Minor Plaintiff, through his Guardian ad Litem, Alicia Telles-Hernandez v. United States of America
Published: Apr. 3, 2010 | Result Date: Oct. 16, 2009 | Filing Date: Jan. 1, 1900 |Case number: 06CV03350(SBA) Bench Decision – $5,000,000
Court
USDC Northern
Attorneys
Plaintiff
Stanton T. Mathews
(Mathews Nissen LLP)
Defendant
Jonathan U. Lee
(Office of the U.S. Attorney)
Experts
Plaintiff
Wayne H. Lancaster
(technical)
Anne Barnes R.N.
(medical)
Donald Olson M.D.
(medical)
Patrick Barnes
(medical)
Philip E. Young
(medical)
Kimberly Bedell M.D.
(medical)
Defendant
Julian Parer
(medical)
Joseph T. Capell M.D.
(medical)
Gilbert I. Martin M.D.
(medical)
Marc D. Cohen
(technical)
Julian Parer
(medical)
Jerome Barakos
(medical)
Yvonne Wu
(medical)
Facts
A minor plaintiff, who is now seven-years-old, brought an action through his guardian ad litem, Alicia Telles-Hernandez, claiming that the management of his birth caused him injuries.
Contentions
PLAINTIFF'S CONTENTIONS:
The minor contended that defendant's delivery of him did not meet the standard of care because defendant permitted the mother to labor for an excessive amount of time, following the breaking of her membranes. The minor alleged that this caused an ascending infection. The minor also asserted that defendant should have performed an emergency C-section and that available information showed that such a procedure was needed.
DEFENDANT'S CONTENTIONS:
Defendant averred that the delivery of the minor was proper and that the minor's injuries were inevitable. Further, defendant alleged that the minor's final condition following birth fell within the ordinary risks and problems associated with labor.
Settlement Discussions
The minor demanded $3 million and the defense offered $100,000.
Damages
The minor sought the entire PCV of defendant Sutter Medical Center for the projected life expectancy and $250,000.
Injuries
The minor suffered brain injury, cerebral palsy, and a reduced life expectancy of over 60 years.
Result
The court awarded the minor $5,000,000.
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