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CONFIDENTIAL

Oct. 24, 1998

Personal Injury
Medical Malpractice
Negligent Birth

Confidential

Settlement –  $3,500,000

Court

L.A. Superior Pasadena


Attorneys

Plaintiff

Russell S. Kussman


Defendant

David J. Weiss
(Law Offices of David J. Weiss)

C. Snyder Patin


Experts

Plaintiff

Donna M. Barras
(medical)

Raymond G. Schultz
(technical)

Larry M. Cousins
(medical)

William A. Frumovitz
(medical)

Vickie Twitchell
(medical)

Ronald S. Gabriel M.D.
(medical)

Defendant

Harriet T. Cokely M.D.
(medical)

Allen Entin
(medical)

Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)

Facts

On July 27, 1996, the plaintiff's mother went to the defendant hospital, under the care of the defendant obstetrician. Her baby developed fetal distress, but neither the nurse or the doctor recognized it nor took steps to expedite delivery. As a result, brain damage occurred due to a lack of oxygen. The plaintiff brought this action against the defendant based on a medical negligence theory of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $4 million. The defendant made an offer of $2 million.

Specials in Evidence

$_____ $ _____ $ _____ $ _____

Damages

Future medical for $3.5 million (approximately), future loss of earnings approximately $1 million.

Injuries

The plaintiff is brain damaged with cerebral palsy.

Other Information

The settlement was reached approximately one year and four months after the case was filed.


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