Ryon Sheppard Jr., a minor by and through his Guardian ad Litem, Lashonn Sheppard, Lashonn Sheppard individually v. Luke Hsiao, M.D.
Published: Jan. 25, 2005 | Result Date: Dec. 8, 2004 | Filing Date: Jan. 1, 1900 |Case number: SCVSS093035 Verdict – $2,415,640
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Daniel P. Powell
(Thon, Beck, Vanni, Callahan & Powell)
Defendant
Jeffery W. Grass
(Davis, Grass, Goldstein & Finlay)
Experts
Plaintiff
J. Gordon McComb
(medical)
Raymond G. Schultz
(technical)
Sunil Patel
(medical)
Milan Stevanovic M.D.
(medical)
Robert L. Podison
(medical)
Thelma Yap
(medical)
Darryl R. Zengler M.A.
(technical)
Norman Schulman
(medical)
Defendant
Bruce Flamm
(medical)
Perry R. Lubens M.D.
(medical)
Ted Vavoulis
(technical)
Kimberly Bedell M.D.
(medical)
Facts
The defendant rendered all of the plaintiff La Shonn Sheppard's antepartum care. During the pregnancy, she had an elevated one hour glucola test suggestive of material diabetes. The defendant contended that he requested that the patient undergo the 3-hour glucola test to diagnose diabetes and the patient did not comply. The patient contended that she was never offered the 3-hour glucola test. During the pregnancy, there was a significant discrepancy between the fundal height measurement and the gestational age. The defendant felt that the child was macrosomatic and admitted the patient to the hospital on Sep. 18, 2001 to induce labor to terminate the pregnancy for possible macrosomia. The patient was admitted to St. Bernardine Hospital in San Bernardino at approximately 10:30 a.m. She was placed on the fetal monitor and Pitocin was administered. At approximately 1 p.m., the defendant Dr. Hsiao ruptured the bag of waters and placed internal fetal scalp electrodes. At this time, moderate to severe variable decelerations were noted. The patient was placed on her right side and administered oxygen. The fetal heart tone tracing returned to normal baseline. The Pitocin was discontinued. At approximately 2 p.m., the patient had an urge to push. The labor and delivery room nurse, Lisa Contreras, contacted Dr. Hsiao with information that it appeared that birth was imminent. Dr. Hsiao appeared at the patient's bedside at approximately 2:05 p.m. and detected a fetal heart tone pattern of moderate to severe variable decelerations. At this time, the fetal head was at the zero plus one station. Dr. Hsiao decided to attempt a mid-pelvic instrumented delivery using the Mityvac vacuum device. After delivering the fetal head at 2:14 p.m., a shoulder dystocia was documented by Nurse Contreras. There was no information as to what Dr. Hsiao did to relieve the dystocia with the next chart entry being delivery of a viable male at 2:16 p.m. At birth, the child was noted to have bruising on the trunk and lower extremities and a floppy right arm. The 1-minute Apgar was 2 but improved to 7 at 5 minutes and 8 at 10 minutes. Ryan Sheppard has a global brachial plexopathy involving C5, C6, C7, C8 and questionably T1. His MRI performed at 1 year 7 months was interpreted as normal. Ryon has almost no use of his right arm or hand.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $250,000; there were no offers.
Specials in Evidence
$285,000 (according to the plaintiff) and $75,000 (according to the defendant)
Damages
The defense argued that the child is not handicapped and will be able to be gainfully employed in the future. The plaintiffs argued that the plaintiff has suffered a permanent disability ranging from 35 percent to 60 percent with a resulting loss of earning capacity assuming various educational attainments from $312,300 to $1,700,400. The plaintiff LaShonn Sheppard made an emotional distress claim under Burgess.
Injuries
The child has a global brachial plexopathy of the whole arm type.
Result
The jury returned a verdict in the amount of $1 million in non-economic damages to Ryon Sheppard Jr. and $1 million non-economic damages for LaShonn Sheppard in connection with the emotional distress claim. The jury awarded Ryon Sheppard Jr. $291,000 present cash value, future loss of earnings and $124,635 present cash value for future life care/medical expenses. The jury found the defendant Luke Hsiao 90 percent at fault and the plaintiff LaShonn Sheppard 10 percent comparatively negligent.
Deliberation
four days
Poll
10-2 (various)
Length
nine days
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