Kathleen Uhlig, by and through her next friend and parent, Sharon Uhlig v. McAroy, D.D.S. and Gardner, D.D.S.
Docket Number: 06CV7671
Judge: The Honorable Kevin P. Moriarty, Div 14
Defendant's Attorney (McAroy): Richard T. Merker, Wallace, Saunders, Austin, Brown & Enochs
Type of Claim: Dental Malpractice and Battery
Facts: Plaintiff, Kathleen Uhlig, female age 15, had received sealants on 16 teeth in August 2003 and 7 sealants in October, 2004. The procedures were done by Defendant Gardner. Plaintiff claimed all failed causing 22 cavaties to form. Plaintiff claimed Defendant Gardner was negligent in applying the sealants and failed to monitor the seals which led to the formation of cavaties. Defendant claimed she performed the procedures appropriately and the failures were due to changes in bite due to braces, clenching, mastication, occlusion and other factors not caused by Defendant. In November, 2005 Plaintiff then saw Defendant McAroy who removed all the sealants and filled 22 cavaties. Plaintiff's mother claimed she had a written agreement authorizing the filling of only 4 cavaties and claimed negligence in not obtaining informed consent and also claimed battery against her daughter by Dr. McAroy. Defendant McAroy denied negligence or battery and stated Sharon Uhlig had informed consent, and claimed she had been verbally instructed by Sharon Uhlig to remove all sealants and all cavaties during that appointment. Defendant McAroy stated the cavaties were minor and it was appropriate to fill all 22 in one setting.
Damages Alleged: Weakening of tooth structure in 16 teeth; and future dental treatment ($538 sealant).
Demand before trial: No negotiations.
Offer before trial: No negotiations.
Verdict: For Defendants.
