Chante Allen, Joshua Allen, a minor v. Berdine Li, Kaiser Foundation Health Plan Inc., Kaiser Hospital, Southern California Permanente Medical Group
Published: Jun. 1, 2005 | Result Date: Apr. 25, 2005 | Filing Date: Jan. 1, 1900 |Case number: DUM0002959 Arbitration – $582,692
Court
Case Not Filed
Attorneys
Plaintiff
Ronald M. Papell
(Law Offices of Ronald M. Papell)
Defendant
Michael J. Trotter
(Carroll, Kelly, Trotter & Franzen)
Experts
Plaintiff
Richard H. Anderson
(technical)
James T. Long
(medical)
Norman Schulman
(medical)
Nikki Chuml
(medical)
Joyce Elaine Pickersgill
(technical)
Andrea Morrison
(medical)
Defendant
Edward L. Workman
(technical)
Anne Taylor
(medical)
Perry R. Lubens M.D.
(medical)
Craig Towers
(medical)
Ted Vavoulis
(technical)
R. Clark Davis
(medical)
Facts
The subject suit is a medical malpractice action which arose as a result of a birth injury to the claimant Joshua Allen, which occurred during his delivery on May 13, 2002 by Berdine Li, M.D., at the Kaiser Bellflower Hospital. After Joshua's head delivered without incident, the child's shoulder became "hung up" in his mother's pelvis. This condition is known as shoulder dystocia and is a complication that is routinely relieved by the performance of certain maneuvers which free up the shoulders and permit the baby's body to deliver safely and without injury. A claim was also brought on behalf of Joshua's mother, Chante Allen, who, during the delivery of her child contemporaneously observed the panic and fear in the face of Dr. Li and the chaos in the delivery room. She sought damages for emotional distress.
Settlement Discussions
The plaintiffs demanded $700,000 ($100,000 for Chante and $600,000 for Joshua). There were no offers.
Specials in Evidence
$23,190 (Chante Allen) $471,384 present value and $175,776 present value of future vocational costs (Joshua Allen) $63,043 present value (Joshua Allen)
Injuries
After two surgeries, Joshua's Erb's palsy has not significantly improved. He was left with a severe injury which is both disfiguring and disabling. He will experience psychological trauma as a child and adolescent and will be clearly disadvantaged in seeking employment and in his activities of daily living.
Other Information
The arbitration was held before retired Judge Edward Kakita of Alternative Resolution Center.
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