Confidential
Settlement – $2,000,000Court
Contra Costa Superior
Attorneys
Plaintiff
Experts
Plaintiff
James C. McGowan
(technical)
Ronald A. Dieckmann
(medical)
William V. Good
(medical)
Francis M. Crinella
(medical)
Scott J. Soifer
(medical)
Donna M. Ferriero
(medical)
Barry Ben-Zion Ph.D.
(technical)
Rochelle B. Wolk
(medical)
Peggy Sue Weintrub
(medical)
Defendant
Creig S. Hoyt
(medical)
Ann W. Moxley
(medical)
Joseph T. Capell M.D.
(medical)
Andrew M. O'Brien
(technical)
Jerald H. Udinsky
(technical)
Deborah Sedberry
(medical)
John Knowels
(medical)
Rowena K. Korobkin
(medical)
Arlee Maier
(medical)
Larry Frankel
(medical)
Margaret Jane Miller
(medical)
Facts
Plaintiff, now age 8, was taken to a pediatrician on December 2, 1986, with a history of 22 hours of gastrointestinal distress. Initial examination revealed a moderately to severely dehydrated infant. The child was transferred to an emergency room under the care of the initial treating pediatrician, and efforts to start intravenous rehydration were made. Those efforts failed and were ultimately discontinued. Three hours and thirty minutes after the child's first presentation to the pediatrician, the child was transferred by ambulance to another facility, where he came under the care of a second pediatrician. Efforts to assess and treat the condition of increasing dehydration continued. Eventually, at 8:30 p.m., five hours and ten minutes after initial presentation to the first pediatrician, a subclavian intravenous line was successfully placed. By then, the child was in a condition of near respiratory arrest and profound shock. He was ultimately transferred to a tertiary care facility, where he remained in a coma for six days.
Settlement Discussions
No offers or demands were disclosed.
Injuries
Cortical visual impairment, residual brain injury producing low-average to borderline intelligence test scores, language processing deficiencies.
Other Information
The entire settlement was paid on behalf of the first treating physician and the first facility to which the child was taken; no portion of the settlement was contributed by the physician receiving the child after transfer.
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