Dental crowns cause pain for plaintiff. $149K arb award.

Summary

Plaintiff sought dental treatment from defendant dentist to improve the aesthetics of her front teeth.

The Case

  • Case Name: Nguyen v. Ace Dental
  • Date of Verdict or Judgment: Wednesday, January 03, 2024
  • Type of Case: Dental Malpractice
  • Judge or Arbitrator(s): Jay Cordell Horton
  • Plaintiffs:
    Tuy Nguyen
  • Defendants:
    Richard A. Hoang, D.D.S.
    Richard A. Hoang, D.D.S., Inc., a California Corporation dba ACE Dental
  • Type of Result: Arbitration Award

The Result

  • Gross Verdict or Award: $149,000
  • Net Verdict or Award: $153,572 including CCP 998 interest

The Attorneys

  • Attorney for the Plaintiff:

    Ikuta Hemesath LLP by Benjamin T. Ikuta and Vanessa N. Raven, Santa Ana.

  • Attorney for the Defendant:

    Ray, Aloia & Conley, LLP by Ted D. Conley, Fountain Valley.

The Experts

  • Plaintiff’s Medical Expert(s):

    David Eggleston, D.D.S.

  • Defendant's Medical Expert(s):

    Mark Exler, D.D.S.

Facts and Background

  • Facts and Background:

    Plaintiff, a 71-year-old Vietnamese immigrant, sought dental treatment from defendant dentist to improve the aesthetics of her front teeth. Defendant recommended and placed crowns on 12 of plaintiff's teeth (six upper and six lower). Despite approval processes, plaintiff later experienced significant discomfort and complications, leading her to seek further treatment and corrections from other dentists.

  • Plaintiff's Contentions:

    That the crowns were improperly fitted, causing pain, discomfort, and requiring additional corrective treatments. Further, that the procedure was not only unnecessary for her condition, but also executed poorly, leading to further dental issues.

  • Defendant's Contentions:

    Dr. Hoang defended the care provided, stating the treatment was appropriate for the aesthetic improvements desired by plaintiff. He contended that all procedures were performed with proper consent and that plaintiff had initially expressed satisfaction with the outcomes.  He also contended that he agreed to see plaintiff to evaluate/treat her later complaints, but she refused and left his care before he could complete a reasonable follow-up with her.

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff:

    Pain, inability to chew, and sleep disturbances until the teeth were adjusted by a subsequent dentist a few weeks later. 

     

Demands and Offers

  • Plaintiff §998 Demand: $125,000

Additional Notes

The best offer from the defense before arbitration was $0. On the fourth and final day of the arbitration, the defense offered $9,999.