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CONFIDENTIAL

Mar. 14, 1998

Personal Injury
Wrongful Death
Negligent Birth

Confidential

Settlement –  $325,000

Judge

Michael B. Rutberg

Court

L.A. Superior Compton


Attorneys

Plaintiff

Philip Michels
(Michels & Lew)


Defendant

Bruce N. Miller

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.


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