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Dental Malpractice

Thomas G. Wianecki (Senior Partner/Irvine Office) has recently accomplished back-to-back defense verdicts in two unusual and dangerous dental malpractice trials.

In Alvarez v. Roisman our client was an endodontist who specialized in root canal therapy. Following a successful root canal procedure on tooth #19, the patient inadvertently rinsed with sodium hypochlorite (bleach). She alleged professional negligence and substantial injury as a result of the incident. Nina Alvarez was age 46. She claimed being unable to taste, having a dry tongue, experiencing pain, feeling a burning sensation, being unable to eat any foods with salt, pepper, or spice, and unable to drink citrus, soda, and/or alcohol.

The jury was informed that from the incident in 2002 to trial in 2006, Ms. Alvarez had gained 35 pounds. This weight gain was inconsistent with her alleged loss of taste and dietary restrictions. Likewise, plaintiff's expert witness was badly discredited. A photograph of the patient's tongue supposedly taken by plaintiff's expert was not in fact the patient's tongue. (It lacked a "lighting strike" fissure evident on all other photographs taken post-accident.) This matter was tried in Pasadena. Plaintiff asked for $700,000. Mr. Wianecki obtained a defense verdict.

Maclyman v. Firestone was a complex orthodontic malpractice case. The patient was in braces for twelve years and underwent three major orthognathic operations. Our client was a clinic orthodontist who was treating the patient as the first surgery collapsed into crossbite. A central issue was the nature of the relapse. Was it surgical? Or orthognathic? The case was won on that point. Surgical relapse is only correctable by surgery. The oral surgeon that operated all three times was not sued. He, however, was found 35% responsible for the many years of pain and suffering experienced by the patient. This matter was tried in Norwalk. The gross verdict amount was $345,000 against the co-defendants except for Mr. Wianecki's client who obtained a defense verdict.

Thomas G. Wianecki (Senior Partner/Irvine Office) received another defense verdict on May 9, 2005 in a Dental Malpractice case where a 30-year-old woman claimed 8 crowns were defective and that periodontal problems and TMJ had resulted from the poor fit of the crowns. Defense argued that all the crowns were and are within the standard of care and that the patient approved the size, shape, and color of crowns before permanent cementation. The jury came back after deliberating for just under 3 hours with a verdict for the defense.

In February 2005, before a Norwalk jury, Thomas G. Wianecki (Senior Partner/Irvine Office) defended an admitted liability action where an oral surgeon mistakenly gave an elderly patient penicillin. Allegations of resultant congestive heart failure and severe allergic reaction were made. These claims were defeated and a defense verdict was achieved.

Thomas G. Wianecki (Senior Partner/Irvine Office)  Adjnassian v. Reihani: Trial in L.A. Superior, Central, Dept. 48, Judge Morris B. Jones; dental malpractice; separated endodontic file during root canal procedure; demand before trial: $75,000 plus punitive damages - $0 offer; resulted in a defense verdict.