Martha Cerda and Francisco Cerda v. Olive View-UCLA Medical Center
Published: Feb. 19, 2000 | Result Date: Oct. 1, 1999 | Filing Date: Jan. 1, 1900 |Case number: LC043077 Verdict – $5,500
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Michael C. Zellers
(Tucker Ellis LLP)
Experts
Plaintiff
William K. Hummer
(medical)
Defendant
Stuart Fischbein
(medical)
Facts
Plaintiff Martha Cerda was a 36-year-old woman who had been pregnant four times, with three miscarriages and an ectopic pregnancy in 1994 which resulted in the loss of her right fallopian tube. During her fifth pregnancy, she was treated by defendant Kim Beauchamp, M.D. for complaints of vaginal bleeding and pain. On Feb. 4, 1997, Dr. Beauchamp sent Cerda to Olive View-UCLA Medical Center for a suspected ectopic pregnancy. An OB/GYN resident confirmed an ectopic pregnancy via ultrasound and scheduled a diagnostic laparoscopy. On Feb. 5, 1997, while plaintiff awaited the procedure, her blood pressure and hematocrit decreased and she was taken to the operating room on an urgent basis. A left salpingostomy was unsuccessful, so a left salpingectomy was performed without complications.
Settlement Discussions
The plaintiff demanded $150,000 each from defendant Olive View and $75,000 each from defendant Beauchamp pursuant to C.C.P. Section 998. The defendants made no offers.
Injuries
Martha Cerda suffered a loss of fertility, while Francisco Cerda allegedly suffered loss of consortium.
Other Information
The jury found that Dr. Beauchamp was negligent, but plaintiffs were awarded no damages for future pain and suffering or loss of fertility. Martha Cerda was found 40 percent at fault, Francisco Cerda was found 10 percent at fault. Thus, plaintiffs were entitled to $5,500 of the $11,000 verdict. The verdict was reached approximately one year and 10 months after the case was filed.
Deliberation
three days
Poll
11-1 (negligence in favor of defendant Olive View)
Length
nine days
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