Confidential
Settlement – $1,250,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Gregory A. Patton
(Patton Mosier)
Defendant
Richard J. Ryan
(R.J. Ryan Law APC)
Experts
Plaintiff
Glenn W. Fowler
(medical)
Barry S. Schifrin
(medical)
David J. Weiner M.B.A., AM
(technical)
Donna M. Barras
(technical)
Defendant
Theodore Vavoulis
(technical)
Jeffrey P. Phelan
(medical)
Michael P. Nageotte M.D.
(medical)
Perry R. Lubens M.D.
(medical)
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)
Howard C. Rile Jr.
(technical)
D. Gene Parks M.D.
(medical)
Facts
On Sep. 17, 2000, at 9:30 p.m., the 31-year-old mother of the then unborn claimant presented to the defendant Hospital Roe to deliver her baby. The following morning at 8:00 a.m., the defendant Dr. Doe ordered Pitocin for augmentation of labor. At approximately 1:30 p.m., the expectant mother was dilated 3 to 4 centimeters. Dr. Doe examined the expectant mother at 6:00 p.m., at which time she, despite the use of increasing levels of Pitocin, remained at 4 centimeters dilation. There was a clear failure to progress at this point in time. Dr. Doe testified in his deposition that his plan was to continue to wait for a vaginal delivery despite the fact that the expectant mother had two previous C-sections. At 8:00 p.m., fetal heart tracings showed decelerations and tachycardia. The nurses attempted to page Dr. Doe at this time repeatedly. Dr. Doe was finally reached at 8:24 p.m. and was informed of the fetal distress. The patient's uterus ruptured and an emergency C-section was performed at 8:36 p.m. with Apgar scores of 1, 3 and 4.
Settlement Discussions
Prior to a voluntary settlement conference held in November, 2002, the claimants submitted C.C.P. Section 998 offers as follows: to the Hospital Roe - $1 million as to the infant, and $250,000 as to the mother. To Dr. Doe - $900,000 as to the infant and $100,000 as to the mother. These offers aggregated $2,250,000. At the voluntary settlement conference, Hospital Roe paid $750,000 and Dr. Doe submitted an offer of $500,000 which was accepted in January, 2003. Michael Moorhead, Esq. mediated the case.
Specials in Evidence
$475,258 (present cash value) $2,849,132 (present cash value)
Injuries
The infant suffered hypoxia which caused him to be developmentally delayed. The mother suffered emotional distress.
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