Facts

Aidan Ming-Ho Leung was born a healthy child on March 24, 2003 at Verdugo Hills Hospital. Aidan scored nine of nine on a general newborn health test. However, Aidan had numerous conditions that placed him at high risk to develop kernicterus, a neurological disorder caused by severe jaundice.

Beginning at least two years before Aidan was born, all the major medical organizations (including the Centers for Disease Control and Prevention, the American Academy of Pediatrics, the National Association of Neonatal Nurses, and the Joint Commission on Accreditation of Healthcare Organizations) published national alerts warning about the increasing threat of kernicterus faced by newborns. These alerts included recommended strategies and guidelines for the prevention of kernicterus, which had been published by the AAP back in 1994. The alerts called for all hospitals to make sure that they had appropriate policies and procedures in place to assess, diagnose, and treat at risk infants to protect them from the devastating effects of kernicterus.

Although VHH management admittedly was aware of the national alerts, it failed to implement any policies and procedures in response thereto. Indeed, VHH management admittedly failed to even consider the recommendations and took no steps to increase awareness to protect at risk infants like Aidan. As a result of VHH's failure to consider or adopt appropriate polices and procedures concerning kernicterus, VHH's medical staff, including Dr. Nishibayashi, failed to assess and identify Aidan as an at-risk child, failed to warn his parents about the dangers that he faced from kernicterus, and failed to recommend proper monitoring, testing, and treatment which would have prevented his brain injuries.

Moreover, the defendants gave Aidan's parents bad advice that harmed Aidan. VHH's medical staff advised the Leungs that jaundice was harmless, temporary, and would have no lasting effect on Aidan's health. VHH also wrongly advised the Leungs concerning several major risk conditions that Aidan had. For example, Aidan had cephalohematomas on his head when he was born. These are bruises, which came about during his delivery through the birth canal. Such bruises can generate high levels of bilirubin, which increases the risk of severe jaundice and kernicterus. Rather than warn the Leungs about this major risk factor, VHH's medical staff advised the Leungs that the bruises were nothing to worry about and were not dangerous to their baby.

When Aidan developed jaundice shortly after his birth, VHH's medical staff advised his parents that it was harmless and would go away on its own after a few days. The Leungs trusted this advice and did not bring Aidan into the emergency room right away. But after just two days, Aidan suffered severe jaundice and had to be admitted into the emergency room where his bilirubin level was found to be off the charts. Had Aidan received timely and proper treatment immediately, his injuries would have been avoided. As a result of their negligence, Aidan is a 4-year-old boy of normal intelligence who is trapped in a body that does not work. He cannot walk, talk, sit, stand, reach for toys, or feed himself. He will need a lifetime of care because of his injuries.

PLAINTIFF'S CONTENTIONS:
Aidan developed kernicterus because the defendants failed to properly diagnose his conditions, failed to adequately warn his parents, and failed to provide timely treatment, which would have prevented his brain injuries.

Settlement Discussions

Prior to trial, the plaintiff made a C.C.P. Section 998 offer to compromise to Verdugo Hills Hospital for $2.4 million. VHH rejected the C.C.P. Section 998 offer and offered $50,000 to settle during a settlement conference. Thereafter, VHH made a C.C.P. Section 998 offer to compromise for $250,000. Dr. Nishibayashi settled prior to trial.

Injuries

Significant brain damage, cerebral palsy and motor impairment requiring a lifetime care and treatment.

Result

The jury awarded damages of $78,376 for past medicals; $82,782,000 for future medicals (with a present cash value of $14 million); $13.3 million for future lost earnings (with a present cash value of $1,154,000) and general damages of $250,000.

Other Information

The jury found Verdugo Hills Hospital to be 40 percent liable, Nishibayashi to be 55 percent liable and the Leungs 5 percent liable.

Deliberation

two weeks

Poll

9-3

Length

six weeks