Facts

Francisco Lua's mother, Claudia Camarillo, presented to Scripps Mercy Hospital on Aug. 6, 1998, post-term induction. She was noted as having limited prenatal care at Logan Heights. However, the pregnancy was uncomplicated. Francisco was delivered by normal spontaneous vaginal delivery on Aug. 8, 1998. Shoulder dystocia was noted during delivery, and the baby was delivered within 30 seconds. A pediatrician was to the delivery room at approximately one minute of age due to tachycardia and grunting. Francisco was taken to Mercy Special Care Nursery for further evaluation and management and was noted to not be able to move his left arm spontaneously. His arm injury was later found to be permanent.

PLAINTIFF CONTENTIONS:
The plaintiff contended that Dr. Ronald Salzetti placed excessive traction on the baby's head during the attempted delivery and twisted the head 180 degrees in the wrong direction. The plaintiff also contended that appropriate steps were denied to reduce shoulder dystocia.

DEFENDANT CONTENTIONS:
The defendant contended that appropriate traction and steps were maintained and used; and that the injuries occurred in absence of negligence.

Settlement Discussions

The plaintiff demanded $600,000 prior to filing an answer; policy limits thereafter. The defendant made no offer.

Damages

The attendant care for the remainder of plaintiff's life and surgeries to correct contracture deformities. Also complained of a complete inability to work given the fact that the plaintiff was learning disabled and likely never to graduate from high school. $250,000 in general damages and between $1.6 million and $2.4 million in special damages.

Injuries

Permanent left erbs and Klumpke's palsy.

Other Information

The plaintiff filed a motion for new trial.

Deliberation

12 hours

Poll

9-2 negligence (one undecided)

Length

13 days