Patricia Sansone v. Yolanda Ziff, D.D.S., et al.
Published: Aug. 30, 1997 | Result Date: Aug. 5, 1997 | Filing Date: Jan. 1, 1900 |Case number: SC019600 c/w SC041080 – $83,431
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Richard J. Wynne
(Hogan Lovells)
Defendant
David M. Hillings
(Clinton & Clinton)
Experts
Plaintiff
Mark A. Yamamoto
(medical)
Defendant
Robert Gary Klein
(Law Offices of Robert G. Klein)
(medical)
Patrick Turley
(medical)
Gary Harmatz
(medical)
Robert Alder
(medical)
Facts
In October 1991, plaintiff Patricia Sansone, a 43-year-old bookkeeper, presented to the office of defendant Yolanda Ziff complaining of a fractured lower left bridge (spanning teeth 18-20). Defendant Dr. Ziff replaced the bridge. After permanent cementation of the bridge, the plaintiff began complaining of an altered bite and severe myofacial pain. She sought consultation with another dentist who recommended replacing the bridge. The plaintiff then began treating with Robert Alder, D.M.D., a pain management specialist, who prescibed a splint to treat her pain. The plaintiff left Dr. Alder's care in March 1992, and began treating with defendant James J. Haljun, D.D.S. She complained to defendant Dr. Haljun of an altered bite since placement of the bridge and he referred her to defendant Craighton Woo, D.D.S., an orthodontist. Defendant Dr. Woo recommended orthodontic treatment to correct the crowding on her lower anterior teeth, but initially instigated splint therapy in an effort to resolve the plaintiff's complaints of pain. Defendant Dr. Woo made four different splints, none of which completely resolved the plaintiff's pain problems. He, therefore, recommended that defendant Dr. Haljun place composite build-ups over both lower posterior bridges in an effort to stabilize the bite. This was a temporary, reversible measure to address the plaintiff's pain complaints and essentially served as a non-removable splint. The plaintiff discontinued treating with Drs. Haljun and Woo and came under the care of Mark Yamamoto, a general dentist in Westminster. Dr. Yamamoto did not utilize splint therapy to address the plaintiff's complaints of pain and instead, began occlusal equilibration. He referred the plaintiff to defendant Victor Diamond, D.D.S. to utilize Crozat appliances to move and align her teeth. The plaintiff also came under the care of defendant osteopath Jane Xenos, who addressed the plaintiff's complaints of facial pain, headaches and neck pain. In 1995, while continuing to treat with Dr. Yamamoto, the plaintiff came under the care of another orthodontist and oral surgeon who performed orthognathic surgery. The surgery did not resolve the plaintiff's complaints of pain. The plaintiff brought this action against the defendants based on a negligence theory of recovery. After the plaintiff rested, she dismissed Dr. Diamond in exchange for a waiver of costs, and Dr. Xenos was granted a nonsuit.
Settlement Discussions
The plaintiff made settlement demands for $25,000 to defendant Ziff, $9,999 to defendant Haljun, $9,999 to defendant Woo, $80,000 to defendant Diamond and $25,000 to defendant Xenos. Defendant Dr. Diamond made a settlement offer of $10,000. The remaining defendants would not consent to settle.
Specials in Evidence
$1,431 $10,000 (In 1996, the plaintiff was laid off from her job as a legal secretary and estimated that she may have lost this amount in lost time from work while attending her numerous dental appointments.)
Injuries
The plaintiff has allegedly suffered unrelenting myofacial pain since October 1991. She claims the continous pain has resulted in headaches, depression, anxiety and a change in personality. The dental treatment has also allegedly resulted in facial changes which affected her acting career.
Other Information
The verdict was reached approximately four years and ten months after the case was filed.
Deliberation
4 days
Length
8 days
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