Confidential
Settlement – $1,900,000Judge
Court
King Superior
Attorneys
Plaintiff
Defendant
John C. Graffe
(Johnson, Graffe, Keay, Moniz & Wick LLP)
Experts
Plaintiff
Mary Lynn Pannen
(technical)
Terry Gernsheimer
(medical)
Albert Yellin
(medical)
Joyce Mauk
(medical)
David Reisbord
(medical)
Lowell Bassett
(technical)
Defendant
John Skelton
(medical)
Thomas Benedetti
(medical)
David R. Knowles
(technical)
Leonard Hudson
(medical)
Alisa D. Gean M.D.
(medical)
Tracy Spencer
(medical)
Facts
Plaintiff, a 23-year-old mother with her first pregnancy, went to the defendant hospital in labor. There was an arrest of descent, and a cesarean section was performed. The cesarean section was complicated by severe blood loss. The mother seemed to recover uneventfully for the first day but then began to have respiratory problems. These respiratory problems progressed to acute respiratory disease syndrome (ARDS). In addition, the mother suffered many other complications in other organs and remained hospitalized for several months. About one month after the complications began, she suffered severe brain damage mostly in her right hemisphere causing a left-sided hemiparesis (muscle weakness on one side of the body). The baby was, and is, normal. The plaintiffs, mother, husband and baby, brought this medical malpractice against the defendant hospital.
Settlement Discussions
The plaintiffs made a settlement demand for $_________. The defendant made an offer of $__________ .
Specials in Evidence
not disclosed $_________ $_________ $_________
Injuries
Plaintiffs claimed that because of the brain damage, plaintiff mother was left with no ability to care for herself or her child. She is currently cared for by her sister, who is also raising the child. Plaintiff and her husband are now separated.
Other Information
A pretrial mediation was held on Nov. 6, 1997, before Judge Burdell, resulting in no settlement. Judge Burdell continued to assist the parties to negotiate, however, and the settlement was reached several weeks later. The trial was scheduled to begin on Jan. 20, 1998. The settlement was reached approximately one year and six months after the case was filed.
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