Nancy Lee, et al. v. John Muir Medical Center, Luman Hughes III, M.D.; Maynard Rotermund, M.D.; Muir Obstetrics & Gynecological Medical Group, et al.
Published: Apr. 12, 1997 | Result Date: Nov. 12, 1996 | Filing Date: Jan. 1, 1900 |Case number: C9400093 – $0
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Laura Malmeister
(medical)
Ronald S. Gabriel M.D.
(medical)
Maclyn E. Wade
(medical)
Defendant
Howard Blanchette
(medical)
Floyd H. Gillies
(medical)
Jonathan D. Weissglass
(Law Office of Jonathan D. Weissglass)
(medical)
Julian Parer
(medical)
Paul A. Hensleigh
(medical)
Carol Abrahams
(medical)
Maurice Druzin
(medical)
Facts
In July 1994, plaintiff Nancy Lee, a 38-year-old woman pregnant with her second child, was receiving obstetrical and prenatal care from the defendant doctors and medical group. The plaintiff was fitted with a cerclage for incompetent cervix and her uterine activity was monitored by defendant Tokos Medical Corp. On July 31, 1994, the cerclage was removed by defendant Luman H. Hughes, III, M.D. an obstetrician, at defendant John Muir Medical Center. The uterine monitoring was discontinued and the plaintiff was sent home and told to call if she became "more uncomfortable" with her contractions. That evening, even though defendant Tokos' monitoring service had been canceled, the plaintiff transmitted uterine activity monitoring to defendant Tokos. The monitoring showed that the plaintiff was "over her preterm baseline." Defendant Tokos accepted the monitoring, but did not call the defendant physician. Instead, defendant Tokos' nurses advised the plaintiff about her uterine activiy and told her that she should call her doctor. On Aug. 1, 1994, from midnight to 6 a.m., the plaintiff experienced strong regular contractions. Although the defendant physician had told her to call if she became "more uncomfortable" with regard to her contractions, she did not call. On Aug. 2, 1994, at 2 a.m., the plaintiff was again awakened with strong contractions, which she timed. At 3 a.m., her water broke. She called her doctor and was advised to go to the defendant hospital, where a cesarean section was performed. The plaintiffs, husband and wife brought this action against the defendants based on medical negligence, malpractice and loss of consortium theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $1 million to all defendants. The defendant medical center made no settlement offers. Defendant Tokos Medical Corp. made a settlement offer of $25,000.
Specials in Evidence
$_________ $_________ $_________ $_________
Other Information
On a special verdict, the jury found negligence by defendant Tokos, but no proximate cause.
Deliberation
2 days
Poll
9-3
Length
20 days
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