Vanessa Brehio, Noah Brehio v. Helene Spivak, Petaluma Valley Hospital
Published: Nov. 30, 2004 | Result Date: Sep. 8, 2004 | Filing Date: Jan. 1, 1900 |Case number: SCV227181 Verdict – $0
Judge
Court
Sonoma Superior
Attorneys
Plaintiff
Defendant
David R. Lucchese
(Galloway, Lucchese, Everson & Picchi)
Experts
Plaintiff
James Heinrich
(medical)
Defendant
Bruce Flamm
(medical)
Jeffrey P. Phelan
(medical)
Facts
In 1997, Vanessa Brehio, 34, gave birth to a child by cesarean section. In 2000, she once again became pregnant. Obstetrician Helene Spivak was provided her with prenatal care. Brehio wanted to deliver the second baby vaginally rather than by another c-section. She was aware that a vaginal delivery might cause the scar on her uterus from the first delivery to rupture. She was not aware, however, that a uterine rupture may cause her baby to suffer brain damage or die. Brehio was admitted to Petaluma Valley Hospital where she went into labor. During this time, her uterus ruptured while Spivak was on her way to the hospital. An emergency c-section was performed, but the baby was born with brain damage and subsequently died three days later. The Brehios sued Spivak and Petaluma Valley Hospital for medical malpractice.
Settlement Discussions
The plaintiff demanded $250,000. Defendant Spivak offered waiver of costs.
Damages
The plaintiffs claimed damages for the wrongful death of their infant son.
Result
Defense
Deliberation
two hours
Poll
12-0 (Spivak), 11-1 (Petaluma Valley Hospital)
Length
10 days
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