The High Court has awarded €55,300 to a structural engineer whose dental treatment caused irreversible damage to six of her lower front teeth.
Ana Alajbeg, a Croatian national, received treatment from Carlos Neto and Pro-Riso Dental Clinic Limited between November 2018 and August 2020. The treatment involved fixed braces intended to align her upper and lower teeth and reduce an overbite caused by a skeletal discrepancy.
The case came before Mr Justice Paul Coffey for assessment of damages only following earlier High Court orders. Neither defendant appeared at the trial, and the evidence given by Ms Alajbeg and dental surgeon Dr Ian Hutchinson was unchallenged.
Dr Hutchinson said the treatment had pushed six lower front teeth outside the jawbone. This caused irreversible bone damage and loss of support. He predicted that the teeth would be lost within five to ten years, although trauma could accelerate that process.
Ms Alajbeg told the court that she had suffered pain since 2020, recurring infections roughly every three months and repeated dental treatment. The judge accepted that the problems had affected her sleep, enjoyment of life and work.
Under the Personal Injuries Guidelines, serious damage to several front teeth ordinarily falls within a range of €12,500 to €30,500.
Mr Justice Coffey held that the upper end of that bracket would not fairly reflect the particular circumstances. He pointed to the prolonged period of anticipated tooth loss, unstable teeth, recurring infections and the need for continued complicated and invasive treatment.
The court therefore departed from the Guidelines and awarded €45,000 in general damages for pain and suffering to date and into the future. A further €10,300 was awarded for the expected cost of future dental treatment.
The total award was €55,300.