Confidential
Settlement – $839,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
R. Christian Hulburt
(West Coast Resolution Group)
Vincent J. Bartolotta Jr.
(Thorsnes Bartolotta McGuire LLP)
Experts
Plaintiff
Betty Joan Mally
(medical)
Doreen Casuto RN, MRA, CRRN, CCM
(medical)
John R. Marshall
(medical)
Facts
On April 19, 1993, Plaintiff mother gave birth to her son at Defendant hospital. Labor was prolonged and difficult due to a condition whereby the baby's shoulders were larger than the diameter of the mother's pelvis (dystocia). Defendant doctor used a vacuum extractor to deliver the baby's head, but the shoulders became stuck. Defendant doctor allegedly struggled for at least 6 minutes attempting to deliver the shoulders by manually pulling, twisting, and turning the baby's head, neck, and shoulders. Plaintiff father was in attendance the entire time and assisted by holding the mother's legs open. As a result of Defendant doctor's manipulation and force pulling on the infant's head, his neck was broken. The infant was born a quadriplegic; he died 2 days short of his first birthday of complications of the quadriplegia.
Settlement Discussions
Offers and demands were not disclosed.
Specials in Evidence
approximately $206,000 $25,000 - $75,000
Injuries
Death of child; emotional distress requiring counseling.
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