Facts

Mrs. Zimbalist, age 34, was admitted to the hospital in the late evening on Feb. 8, 2009. Nurse A admitted her to Labor and Delivery, reviewed the fetal heart rate strip, and reported telephonically to the obstetrician on call for the patient's medical group. Nurse B took over the care at 3 a.m. and spoke to the obstetrician at about 3:30 a.m. The obstetrician ordered preparation for c-section. The incision was not until 4:39 a.m. The baby was born severely depressed, resuscitated and transferred to the NICU.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that there was progressively worsening fetal distress caused by a worsening placental abruption. The delay in the c-section was due to nursing and hospital negligence in not summoning a back-up anesthesiologist, as the anesthesiologist assigned to Labor and Delivery was doing another c-section. The baby would have been normal if born 30 to 45 minutes sooner.

Plaintiff also claimed that the hospital violated the "30-minute rule" (decision to incision). The obstetrician, before she resolved her portion of the case, gave a deposition where she was highly critical of the nurses. At trial, she was, again, very critical of the nurses.

DEFENDANT'S CONTENTIONS:
Defense claimed that the obstetrician arrived at 3:46 a.m. and chose to wait for her partner to show up to do the c-section. Defense further claimed that the nursing care was not negligent and did not cause a delayed delivery; and that the placental abruption occurred before the mother was admitted to the hospital.

Settlement Discussions

Before trial, plaintiff made a CCP 998 demand for $6 million. Defendant made a CCP 998 offer for $1 million. During trial, plaintiff demanded $1.9 million. Defendant offered $1.5 million. During jury deliberations, plaintiff demanded $3.5 million. Defendant offered $1.7 million.

Specials in Evidence

$180,000 (out of pocket) $1.2 million (defense) to $1.7 million (plaintiff) $4.5 million to $12 million, depending on the minor's life expectancy (plaintiffs' expert opined 50 to 60 years; defense expert opined 20 to 25 years)

Damages

Three non-economic $250,000 MICRA caps.

Injuries

The minor suffered hypoxic encephalopathy, quadriplegia and hypotonia allegedly due to prolonged fetal distress.

Result

Defense verdict.

Other Information

Plaintiffs' nursing expert provided a long list of criticisms of the nurses. Plaintiffs' hospital administration expert was permitted to testify over the objections of the hospital, as he had no training or licensure as a nurse or a medical doctor. "Obamacare" was ruled inadmissible by the trial judge as speculative due to constitutional challenge. FILING DATE: April 30, 2009.

Deliberation

three days

Poll

10-2

Length

five weeks