Paulina Salgado, Jabes Salgado v. County of L.A.
Published: Oct. 9, 1993 | Result Date: Sep. 14, 1993 | Filing Date: Jan. 1, 1900 |Case number: SCC22624 – $685,000
Court
L.A. Superior Compton
Attorneys
Plaintiff
Defendant
N. Denise Taylor
(Taylor DeMarco LLP)
Experts
Plaintiff
Karen Smith
(technical)
John H. Menkes
(medical)
Edward L. Bennett M.A.
(technical)
John H. Menkes
(medical)
Defendant
Perry R. Lubens M.D.
(medical)
Marshall Kadner M.D.
(medical)
Thomas J. Grogan M.D.
(medical)
Alfred D. Chichester
(technical)
Facts
Plaintiff mother, Paulina Salgado, 38 years of age, was admitted to Defendant Harbor General Hospital in labor at 38 weeks gestation. She had delivered 13 prior babies, was an insulin dependent gestational diabetic, and the fetus was presumed macrosomic by prior ultrasound examination and physical examination. On the date of admission, the estimated fetal weight was 3,460 grams by ultrasound and 3,900 grams by clinical examination. After three hours of labor at the hospital, the Plaintiff newborn boy's head delivered and was stuck at perineum for 3-4 minutes. A family practice second year resident was in attendance; a senior resident completed the delivery. Plaintiff newborn, Jabes Salgado, was permanently injured during the birth. An obstetrical fellow admitted liability in the mother's record following the delivery.
Settlement Discussions
Plaintiffs contended that they made no demand and that Defendants offered $175,000. Defendant contends that Plaintiff's statutory demand of $800,000 was reduced to $250,000 before trial.
Specials in Evidence
$303,000 $303,000 $218,000
Injuries
Fracture left humor requiring close reduction; right Erb's Palsy (permanent) to Plaintiff infant. Emotional distress injuries to Plaintiff mother.
Result
Jabes past pain and suffering $10,000; future pain and suffering $550,000; LOE $0; future medicals $50,000 present value, $112,000 total value. Paulina Salgado emotional distress $75,000 (will be reduced to approximately $175,000 total per MICRA general damage limitation and periodic payments). Defense verdict as to Defendant Karen Koe, M.D.; non-suit as to Defendant Harold Henry, M.D.
Deliberation
3 days
Poll
9-3
Length
11 days
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