Confidential
Settlement – $1,750,000Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Stanley J. Casper
(Casper, Meadows, Schwartz & Cook)
Defendant
Facts
On Oct. 26, 1997, at approximately 6 a.m., plaintiff, an 18-year-old pregnant woman, ruptured her membranes. She entered defendant hospital to deliver her first child. Plaintiff had received good prenatal care and evidenced no notable risk factors. Due to lack of labor progress, defendants began administering Pitocin approximately ten hours into her labor and continued and increased the Pitocin over the next ten hours. Throughout that time, no attempts to perform a C-section were made despite non-reassuring fetal heart tracing. At approximately 8:50 a.m., the following morning, a staff family practice physician ordered an "urgent C-section" based upon her belief that the baby was showing signs of cord compression. Shortly thereafter, a second and more senior family practice physician arrived on the scene and called off the decision to perform a C-Section. For the next two hours, defendants unsuccessfully attempted to deliver the baby vaginally. Defendants used forceps and vacuum extraction in an attempt to facilitate this process. When a C-section was finally initiated, the baby had become completely wedged in the pelvis and was born with severe injuries.
Specials in Evidence
Past medical paid for by Medi-Cal ($127,000) disputed
Injuries
The minor plaintiff was born with severe cerebral palsy and developmental delay, requiring home attendant care. At birth, the baby had Apgar scores of 2/3/6, was severely acidotic with lack of spontaneous respirations, and suffered cerebral edema and early onset seizures. Mother plaintiff suffered emotional distress and physical pain and suffering.
Result
Settlement to minor plaintiff was paid as follows: $200,000 cash, plus $896,150 toward the purchase of an annuity with monthly payout of $6,950, 3 percent compound annual increase for life, guaranteed for ten years.
Other Information
Settlement to minor plaintiff was paid as follows: $200,000 cash, plus $896,150 toward the purchase of an annuity with monthly payout of $6,950, 3 percent compound annual increase for life, guaranteed for ten years.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390