Dentist, clinic settle lawsuit over alleged defective tooth extraction

Dr. Alan Stuart Markoff and his dental clinic, Toothworks Inc., have settled a lawsuit by a frequent Russian visitor who sued them for negligence during the extraction process of his tooth that allegedly created a defect on his gum tissue.

Attorneys William M. Fitzgerald and Matthew T. Gregory informed the U.S. District Court for the NMI on Friday about the parties reaching a settlement agreement.

Fitzgerald is counsel for plaintiff Pavel Soloviev, while Gregory is counsel for defendants Dr. Markoff and Toothworks.

The lawyers notified the court that having reached a settlement of this matter, they stipulate to the dismissal with prejudice of this lawsuit.

Dismissal with prejudice means the lawsuit can no longer be re-opened.

The parties agreed to bear their own attorney’s fees and costs.

The parties, however, requested the court to retain jurisdiction to enforce the settlement agreement.

The lawyers said if the court requests, they will provide the settlement agreement to the court for review.

Soloviev sued Markoff and Toothworks for negligence and violation of the Consumer Protection Act.

Solovied asked the court to hold the defendants liable to pay him damages in an amount to be proven at trial, as well as court costs and attorney’s fees.

Soloviev is a resident of Vladivostok, Russia. He has been a frequent visitor to Saipan over the last 10 years.

According to Fitzgerald in the complaint, in 2011 Soloviev and his wife Natalia contacted Markoff and Toothworks, inquiring about using their dental services.

In November 2011, Fitzgerald said Markoff advised Soloviev that it was necessary to extract one of his teeth. Soloviev agreed and Markoff extracted the tooth on Nov. 2, 2011.

Soon after the extraction, Soloviev began having extreme pain and he returned to Toothworks and Markoff for treatment asking Markoff to correct the problem that had been caused by the extraction and alleviate the pain.

Fitzgerald said Markoff told Soloviev that there was no problem, that the extraction had been performed correctly, that any pain was caused by the patient’s smoking. The dentist then prescribed antibiotics and painkillers.

The lawyer said Soloviev continued to be treated by Toothworks and Markoff throughout 2012, specifically in January, February, August, and September.

He said during these treatments, Toothworks and Markoff claimed to have closed an oral antral fistula.

On Sept. 11, 2012, Soloviev sought treatment at Toothworks for the worsening problem of his sinus, complaining of pus coming out of his nose.

Markoff again allegedly prescribed antibiotics and painkillers, and advised anew that the patient’s problem was caused by his smoking.

After nine months of Toothworks and Markoff’s treatments, which failed to correct the sinus problem or alleviate the pain, Soloviev sought help from a Russian dentist in Vladivostok, Dr. E.D. Edranov, on Sept. 26, 2012.

Upon examination, Fitzgerlad said Edranov found a hole in Soloviev’s gum tissue where Markoff had extracted his tooth that formed an open communication between the mouth and the maxillary sinus cavity.

Fitzgerald said the hole was lined with red and edematous tissue, filled with thick mucus, and was oozing purulent pus, and a foreign substance was found to be lodged in his sinus, which was causing his problem.

Edranov diagnosed Soloviev as suffering from a chronic and severe genyantritis, requiring immediate surgery to correct.

On Oct. 11, 2012, Fitzgerald said Edranov performed maxillary antral sinus surgery, opening Soloviev’s maxillary sinus, and removing the foreign material and the purulent pus.