Alexander Vinet, by and through his Guardian Ad Litem, Angelle Vinet v. Allegiance Healthcare Corp., Agostini & Associates, St. Mary's Medical Center
Published: May 28, 2003 | Result Date: Feb. 13, 2003 | Filing Date: Jan. 1, 1900 |Case number: 311709 Verdict – $1,436,330
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Robert E. Cartwright Jr.
(Cartwright Law Firm)
Defendant
Experts
Plaintiff
Connie M. Hendrickson
(technical)
Neal Sheehan
(technical)
David M. Young
(medical)
Elaina Delgado
(medical)
Bobby Roberts
(technical)
Defendant
David Greenhaulgh
(medical)
Facts
The plaintiff was born at St. Mary's Hospital on May 22, 1997. Approximately three hours later, an infant heel warmer, manufactured by Allegiance Healthcare was applied to the infant's right heel to facilitate the drawing of blood. While the heel warmer was being applied, it allegedly leaked onto the infant's heel causing severe burns. The minor plaintiff through his guardian ad litem sued Allegiance, the nursing contractors and St. Mary's Hospital. On the first day of trial, the plaintiff settled with St. Mary's Medical Center and Agostini & Associates for an undisclosed sum.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $250,000; The defendant offered $95,000 but this was withdrawn before trial.
Specials in Evidence
$31,834 $104,500
Injuries
The infant suffered a severe burn that required a skin graft in an effort to close the burn the 6-9 cm wound. Because of this burn, the plaintiff is at increased risk for cancer later in life.
Result
The jury awarded the plaintiff $1,436,334 and held Allegiance 100 percent at fault with no comparative negligence to the nursing contractors and the hospital.
Other Information
The defendant Allegiance has filed a motion for a new trial. The defendant's motion for new trial was denied.
Deliberation
one day
Length
eight days
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