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Personal Injury
Medical Malpractice
Birth Injury

Sakhr Ibrahim, Alia Saad v. Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals, Southern California Permanente Medical Group

Published: Feb. 9, 2008 | Result Date: Nov. 14, 2007 | Filing Date: Jan. 1, 1900 |

Arbitration –  For Respondents

Attorneys

Claimant

William M. Paoli
(Paoli & Purdy, PC)


Respondent

Michael J. Trotter
(Carroll, Kelly, Trotter & Franzen)


Experts

Claimant

Felice Gersh
(medical)

Respondent

William A. Frumovitz
(medical)

Facts

On Jan. 20, 2006, Ms. Saad presented complaining of pain and decreased fetal movement. She specifically requested that she be considered for a caesarean section at that time. She was at full term and was seen by a mid-wife.

On Feb. 3, 2006, the claimant presented complaining of no fetal movement and it was determined she had a intrauterine fetal demise.

Contentions

CLAIMANTS' CONTENTIONS:
The claimants alleged that the Kaiser respondents failed to diagnose and treat her pregnancy-induced hypertension leading to the demise of her fetus. In particular, the claimant alleged she was a high-risk pregnancy and should have been monitored more closely by a perinatologist. Specifically, the claimant alleged that she complained of decreased fetal movement on two occasions on Jan. 20 and Jan. 30, 2006. She claimed that on Jan. 20, she should have undergone a complete biophysical profile rather than a modified biophysical profile and after Jan. 20, some type of frequent, systemic monitoring should have been implemented. The claimant alleged that when she returned on Jan. 30, she was evaluated only by a midwife and was not referred to be evaluated by an obstetrician or referred for any obstetrical testing.

RESPONDENTS' CONTENTIONS:
The respondents contended that the care and treatment that was provided was at all times appropriate. Specifically, the respondents maintained that the claimant never had pregnancy-induced hypertension as she never fit the definition based on her blood pressure and lack of proteinuria. The respondents maintained that she received appropriate prenatal care and that the fetal demise was a result of an undiagnosed, rare hereditary condition, "Factor V Leiden." This condition was not diagnosable or preventable.

Settlement Discussions

The claimant demanded $250,000. The respondents made no offer.

Specials in Evidence

$15,000;

Result

Award for the respondents.


#119729

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