Alejandro and Guadalupe Mendo v. Dilip Patel, M.D.
Published: Apr. 11, 1998 | Result Date: Mar. 27, 1998 | Filing Date: Jan. 1, 1900 |Case number: GC017001 Verdict – $0
Judge
Court
L.A. Superior Alhambra
Attorneys
Plaintiff
Defendant
Michael J. Trotter
(Carroll, Kelly, Trotter & Franzen)
Experts
Plaintiff
Richard H. Breiner
(medical)
Defendant
Craig Towers
(medical)
Facts
On Nov. 16, 1989, Guadalupe Mendo, a 34-year-old woman, pregnant with her fifth child, received her prenatal care from defendant Dr. Dilip Patel. Guadalupe Mendo was diagnosed with gestational diabetes, and late in the pregnancy, was referred to perinatologist Dr. Helen Rodriguez for treatment of the gestational diabetes and possible macrosomia. Early ultrasounds placed the estimated date of confinement at June 24, 1990, whereas ultrasounds performed by Rodriguez put the estimated date of confinement at June 4, 1990. On June 7, 1990, the ultrasound revealed a 3753-gram baby, and Rodriguez believed the pregnancy, by all parameters, was at 40 weeks, and she recommended that the pregnancy not go beyond 41 weeks. The patient was ultimately induced by defendant Patel on June 21, 1990 and after a normal labor, gave birth to a baby boy - 11 pounds, 7 ounces. During delivery, a shoulder dystocia presentation was encountered and the baby was born with a permanent Erb's Palsy. The plaintiffs brought this action against the defendant based on a negligence theory of recovery. The trial was bifurcated.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $125,000. The defendant made no offer of compromise (no consent).
Damages
The plaintiffs claimed in damages _____________.
Injuries
The plaintiff infant suffered a permanent right Erb's palsy.
Other Information
The verdict was reached approximately two years after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held in November 1997 before Judge Coleman Swart. It did not resolve the matter.
Deliberation
two days
Poll
9-3 (liability)
Length
five days
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