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CONFIDENTIAL

Nov. 25, 1995

Personal Injury (Non-Vehicular)
Medical Malpractice
Birth Injury

Confidential

Settlement –  $980,000

Court

L.A. Superior Norwalk


Attorneys

Plaintiff

Leon A. Zallen

Bruce G. Fagel
(Law Offices of Bruce G. Fagel & Associates)


Defendant

Harold J. Hunter Jr.


Experts

Plaintiff

Marvin D. Nelson M.D.
(medical)

William A. Frumovitz
(medical)

Steven Golde
(medical)

Robert L. Podison
(medical)

Michael J. Sherman
(Stoel Rives LLP) (medical)

Barry D. Pressman M.D.
(medical)

Defendant

Michael P. Nageotte M.D.
(medical)

Irwin Frankel
(medical)

Hugh McDonald
(medical)

Ronald S. Gabriel M.D.
(medical)

Facts

On January 16, 1993, Plaintiff was delivered by Defendant obstetrician and Defendant hospital staff, with evidence of acute perinatal asphyxia. Hospital records documented that the mother had noted decreased fetal movement, but had not reported this to her obstetrician before she entered the hospital. The fetal monitor strip showed a non-reactive "flat line" pattern on the mother's admission to the hospital. After delivery, Plaintiff showed evidence of persistent hypoglycemia.

Settlement Discussions

Plaintiff contends it made a 998 demand in the amount of $1,000,000; Defendants obstetrician and neonatologist offered nothing at the MSC (no consent); and Defendant hospital settled out for $650,000 prior to the Mandatory Settlement Conference.

Specials in Evidence

not disclosed not disclosed not disclosed

Injuries

Cerebral palsy and developmental delay.


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