Shah v. Chroman
Published: Nov. 5, 2002 | Result Date: Oct. 9, 2002 | Filing Date: Jan. 1, 1900 |Case number: VC028315 Arbitration – $1,500,000
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Laura M. Morris
(Callahan & Blaine)
Marshall Silberberg
(Law Office of Marshall Silberberg)
Experts
Plaintiff
Arnold Medearis
(medical)
Marianne Inouye MBA
(technical)
Robert A. Jacobs
(Manatt, Phelps & Phillips LLP)
(medical)
Defendant
Sharon K. Kawai M.D.
(medical)
Theodore Vavoulis
(technical)
Facts
The claimant mother age 25, was pregnant with her first child in the summer of 1997. She visited the respondent
OB for prenatal care, which included State mandated serum AFP testing as a screening test for spina bifida.
The blood test was drawn at an outside clinical laboratory to be sent to a State testing facility. What happened
to the blood test is unknown, but the State has no record of receiving it and the clinical laboratory has gone out
of business.
At her next visit, the claimant mother was informed the AFP test was lost, but was told that an ultrasound
could be performed to determine if there were any congenital abnormalities of the spine. The ultrasound was
read by the OB as normal. At term, the claimant mother delivered a child with spina bifida.
Settlement Discussions
Total of $1.5 million; $900,000 to fund an annuity with a $10 million lifetime payout. $600,000 cash with $142,000 net to the parents and $150,000 net to the child. A "special needs" trust was created for the minor.
Specials in Evidence
PLEASE ADVISE
Damages
Lifelong medical care and additional services: Per the claimants, approximately $6 million present value (a significant portion will be provided by the State, i.e. education) and per the respondents, $1.4 million present value.
Injuries
The minor plaintiff suffered spina bifida with paralysis from the upper abdomen down, including bowel and bladder dysfunction. The parents claimed negligent infliction of emotional distress.
Result
Total of $1.5 million; $900,000 to fund an annuity with a $10 million lifetime payout. $600,000 cash with $142,000 net to the parents and $150,000 net to the child. A "special needs" trust was created for the minor.
Other Information
The case was originally filed in Superior Court, but when the plaintiffs found an arbitration agreement in the medical records, the case was directed, upon agreement of the parties, to binding arbitration.
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