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CONFIDENTIAL

Jul. 22, 1995


Personal Injury (Non-Vehicular)
Medical Malpractice
Negligence

Confidential

Settlement –  $900,000

Judge

William C. Beverly Jr.

Court

L.A. Superior Torrance


Attorneys

Plaintiff

Philip M. Daigneault


Defendant

Yuk K. Law
(Law & Brandmeyer LLP)

Kenneth N. Mueller


Experts

Plaintiff

Stanley Schultz
(technical)

Joanne Hodgman
(medical)

Jeanne C. Heyerick
(technical)

Peter Formuzis Ph.D.
(technical)

Defendant

Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)

Perry R. Lubens M.D.
(medical)

Facts

Plaintiff delivered on July 2, 1991, with Apgar scores of 8 at one minute and 9 at 5 minutes, and laboratory studies showing that Plaintiff was RH positive and had type O blood. Plaintiff was taken to the newborn nursery where he was observed for 43 hours with all entries in his chart were normal. He was discharged on July 4, 1991. Three days later on July 7, 1991, he was readmitted to the hospital through the emergency room for complaints of poor feeding and an arching of his back. Laboratory studies showed him to have a markedly elevated bilirubin level of approximately 40 which resulted in kernicterus (a condition in which areas of the brain are infiltrated with bilirubin), brain damage, and cerebral palsy.

Settlement Discussions

Plaintiff contends he demanded $3,000,000 and Defendant offered $500,000 present value, structured.

Specials in Evidence

$14,587 (Medi-Cal lien) $1,500,000 $2,000,000

Injuries

Cerebral palsy; microcephaly and marked impairments in all significant areas of development -- all requiring full-time attendant care.


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