Facts

Plaintiff Genell Bennet filed suit against Kevin Rine, M.D., OB/GYN, Catholic Health Care West, St. Joseph's Medical Center, claiming they caused her daughter plaintiff Olivia Oliver, now 11 years old, injury during her birth.

PLAINTIFF'S CONTENTIONS:
Oliver contended that she was injured due to the negligence of Dr. Kevin Rine. Plaintiff claimed that Dr. Rine fell below the standard of care by failing to allow a natural birthing process, premature and mismanaged use of the vacuum extractors, failure to take proper steps when a shoulder dystocia occurred, failing to seek extra help, failing to do a McRoberts maneuver, and failing to do a Wood's screw maneuver.

Plaintiff was injured when the shoulder became impacted and the vacuums created great pressure on the shoulder causing nerve damage. Plaintiff claimed that this would cause her a loss of future income.

DEFENDANT'S CONTENTIONS:
Defendant contended that Dr. Rine took all proper steps in the birth and the injury occurred without the presence of negligence.

Injuries

Oliver was injured at birth and sustained a brachial plexus injury, which has left her permanently disabled in her left hand.

Result

The jury rendered a unanimous verdict for plaintiffs, awarding them $5,510,757 against Dr. Rine.

Other Information

This case is subject to the MICRA laws and defendant has filed a motion to reduce the non-economic award to $250,000. FILING DATE: Feb. 25, 2011.

Poll

12-0 (for plaintiff on all liability issues)

Length

five weeks