Joseph Lopez, a minor, by and through his Guardian ad Litem, Solomon Lopez and Julia Lopez v. Ali Hamzeh
Published: Sep. 3, 2003 | Result Date: Jun. 16, 2003 | Filing Date: Jan. 1, 1900 |Case number: 01CC10227 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Margaret M. Holm
(Tyson & Mendes LLP)
Experts
Plaintiff
Joyce Elaine Pickersgill
(technical)
Luis Ochoa
(medical)
Janet Trial
(medical)
Israel P. Chambi
(medical)
Sandra Schneider
(technical)
William K. Hummer
(medical)
Felizardo Camilon
(medical)
Robert L. Podosin
(medical)
Defendant
Gary D. Blake
(medical)
Martin Feldman
(medical)
Bernadette Martinez
(medical)
Samuel Rosenfield
(medical)
Edward L. Workman
(technical)
Joseph P. Magaddino
(technical)
Facts
The plaintiff alleged that the defendant obstetrician and nurses had failed to adequately assess deteriorating fetal well-being; failed to order a C-section which would have prevented the shoulder dystocia and would have alleviated the need for resuscitation at birth, which resulted in a laryngeal tracheal separation, pneumothoraces and a subsequent series of hospital stays and surgeries; mishandling the shoulder dystocia by exerting excessive traction resulting in a severe stretching of the brachial plexus, with resultant Erb's and Klumpke's Palsy. The defendant obstetrician contended that there were no abnormalities of the fetal monitor strips that warranted an earlier intervention by C-section; that it was appropriate to use a vacuum and proceed with a vaginal delivery; that the shoulder dystocia was not predictable and was managed appropriately; that the baby had an airway blockage not caused by him and the intubation was necessary for that problem. The tracheal injury was caused by intubation.
Settlement Discussions
The plaintiffs demanded $225,000 at mediation; the defendants jointly offered $150,000 at mediation.
Damages
The plaintiffs sought in excess of $1 million for future loss of earnings, medical needs and non-economic damages (Joseph), and $25,000 to $150,000 for the NIED of Julia.
Injuries
Shoulder dystocia at birth with resultant Erbs and Klumpke's Palsy.
Result
The jury found no negligence as to Dr. Hamzeh on special verdict as to the minor and the mother. The jury found negligence as to the hospital for charting as to both plaintiffs and found no causation as to the damages claimed by each.
Deliberation
two days
Length
16 days
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