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Personal Injury (Non-Vehicular)
Professional Negligence
Dental Malpractice

Patricia Brady v. Alan Moffson, D.M.D.

Published: Feb. 20, 1999 | Result Date: Sep. 18, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 710222 –  $406,785

Judge

Thomas C. Murphy

Court

San Diego Superior


Attorneys

Plaintiff

Deborah A. Wolfe


Defendant

David G. Brown


Experts

Plaintiff

Peter K. Moy
(medical)

Defendant

Stephen L. Wheeler
(medical)

Facts

Plaintiff Patricia Brady, a 39-year-old swimwear designer, consulted the defendant, Dr. Alan Moffson, about a failed lower right bridge and the possibility of implant placement. Dr. Moffson failed to advise the plaintiff about the risks of such treatment, failed to develop a complete treatment plan, failed to communicate with the restorative dentist about implant placement prior to such placement, and failed to advise the plaintiff of and adequately treat a bone infection which ultimately resulted in the loss of the implants defendant had placed in both the lower right and lower left jaw. The plaintiff brought this action against the defendant based on dental malpractice.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $275,000. The defendant made a C.C.P. º998 offer of compromise for $75,000 plus $7,225 refund.

Specials in Evidence

in excess of $67,000 $500,000 $25,000

Injuries

Failure of multiple dental implants and bone infection resulting in bone loss and the need for further reconstructive and restorative surgery.

Other Information

The verdict was reached approximately one year and 4.5 months after the case was filed. A settlement conference was held on April 27, 1998, before Hon. Wayne Peterson of San Diego Superior Court, resutling in no settlement.

Deliberation

2+ days

Poll

10-2

Length

six days


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