Sandra and Shawn Kaye v. William Beazley, D.D.S. and Schuyler Joyner, D.D.S.
Published: Apr. 19, 1997 | Result Date: Jan. 31, 1997 | Filing Date: Jan. 1, 1900 |Case number: NWC035963 – $0
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
C. Duffy Buchanan
(C. Duffy Buchanan PC)
Defendant
Experts
Plaintiff
Thumper Bloomquist
(medical)
Karen Smith
(technical)
Steven Curtis
(medical)
Jeffrey Tittlefitz
(technical)
Defendant
Ronald Barbanell
(medical)
James Loos
(medical)
John J. Lytle
(medical)
Facts
In 1985, plaintiff Sandra Kaye, a 35-year-old data entry clerk, consulted with defendant William Beazley, D.D.S. regarding orthodontic correction of a Class II Division I malocclusion and upper anterior crowding. The plaintiff had considered having braces since her 20s and was interested in plastic braces. On Sept. 14, 1985, the plaintiff began orthodontic treatment. The plaintiff had no prior history of TMJ complaints. The plaintiff was told to visit her general dentist twice a year, was shown on videotape describing oral hygiene responsibilities for orthodontics, and signed an informed consent. On Jan. 20, 1987, the plaintiff complained to defendant Dr. Beazley that her facial profile and lip posture had changed with an exaggerated overbite. On March 23, 1987, the defendant decided to change the plaintiff's upper anterior braces from plastic to metal. On April 8, 1987, metal braces were placed on the front teeth and a new archwire was placed. While in Las Vegas on April 11, 1987, the plaintiff developed a headache and facial discomfort in her forehead, for which she visited the emergency room. She was discharged with a prescription for Percocet (not taken) and directions to see her orthodontist. Defendant Dr. Beazley, removed the archwires on April 13, 1987, and referred the plaintiff to an oral surgeon. The plaintiff did not return to Dr. Beazley. Thereafter, the plaintiff claimed she developed multiple physical complaints. During the next eight years, the plaintiff was allegedly unable to obtain orthodontic treatment. She claimed that no one wanted to touch her. The plaintiff consulted with orthodontist Steven Curtis, D.M.D. in New Jersey who advised her that she had been mutilated by defendant Beazley and that the defendant's use of registered dental assistants in her treatment was improper. The plaintiffs, the patient and her son, brought this action against the defendant orthodontists based on negligence and dental malpractice theories of recovery. (The plaintiff claimed Dr. Joyner approved and ratified Dr. Beazley's allegedly negligent treatment plan.)
Settlement Discussions
The plaintiffs made a settlement demand for $1.2 million in 1992, followed by a $100,000 settlement demand by plaintiff Sandra Kaye in 1996. In 1996, the defendants made a settlement offer of $9,999.
Specials in Evidence
$24,000 $163,000 $239,000 (present value) $145,000
Damages
The plaintiff asked the jury for $750,000 in damages.
Injuries
The plaintiff patient alleged she suffered numbness in her chin, lip and tongue, temporomandibular joint dysfunction, headaches, neck and back pain, gum disease, and a profile change due to an exaggerated overbite with a receded chin. The plaintiff patient also alleged she sustained bilateral damage to temporomandibular joints, decalcification, and a change in profile, resulting in her completely disability employment.
Other Information
The verdict was reached approximately eight years and eight months after the case was filed. Plaintiff Shawn Kaye dismissed his claim for a waiver of costs the day before trial. Defendant Joyner was granted a nonsuit after evidence offered by the plaintiff's expert was excluded as to Dr. Joyner.
Deliberation
7 hours
Poll
11-1
Length
10 days
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