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.