Confidential
Settlement – $4,070,000Court
San Joaquin Superior
Attorneys
Plaintiff
Bruce G. Fagel
(Law Offices of Bruce G. Fagel & Associates)
Thomas S. Alch
(Shoop APLC)
Facts
On Sep. 25, 1999, the 31-year-old patient was undergoing a VBAC trial of labor. The defendant OB 1 was covering calls for the patient's prenatal physician, the defendant OB 2. The patient had received informed consent for the VBAC trail of labor. At 3:30 p.m., the patient complained of severe and constant pain that was not like contractions. At 3:45 p.m., the hospital nurse called OB 1, who was inducing two patients at another hospital, and reported the patient's complaints. OB 1 informed the nurse hat she could give the patient Stadol for the pain. At 4:25 p.m., the defendant OB 1, who was delivering a patient at another hospital, asked the nurse to see if there was another OB in the hospital who could place an internal scalp electrode and an intrauterine pressure catheter in the plaintiff. The defendant OB 3 agreed. The pressure catheter was placed at 4:28 p.m. and the scalp electrode was placed at 4:34 p.m. Almost immediately, the fetal heart rate showed severe decelerations, with reduced to absent short term variability. A crash c-section was called at 4:40 p.m. The defendant OB 1 and the defendant anesthesiologist were called to come to the hospital. The OB 1 arrived before 5:00 p.m., but the anesthesiologist did not arrive until 5:10 p.m. Rapid sequence induction was attempted on the 300 pound, five foot tall mother, but the Succinyl Chlorine used to paralyze the patient spilled to the floor. The initial incision was performed at 5:20 p.m., with a delivery at 5:23 p.m. of a girl with Agpar scores of 1/4/5.
Settlement Discussions
The plaintiff submitted a demand at mediation of $4.5 million. At the first mediation, there was an indication of a $1 million offer. Raised to a total of $4,070,000 after the start of expert depositions. ($2,170,000 from hospital, $1 million from OB 1, $435,00 from OB 2, $435,000 from anesthesiologist and $30,000 from employer of OB 3).
Specials in Evidence
Estimated at $300,000 annually
Injuries
The minor sustained hypoxic ischemic brain injury, and has cerebral palsy. She has past liens of $210,000 and future medical costs of approximately $300,00 annually. Her life expectancy according to the defense experts is an additional five years.
Other Information
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