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CONFIDENTIAL

Mar. 30, 1996

Personal Injury (Non-Vehicular)
Medical Malpractice
Negligence

Confidential

Settlement –  $1,604,000

Judge

Owen Lee Kwong

Kenneth W. Gale

Enrique Romero

Court

L.A. Superior Compton


Attorneys

Plaintiff

Robert Berke

Donald C. Randolph
(Randolph & Sampson, APC)

Michael I. Levanas
(ADR Services)


Defendant

Joe W. Hilberman
(ADR Services, Inc. )

Michael Kent Fox

Gregory Houle

John F. Grannis

Thomas V. O'Hagan


Experts

Plaintiff

Richard S. Gluckman
(medical)

Martin Wallin
(technical)

Peter Orner
(technical)

Tamorah Hunt
(technical)

Michael Smolens
(medical)

Aram Glorig
(medical)

Debra S. Borys
(medical)

J. Wilson Dick
(technical)

Defendant

Lawrence J. Richman J.D.
(medical)

Arthur Horkay
(technical)

Isabel Green
(medical)

William K. Hummer
(medical)

Barry J. Brock
(medical)

Michael P. Nageotte M.D.
(medical)

Margaret Jane Miller
(medical)

Allan Keith Miller
(technical)

Scott Carder
(medical)

Raymond Paladino
(technical)

Scott P. Serden M.D.
(medical)

Charles Imbus
(medical)

James T. Long
(medical)

Ellis C. Berkowitz
(medical)

Jean Lake M.D.
(medical)

Jacob E. Tauber M.D.
(medical)

Daniel D. Whitcraft III
(medical)

Robert W. Crommelin
(technical)

Calvin Haines
(technical)

Edward Nahabedian
(technical)

Barbara Luna
(technical)

Facts

On April 23, 1991, a traffic safety officer, employed by the defendant county allegedly made an illegal U-turn on a road under construction and collided with the plaintiff's vehicle. The plaintiff mother was eight months pregnant at the time. Her stomach struck the steering wheel upon impact, causing an abruption. The plaintiff mother was transported to the defendant hospital and ultimately to defendant hospital two. The defendant transportation department and company had an agreement with the defendant city, the owner of the easement, to perform the road construction work at the site. The plaintiff child was prematurely delivered at defendant hospital two by cesareian section and was allegedly injured at birth. The plaintiffs brought this action against the defendants based on medical malpractice and negligence theories of recovery.

Settlement Discussions

The plaintiffs made a $2,000,000 settlement demand which was reduced to an aggregate of $1,200,000 prior to trial (and then was withdrawn). The defendants made varying offers.

Specials in Evidence

$40,000 (plaintiff mother), $160,000 (plaintiff child) $_______ (plaintiff mother), $_______ (plaintiff child) $200,000 (plaintiff child) $_______ (plaintiff mother), $_______ (plaintiff child)

Damages

The plaintiffs claimed $_______________ in damages.

Injuries

The plaintiff child alleged that it suffered from impaired receptive learning abilities as a result of the accident. The plaintiff mother alleged that she suffered and will continue to suffer emotional distress and psychological trauma as a result of the accident.

Result

Settlement conferences were held beginning in August of 1995 through January of 1996, before Judge Owen Lee Kwong, retired, Enrique Romero and Kenneth Gafe resulting in a final settlement.

Other Information

The settlement was reached approximately three years and nine months after the case was filed. The plaintiff expert claimed she suffered traumatic stress disorder. The defendant's expert disagreed.


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