Leon Phillips, Rachelle Phillips v. Kaiser Foundation Health Plan Inc.
Published: Mar. 11, 2003 | Result Date: Oct. 23, 2002 | Filing Date: Jan. 1, 1900 |Case number: A10880814 Arbitration – $1,000,120
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Marvin E. Ament
(medical)
Ali Kavianian
(medical)
Defendant
Michael S. Adams
(technical)
Gerald Gallin
(medical)
Facts
The then pregnant claimant underwent a uterine ultrasound on Sep. 7, 1999. The ultrasound disclosed that the fetus had an abdominal wall defect consisting of a large omphalocele outside of the body with a thin membrane covering the liver and a large portion of the bowels. Genetic testing disclosed that there were no chromosomal defects. The claimants were referred to the Hanson Wang at Kaiser Fontana. Dr. Wang discussed the options to repair the birth defect. One option was a "staged reduction" in which the abdominal skin and muscle is stretched over time and then when there is enough to cover the omphalocele it is closed. The second option was a "primary reduction" where the omphalocele is pushed into the body, then the muscle and the skin is closed. Dr. Wang testified that he would decide which method to use after the child was born. On Jan. 13, 2000, the decedent (Renca Phillips) was born in the early afternoon. The omphalocele was measured as approximately 5 inches in diameter. Several hours after the birth, she was taken to the operating room for reduction of the omphalocele. Dr. Wang performed a primary reduction type of surgery of the omphalocele. Following the surgery it was noted that there was discoloration to the right lower extremities as well as her urinary output was negligible. The following day at 4:59 p.m., the decedent was returned to surgery for a release of the muscle layer of the abdomen, to lessen the pressure in the abdominal cavity. The child still continued to deteriorate. She was airlifted to UCLA on January 15, where she died on the following day from multi-system organ failure.
Settlement Discussions
The claimants demanded $250,000, which was reduced to $170,000 after arbitration. The respondents formally offered $50,000 and later indicated the possibility of $100,000. The respondents withdrew their offer at the start of arbitration.
Result
The arbitrator, James J. Alfano of Judicate West, found that the claimants sustained $1 million in general damages. He found that the case of McAdory v. Rogers applied as to when defense off-set of child rearing expenses is applied, which is before application of MICRA. The ultimate award was reduced to $250,000 per MICRA.
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