Confidential
Settlement – $50,000Judge
Court
Confidential
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Andrew Smatko
(medical)
Defendant
William A. Frumovitz
(medical)
Facts
In July 1990, the claimant, a 29-year-old optician, gave birth to a baby boy weighing in excess of 9 pounds. This was her first child and it was delivered vaginally by physicians at the respondent hospital. After a routine midline episiotomy, some stool extruded from the claimant's vagina. A fourth degree rectal laceration was diagnosed. An obstetrical resident repaired the fourth degree laceration, but failed to prescribe prophylactic antibiotics. Several days later, the fourth degree laceration repair "broke down" leading to a rectal vaginal fistula. This was repaired by at the respondent hospital in January 1991, although the claimant complained of some problems even after the January 1991 repair. The claimants, the patient and her husband, brought this action against the respondent based on medical negligence, malpractice and loss of consortium theories of recovery.
Settlement Discussions
The claimants made a C.C.P. º998 settlement demand for $35,000. The respondent made no settlement offers, but indicated informally that it might pay $3,000 to $5,000 to help defray "costs".
Specials in Evidence
$___________ $___________ $___________ $___________
Injuries
The claimant wife alleged that she sustained a rectal-vaginal fistula for four months and then a possible pinpoint and perineal fistula.
Other Information
The award was rendered approximately four years and nine months after the case was filed.
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