Earlier today, trial began in the Salt Lake medical malpractice trial of Jessica Bolda and David Bolda v. Patrick R. Brain, D.D.S., P.C.; Patrick R. Brain dba Lone Peak Oral & Maxillofacial Surgery; Patrick R. Brain, D.D.S; and Does I-X
, Case No. 18090731, Third Judicial District Court, Salt Lake County, Utah, Judge Matthew Bates presiding.
Plaintiffs Complaint alleges that on September 12, 2016, Mrs. Bolda met with Dr. Brain at his clinic to discuss surgically extracting her #5 tooth. On September 22, 2016, Dr. Brain performed a surgical extraction of Mrs. Bolda's #5 tooth and replaced it with an implant. Mrs. Bolda was not prescribed antibiotics before of after the surgery. On September 29, 2016, Dr. Brain diagnosed a post operative infection. On October 11, Dr. Brain ordered a CT scan which demonstrated that the implant replacing the #5 tooth had penetrated through the bone and into the soft tissue above the bone. Another surgery was performed on October 14, which required a tissue graft from the roof of Mrs. Bolda's mount around the implant to create a cushion for the area penetrated by the implant. After several follow up visits and a surgery to remove the implant, Mrs. Bolda was diagnosed with trigeminal neuralgia. Plaintiffs claim Dr. Brain failed to meet the applicable standard of care and that Mrs. Brain was injured as a result. Mr. Bolda made a claim for loss of consortium. Defendants denied all allegations related to liability.
On July 6, 2022, Defendants moved for summary judgment arguing that there was insufficient evidence to support a claim that Mrs. Bolda's trigeminal neuralgia was proximately caused by Dr. Brain's conduct. The court granted the motion in part stating that "Plaintiffs have failed to prove a prima facie case regarding allegations that any alleged breaches in the standard of care caused Plaintiff Jessica Bolda's Trigeminal Neuralgia." Order Granting Defendants' Motion for Summary Judgment in Part, February 13, 2023. The court allowed remaining claims for negligence and damages to proceed. Id
Trial is ongoing and expected to conclude Friday, October 27.
The Docket is available here: 0000 Bolda v. Brain - Docket
The Complaint is available here: Bolda v. Brain - Complaint
The Amended Answer is available here: Bolda v. Brain - Amended Answer and Jury Demand
The motion for summary judgment and other documents regarding trigeminal neuralgia are available below: Bolda v. Brain - Ds MSJ re - Trigeminal Neuralgia Bolda v. Brain - Opp. 2. MSJ re - Trigeminal Neuralgia Bolda v. Brain - Reply MSJ re - Trigeminal Neuralgia Bolda v. Brain - Order Granting MSJ - In Part
The Plaintiffs' pretrial disclosures are available here: Bolda v. Brain - Ps Trial Brief Rule 26a5 Pretrial Disclosures
The Defendants' pretrial disclosures are available here: Bolda v. Brain - Ds Pretrial Disclosures
The Plaintiffs Motions in Limine are available below: Bolda v. Brain - Ps MIL re - limit D Expert Testimony Bolda v. Brain - Ps MIL re - limitation of Expert testimony to report Bolda v. Brain - Ps MIL re - Remote Testimony
The Defendants' Motions in Limine are available here: Bolda v. Brain - Ds Mot in Limine
The Court's order regarding Motions in Limine are available here: Bolda v. Brain - Order Re MILs
Plaintiffs are represented by Alyson McAllister and Christina Isom
Defendants are represented by Tawni Anderson and Katia Conrad
Best of luck to both trial teams.Salt Lake Medical Malpractice Attorney Blog