Carla Janet Mexia, a minor by and through her guardian ad litem, Juan C. Mexia v. Jorge M. Del Aguila
Published: May 11, 2002 | Result Date: Feb. 26, 2002 | Filing Date: Jan. 1, 1900 |Case number: GIS004678 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Clark R. Hudson
(Neil Dymott Hudson, APLC)
Experts
Plaintiff
Donna M. Barras
(medical)
John R. Marshall
(medical)
David Paa
(medical)
Defendant
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)
Larry M. Cousins
(medical)
Perry R. Lubens M.D.
(medical)
Laura Fuchs Dolan
(technical)
Facts
The plaintiffÆs mother, Adriana Orozco, age 33, first sought prenatal care from OB/GYN Consultants (Athena
WomenÆs Health) on May 4, 1998. The estimated date of confinement was determined to be Nov. 23, 1998.
The infantÆs gestational age was 11 weeks. She had delivered term babies in 1996 and 1997. Both prior
deliveries weighed 7 pounds, and there were no complications.
On Aug. 14, 1998, Orozco was given the one-hour glucose tolerance test. She was at 25-weeks gestation. Her
blood sugar values were at 158, therefore, she was scheduled for a three-hour glucose tolerance test. On Aug.
21, she underwent the three-hour glucose tolerance test which was normal. The plaintiff first presented for
prenatal care at Dr. Del AguilaÆs office on Sept. 15. She was 29 and 5/7th weeks gestation and she weighed
168 pounds.
The patient was next seen on Sept. 28. She was 31 and 4/7th weeks pregnant. An ultrasound was performed
and the results were consistent with the estimated date of confinement. Orozco experienced a spontaneous
rupture of membranes at 4:30 a.m. on Nov. 18. She presented shortly thereafter to Scripps Memorial Hospital,
Chula Vista. She was admitted to Labor and Delivery at approximately 6:40 a.m. She was in active labor. She
was dilated to 6 cm, 90 percent effaced and at -1 station. The contractions were every two to three minutes.
Orozco was completely dilated at 7:10 a.m. Dr. Del Aguila was present. At 7:15 a.m., she was noted to be at
+3 station. The infant head delivered at approximately 7:36 a.m. Shoulder dystocia was diagnosed. An
episiotomy was performed and Dr. Del Aguila was able to reduce the shoulder dystocia by placing the mother
into the McRobertÆs position and applying suprapubic pressure.
The plaintiff was delivered at 7:40 a.m. Her Apgar scores at one minute was 7, and at
five minutes was 9. Immediately following delivery, the plaintiff was noted to have facial bruising.
Her right arm was flaccid, with some bruising in her right armpit. She was 21 in. in length, and
weighed 9 lbs 5 oz. (4,230 grams).
Specials in Evidence
$182,000 to $300,000 approximately, $200,000, to include care costs and counseling
Damages
Erb Palsy
Other Information
The plaintiff argued several different scenarios to the jury consistent with the economic options ranging from $201,000 to $520,000, plus noneconomic damages.
Deliberation
one day
Poll
12-0
Length
eight days
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