Confidential
Settlement – $0Court
L.A. Superior Compton
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Donna Barras
(medical)
Robert L. Podosin
(medical)
Defendant
John H. Menkes
(medical)
Facts
On May 14, 1992, plaintiff, a 7-month-old baby, was brought to the emergency room with breathing difficulty. Plaintiff was experiencing bronchospasm secondary to a foreign object in the esophagus. Chest X-rays revealed a coin in the upper third of the esophagus. Two pediatric gastroenterologists performed an upper endoscopy and esophagogastroscopy coin extraction. The baby was sedated, and a video endoscope was advanced into the upper esophagus under direct visualization. The coin was identified, however, because of difficulty in grasping the coin, the coin was pushed into the distal esophagus. During this time, the baby allegedly was not monitored with a pulse oximeter. According to the operative report, the esophagus was noted to be pulsating during the later stages of the coin removal. Upon returning the baby over to remove the bite block, it was noted that the child was not breathing and had turned cyanotic. A code was called and the baby was bagged and ventilation was established within one minute. The post-operative diagnosis was hypoxic encephalopathy, cardiopulmonary arrest and metabolic acidosis subsequent to anoxia. While in the pediatric intensive care unit, the baby had an episode of seizure-like activity. The baby was discharged on June 3, 1992, with a diagnosis of hypoxic encephalopathy with discharge indicating that the baby had made slow progress. The plaintiff brought this action against the hospital and the two doctors based on a medical negligence theory of recovery.
Settlement Discussions
Settlement discussions were not disclosed.
Specials in Evidence
$100,000 (governmental entity lien in the amount of approximately $30,000 for payment of all medical expenses. Nearly 90 percent of the medical bills reflect costs in the acute phase). $1,034,779 $804,000 (present value of earnings based on a high school degree) $1,034,779
Injuries
Plaintiff is developmentally delayed but attends school and is able to walk and talk.
Other Information
MEDIATION: A mediation was held on April 22, 1997 before Joseph Thielen resulting in a tentative settlement which was subsequently approved by the court on Nov. 5. The settlement included the establishment of a special needs trust for the child, which is partially funded by an annuity which will yield payments for a period of 30 years guaranteed in excess of $1,346,064.36, with a potential lifetime yield of $8,563,619.46 (if plaintiff lives to a normal life expectancy). The settlement was reached approximately three years and 11 months after the case was filed.
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