Confidential
Settlement – $150,000Facts
On February 20, 1993 at 2:17 a.m., Plaintiff's mother was admitted to Defendant medical center in active labor. Plaintiff's labor progressed normally until 6:40 a.m. At this time, Plaintiff child's head presented. Physicians attempted to deliver the child using the "McRoberts maneuver" and the application of lateral traction on the child's head and neck. No episiotomy was cut and no anesthesiologist was present during the delivery. The baby was delivered at 6:44 a.m. with resultant shoulder dystocia.
Settlement Discussions
Offers and/or demands, prior to this result, were not disclosed.
Specials in Evidence
$3,195 to satisfy Medi-Cal lien $500,000 $350,000
Damages
$250,000 for emotional distress (mother); $250,000 for pain and suffering (child).
Injuries
Permanent Erb's palsy of right arm and fractured left arm requiring open reduction internal fixation.
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