Facts

E.R. a minor, by and through his Guardian ad Litem, Carolyn Young, sued Sutter Davis Hospital, Sutter Medical Group, and Susan Maayah, M.D., in connection with a childbirth injury.

The hospital filed a third-party claim against Salud Clinic, where plaintiff's mother obtained her prenatal care, and the midwives. The federal government deemed cross-defendants as public employees and therefore removed the case to federal court. The federal government also substituted in as a cross-defendant. The district court ultimately granted the federal government's motion for summary judgment. Eventually, the hospital settled out of the case and the matter continued against Dr. Maayah and Sutter Medical Group only.

PLAINTIFF'S CONTENTIONS:
Plaintiff was born on Feb. 3, 2010, via C-section. Earlier that morning, plaintiff's mother presented to the hospital in early labor and developed hypertension as a result of her pregnancy, which then prompted the on-call OB/GYN to commence induction. Because plaintiff's mother received prenatal care from nurse-midwives and her labor and delivery was to be handled by the midwives, the midwives continued to manage mother's labor. Plaintiff's fetal heart tracings were otherwise normal until around 10:41 p.m. when plaintiff suffered a sudden fetal bradycardia. Defendants conducted intrauterine resuscitation, but plaintiff did not respond. As a result, defendants called for a C-section. However, before defendants could continue, plaintiff's mother suddenly became unstable, as she had developed an amniotic fluid embolus, causing her amniotic fluid to enter her bloodstream. Also as a result, plaintiff suffered from lack of oxygen. Consequently, plaintiff sued defendants for medical malpractice.

DEFENDANTS' CONTENTIONS:
Defendants contended that the complication mother suffered was not foreseeable and that it did not cause the injury plaintiff suffered. Defendants denied breaching the standard of care. Defense contended that plaintiff's amniotic fluid embolus is a rare obstetrical complication that occurs in approximately 7/100,000 births, but is not well understood.

Settlement Discussions

Young demanded $23 million in global settlement, which defendants countered with a waiver of costs.

Damages

Young sought $356,580 in past medical expenses and $18,286,514 in future medical expenses, plus $1,289,425 for E.R.'s loss of earning capacity. Young also sought damages for past and future pain and suffering. In sum, Young sought about $24 million in total damages on E.R's behalf.

Injuries

E.R. suffered from brain damage, resulting in spastic quadriplegia and cerebral palsy. He also suffered from a seizure disorder.

Result

The jury rendered a verdict in favor of the defense, finding none of them negligent.