Confidential
Settlement – $1,000,000Judge
Court
Stanislaus Superior
Attorneys
Plaintiff
Amy Fisch Solomon
(Judicate West)
Defendant
Experts
Plaintiff
Jeanne C. Heyerick
(medical)
Ronald S. Gabriel M.D.
(medical)
James E. Davis
(medical)
Laura Mahlmeister
(medical)
Defendant
Richard Naeye
(medical)
Davis Baldwin
(medical)
Patrick F. Mason Ph.D.
(technical)
Facts
On May 21, 1993, the plaintiff mother was admitted to the defendant hospital in active labor. The initial fetal heart monitor strips were worrisome. Approximately two hours later, the fetus sustained a severe and prolonged bradycardia of 60 bpm. with very slow recovery. Another hour and a half later, the plaintiff baby was delivered by cesarean section. The plaintiffs, the mother and baby, brought this action against the defendants, the hospital and the doctor, based on medical negligence, professional malpractice and negligent infliction of emotional distress theories of recovery.
Settlement Discussions
There were no settlement discussions prior to the mediation.
Specials in Evidence
$33,000 approximately $500,000 (present value)
Injuries
The plaintiff baby alleged that he was diagnosed (at birth) with hypoxic ischemic encephalopathy with seizure activity, resulting in severe developmental delay. The plaintiff baby also alleged that a CT scan has shown secondary craniosynostosis. The plaintiff mother alleged that she suffered emotional injuries resulting from the negligent birth of her son.
Other Information
The settlement was reached approximately two years and one month after the case was filed. A mediation was held on June 20, 1996, before Justice Panelli, retired, of JAMS/Endispute resulting in the reported settlement.
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