Facts

Irma Perez-Castillo and Jessie Perez sued the Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospital, and Southern California Permanente Medical Group in connection with Irma's pregnancy. The couple filed a medical malpractice claim against defendants and the matter proceeded to arbitration.

PLAINTIFFS' CONTENTIONS:
On Nov. 11, 2013, Irma, who was 38 weeks pregnant, presented to her Ob-Gyn complaining of pain in the abdomen and loss of appetite. Her doctor sent her home. Two days later, on Nov. 13, she emailed her doctor again, complaining of the same symptoms and informing the doctor that she was experiencing less movement from her baby than she normally would. Her doctor instructed her to perform "kick counts." An hour later, she emailed her again after she threw up everything she had eaten. She and her doctor exchanged several more emails throughout the day and, by five in the afternoon, she had presented to the hospital with her husband, Jessie. Plaintiff was informed that their baby had died. The couple then filed a medical malpractice claim against defendants and the matter proceeded to arbitration. Plaintiffs alleged the doctor was negligent in failing to order tests performed on Irma when she first presented with her symptoms. Plaintiffs claimed that the tests would have revealed something amiss and could have prevented their baby's death. Plaintiffs also alleged that the doctor was negligent in failing to recognize the signs of fetal distress during Irma's Nov. 11 visit and in failing to order Irma to go to the hospital immediately when the first email exchange occurred on Nov. 13.

DEFENDANTS' CONTENTIONS:
Plaintiff Irma Perez suffered from a rare acute fatty liver of pregnancy, for which no blood test could have diagnosed. Perez had an uncomplicated pregnancy and did not otherwise show signs of any complications throughout her pregnancy. When she presented to her doctor on Nov. 11 for her routine prenatal follow up visit, there was fetal movement and the patient was assessed with possible heartburn. Although the patient experienced decreased fetal movement as early as Nov. 12, she first informed her doctor of decreased fetal movement the morning of Nov. 13 and in response, the doctor instructed her to go to Labor and Delivery. The patient arrived at the hospital after 5 p.m. on the evening of Nov. 13 and fetal demise was confirmed. Defendants denied liability for the alleged medical malpractice.

Damages

Irma sought damages for emotional distress as well as expenses associated with the baby's funeral and burial. Jessie sought loss of consortium damages.

Injuries

The couple suffered emotional distress resulting from their baby's death.

Result

The arbitrator found that the doctor's failure to inform Irma to go to the hospital "immediately" on Nov. 13 caused the fetal demise and constituted medical malpractice, and awarded the couple $503,500 in damages, which included $3,500 in special damages.