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CONFIDENTIAL

Mar. 16, 1996

Personal Injury (Non-Vehicular)
Medical Malpractice
Negligent Birth

Confidential

Settlement –  $300,000

Judge

Philip E. Schwab

Donald C. Brown

Vincent V. Dalsimer

Court

Confidential


Attorneys

Plaintiff

Del D. Hovden


Defendant

Robert K. Warford


Experts

Plaintiff

William K. Hummer
(medical)

William D. Goldie
(medical)

Donna M. Barras
(medical)

Sandra Schneider
(technical)

Vickie Twitchell
(medical)

Peter Formuzis Ph.D.
(technical)

Defendant

Glenn W. Fowler
(medical)

Alfred D. Chichester
(technical)

James H. Frudenfeld
(medical)

Chang Song
(medical)

Michael S. Adams
(technical)

Facts

On April 20, 1991, the plaintiff mother presented to the defendant hospital in labor. The plaintiff mother had an uneventful prenatal course. The plaintiffs alleged that during delivery, the defendant obstetrician pulled excessively on the plaintiff baby's head, causing a brachial plexus injury. The plaintiffs brought this action against the defendants based on medical malpractice theories of recovery.

Settlement Discussions

The plaintiffs made no settlement demand. The defendants made no settlement offers.

Specials in Evidence

(paid by Medi-Cal) $300,000 $85,000 (present value)

Damages

The plaintiff mother alleged emotional distress damages.

Injuries

The plaintiff baby alleged that she suffered a brachial plexus injury resulting in nerve graft surgery and muscle transfer surgery as a result of the defendants' medical negligence.

Other Information

The award was reached approximately three years and four months after the case was filed. Per the plaintiffs, the arbitration was delayed because of a muscle transfer surgery to the plaintiff baby in August of 1995. By the time of the arbitration, the plaintiff baby had made an excellent recovery.


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