Top Plaintiffs' Verdicts by Impact: Cuevas v. Contra Costa County Health Services

Plaintiff's attorneys secured more than $12 million in present damages on behalf of a child who sued Contra Costa County Health Services for alleged medical malpractice in a high-risk twin pregnancy that led to his severe brain injury and his twin's death.

The jury found the surviving child, Brian Cuevas, would likely live for another 74 years, during which he would be unemployable and require lifelong medical care.

Cuevas' lawyers, Eustace de Saint Phalle and Michael E. Gatto, then of The Veen Firm P.C. and now at Rains Lucia Stern PC, contended that Contra Costa County Health Services negligently assigned an unqualified family practitioner - not an OB/GYN - to handle the pregnancy.

The doctor, they said, failed to appropriately respond to an obstetrics emergency. Further, they claimed that Contra Costa County Health Services lacked procedures to ensure patients are referred to proper specialists.

The pair attributed part of their success in the two-month trial to establishing early on, through the doctor's deposition and witness testimony, that the doctor didn't understand the risk factors associated with the pregnancy and tampered with medical records.

They faced obstacles, however, in representing an undocumented immigrant mother who had used the county's free medical clinic.

"There were a number of people who seemed to feel it was inappropriate for a non-U.S. citizen to be bringing a medical malpractice case against a county facility," de Saint Phalle said. "That was a difficult thing that we had to overcome during jury selection."

The defense denied any negligence in the management of the pregnancy. They have since appealed the case, de Saint Phalle said. Cuevas v. Contra Costa County Health Services, CIVMSC09-01786 (Contra Costa County Super. Ct., filed June 23, 2009).

- Kylie Reynolds