Facts

In December 1996, plaintiff Kelly Schutte underwent labor at defendant California Pacific Medical Center. She and plaintiff Andrew claimed that the baby's health was jeopardized when during labor, a high dosage of Pitocin was given to increase the contractile forces, causing hyperstimulation or excessive contractions of the uterus.

PLAINTIFFS' CONTENTIONS:
The doctors should have noticed earlier that the mother's contraction pattern was adversely effecting the baby, requiring the doctors to decrease the Pitocin. Instead, the doctors did nothing and delivered the baby by C-section hours later after it had already suffered from sudden bradycardia of the heart rate. These events caused the baby to be severely neurologically depressed at the time of delivery. He eventually developed cerebral palsy. The child is now ten years old, but incapable of performing the tasks of daily living. It has been determined that he will be dependent his entire life.

DEFENDANTS' CONTENTIONS:
According to the defense expert, the dosage of Pitocin was not excessive. There was also no indication that the baby's health was being jeopardized until much later. Further, the defense causation expert witnesses opined that the baby had suffered from a hypoxic ischemic injury weeks before plaintiff underwent labor.

Damages

Plaintiffs claimed the cost of lifetime support, as well as loss of earnings and emotional distress damages. Plaintiff's economist claimed a $10 million present cash value.

Injuries

The baby suffered from permanent brain injury. Consequently, he will be disabled and dependent for the rest of his life. Plaintiffs claimed emotional distress.

Result

Following a two week arbitration, defendant doctors prevailed.

Other Information

Arbitrators were Hon. Richard A. Hodge, David Brown and David Scheuermar.