Confidential
Settlement – $325,000Judge
Court
L.A. Superior Compton
Attorneys
Plaintiff
Philip Michels
(Michels & Lew)
Defendant
Rene M. Faucher
(Gray Duffy LLP)
Experts
Plaintiff
Ian Ross Donald
(medical)
Defendant
William A. Frumovitz
(medical)
D. Gene Parks M.D.
(medical)
Facts
On Aug. 2, 1994, plaintiff, a 24-year-old pregnant woman, presented to defendant hospital in labor. At approximately 2:40 a.m., evidence of fetal distress occurred. The nurse called defendant doctor (uninsured) at 2:50 a.m. to evaluate plaintiff. Plaintiff alleged that at 3:20 a.m., (the defendant changed clothes first) defendant ordered a crash cesarian section. Defendant alleged he ordered a DVC-section at 3:20 a.m. A cesarian section was performed at 4:08 a.m. The plaintiffs claimed the infant died as a result of the delay. The plaintiffs brought this wrongful death action against defendants based on negligent infliction of emotional distress, medical negligence and loss of consortium theories of recovery.
Settlement Discussions
Per plaintiffs, they made a settlement demand for $450,000. The defendants offered nothing.
Damages
The plaintiffs both claimed wrongful death; the mother claimed negligent infliction of emotional distress; the father claimed loss of consortium.
Injuries
Death of an infant.
Other Information
The settlement was reached approximately two years after the case was filed. MEDIATION: A 10 hour mediation was held on Dec. 19, 1997, before Judge Michael B. Rutberg resulting in the reported settlement.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390