returned. During that visit, plaintiff alleged that defendant noticed the presence of pus, which defendant again concluded was "normal" and prescribed antibiotics. Plaintiff then saw a periodontist defendant referred her to. The periodontist also claimed plaintiff was healing normally. However, her pain persisted so plaintiff decided to go to an oral surgeon not referred by defendant. The surgeon diagnosed her with an infection and ordered immediate debridement. Plaintiff alleged that defendant's failure to adequately treat her infection constituted dental malpractice. As such, she sued defendant for negligence. Plaintiff argued that had defendant properly diagnosed her infection, the complications and subsequent procedure would not have been necessary.

DEFENDANT'S CONTENTIONS:
Defendant maintained that he did not deviate from the standard of care, and that he rendered appropriate treatment.

Settlement Discussions

Carlson made a CCP 998 demand of $199,000, which Cunningham countered with a CCP 998 offer of $75,000.

Damages

Carlson claimed she would need gum grafting in the future. As such, she requested $86,000 in past dental expenses and $15,000 in future dental costs. She also requested $280,000 for past pain and suffering and $200,000 in future pain and suffering.

Injuries

Carlson underwent a debridement and a revision due to the infection.

Result

The jury found in Carlson's favor and awarded her $55,500 in damages, which included $50,000 in past pain and suffering and $5,000 in future pain and suffering.

Other Information

This was a MICRA restricted case where the jury was told of health insurance paying medical so medical expenses were not awarded. Plaintiff brought a motion for additur or a conditional new trial, which was denied by the court on January 5, 2015. FILING DATE: Jan. 18, 2013.

Deliberation

two days

Length

four days