representativematter

Hollingsworth, Quartnei v. Knowles & (UCDMC)

Sacramento Superior Court, 16 days, May 1997. Dental reconstruction surgery on mentally retarded child as a result of “bottle mouth carries”. Primary allegation was first that the extraction of 18 of the child’s 24 teeth was not dentally necessary, and second, that plaintiff’s mother was not adequately consulted concerning the extensive nature of the extractions, before they were actually done. Defendant admitted that an inadequate advisement had been given the mother as to the number of extractions that were done, but contended that those extractions were medically necessary. As before, 18 of the child’s 24 deciduous teeth were removed, allegedly resulting in need for orthodonture to retain spacing of her teeth pending eruption of the child’s permanent teeth some 3 to 4 years hence. Additional claimed pain and suffering due to extractions themselves, and alleged effect upon child’s appearance and self-image. Plaintiff requested $400,000.00 from the jury. Last demand, $250,000.00. Offer – none. Plaintiff’s verdict for $1,325.00. Motion for new trial on the basis of inadequacy of damages denied. No appeal.