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Personal Injury
Medical Malpractice
Negligent Birth

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

Mortimer Franciscus

Court

L.A. Superior Alhambra


Attorneys

Plaintiff

Mark A. Burke


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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