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CONFIDENTIAL

Sep. 7, 1996

Personal Injury (Non-Vehicular)
Medical Malpractice
Negligent Birth

Confidential

Settlement –  $1,000,000

Judge

Edward A. Panelli

Court

Stanislaus Superior


Attorneys

Plaintiff

Amy Fisch Solomon
(Judicate West)

Robert M. Keese


Defendant

John Briegleb

J. Douglas VanSant


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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