Confidential
Settlement – $1,000,000Mediator
Court
Orange Superior
Attorneys
Plaintiff
Gregory A. Patton
(Patton Mosier)
Defendant
David A. Winkle
(Murchison & Cumming LLP)
Facts
The plaintiff in this case, a 17-year-old girl, gave birth to a baby boy at the defendant hospital. Labor was augmented with Pitocin. The defendant hospital's nurses violated the order for administration of Pitocin by administering excessive medication both in dosage and frequency. This resulted in uterine hyperstimulation causing uteroplacental insufficiency. The baby boy was born with depressed Apgar scores and required extensive resuscitation. The plaintiffs brought this action against the defendants based on a medical negligence theory of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $1 million (policy limits) on the defendant obstetrician. The plaintiff also made a C.C.P. º998 demand of $1 million on the defendant hospital.
Injuries
The baby boy suffered severe hypoxic encephalopathy resulting in spastic quadriparesis, cortiel blindness, loss of hearing, and placement of gastric feeding tube. The plaintiff's expected life span is 10 to 12 years.
Other Information
The settlement was reached approximately one year after the case was filed. A mediation was held before Joseph Thielen resulting in the reported settlement.
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