Reyes v. Kaiser Foundation Health Plan Inc., et al.
Published: Aug. 24, 2004 | Result Date: Jun. 2, 2004 | Filing Date: Jan. 1, 1900 |Case number: BC287436 Arbitration – $255,220
Court
L.A. Superior Central
Attorneys
Plaintiff
David E. Wood
(Barnes & Thornburg LLP)
Defendant
Experts
Plaintiff
Nora Baladerian
(medical)
William S. Hummer
(medical)
Defendant
Terre L. Osterkamp
(medical)
Facts
The plaintiff, Angelica Reyes, was found to be pregnant in February 2002. In April, she was told that the fetus was dead and that she needed to have a D&C to remove the fetus. She told Kaiser that she wanted the baby returned so that she could bury the baby. D&C was scheduled for April 25, 2002. After the D&C, the plaintiff went home and felt pains in her abdomen. She went to the bathroom and expelled a fully developed fetus onto the floor. Her husband, Carlos, responded to her screams and found the fetus. Paramedics responded and took the plaintiffs, Angelica and Carlos back to Kaiser. Another D&C was performed. The plaintiffs demanded the return of the fetus. Kaiser refused to return the fetus saying that it had been sent to pathology. The fetus was ultimately destroyed by the defendant.
Settlement Discussions
The plaintiffs served a C.C.P. Section 998 for $124,950, later reduced to $100,000 prior to arbitration. The defendants made no offers to settle stating that they believed there were no damages to the plaintiffs.
Damages
Angelica Reyes was required to undergo a second D&C procedure. There were no physical residual injuries. She suffered post traumatic stress disorder from the experience. The plaintiff husband had emotional distress. Both plaintiffs suffered from not being able to provide a burial for their dead baby.
Other Information
The plaintiffs' motions for costs ($9,500) and prejudgment interest ($6,224) pursuant to C.C.P. 998 were granted. The arbitration was held before retired Judge Gabriel Gutierrez of Action Dispute Resolution Center.
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