San Diego Jury Awards $3.55 Million Verdict for Child’s Dental Procedure Injury

US: On Friday, July 14, 2023, a San Diego jury concluded a two-day deliberation and reached a significant verdict of US$3,550,000 regarding a distressing incident involving a 5-year-old child. The child, identified as A. Hernandez, allegedly became unconscious and unresponsive following a routine dental procedure at the Rose Dental Group in Escondido, California.

The Jury’s Findings

Attorney Robert Vaage, a San Diego medical malpractice attorney who represented the child, revealed that the jury determined the cause of A. Hernandez’s injuries. The jury reportedly found that the child suffered a hypoxic brain injury due to oversedation caused by a combination of oral conscious sedation medication administered during the dental procedure.

Furthermore, the jury held Dr Mahtab Saadatmandi, the owner of Rose Dental Group, accountable for negligence in managing and supervising the dental services provided to A. Hernandez, thus violating the law. As a result of these findings, the jury awarded US$2,050,000 to cover future lost earnings and future medical and related expenses. Additionally, an amount of US$1,500,000 was granted for past and future non-economic losses, which include physical pain and mental suffering experienced by the child.

Unresponsive After Dental Procedure

A. Hernandez’s mother expressed her concern after the dental procedure when she noticed her son’s unusual behavior. Upon leaving the dental office, he is said to have lost consciousness on the way to the emergency room. The emergency room doctors initially struggled to revive him, resorting to painful stimuli to no avail. It was only when they learned about the medications administered during the dental procedure that they were able to administer the appropriate antidote, successfully awakening the child.

Following this incident, A. Hernandez’s mother observed alarming changes in her son’s behavior and academic performance. He exhibited problems such as bedwetting, self-harm, and night terrors, and his academic progress suffered significantly. A neuropsychologist expert’s evaluation revealed multiple cognitive problems, all linked to areas of the brain associated with oxygen deprivation.

Change in Behaviour After Sedation

Attorney Robert Vaage faced challenges in presenting the case, as the child did not display any neurological abnormalities on examination. However, he was able to successfully demonstrate the brain injury through circumstantial evidence, including school records, behavioral records, and witness testimonies that highlighted the drastic changes in the child’s behavior after undergoing conscious sedation.

Vaage highlighted the importance of safety systems established by the California legislature to regulate the use of oral conscious sedation drugs in dental procedures. These systems mandate monitoring vital signs, taking a comprehensive medical history, conducting pre- and post-sedation assessments, documenting the patient’s condition at discharge, and recording the rationale for sedation.

Violation of Safety Laws

The jury’s decision to hold Dr Mahtab Saadatmandi responsible for negligence is rooted in the violation of these crucial safety laws and regulations for the use of oral conscious sedation drugs in dental procedures. The breach of these guidelines contributed to the unfortunate outcome of A. Hernandez’s dental experience.

Robert Vaage pointed out an alarming revelation during the trial: DentiCal, the state dental insurance program, provides significantly higher compensation for “behavior management” than for “conscious sedation,” almost six times more. It was disclosed that the biller at Rose Dental Group admitted to fabricating diagnoses based on internet searches to justify billing for behavioral management for the plaintiff.

The verdict reached by the San Diego jury stands as a significant statement on the importance of adhering to safety regulations and providing proper care during dental procedures, particularly when administering sedation to young patients. The outcome of this case serves as a stark reminder of the profound impact dental practices can have on the lives of patients and underscores the responsibility of dental professionals to prioritize safety and adhere to established protocols.