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Personal Injury
Medical Malpractice
Birth Injury

Baby Doe v. Roe Doctor, Roe Healthcare, and Roe Hospital

Published: Jun. 30, 2017 | Filing Date: Jan. 7, 2011 |

Case number: 37-2011-00093873-CU-MM-CTL Settlement –  $2,575,000

Judge

John S. Meyer

Court

San Diego Superior Court


Attorneys

Plaintiff

Cynthia R. Chihak
(Cynthia Chihak & Associates)


Defendant

Jeffrey Doggett

Clark R. Hudson
(Neil Dymott Hudson, APLC)


Experts

Plaintiff

Robert Johnson
(Economics)

Luis Montes M.D.
(Pediatrics/psychiatry)

Ira T. Lott M.D.
( pediatric neurology)

Carol R. Hyland M.A.
(Vocational rehabilitation and life care planning)

Robert Gray Ph.D.
(child neuropsychology)

Barry Brock M.D.
(OB/GYN)

Defendant

Mary Kay Dyes M.D.
(Pediatric rehabilitation)

Kimberly Bedell M.D.
(Pediatric rehabilitation,)

Albert Phillips M.D.
(OB/GYN)

Linda D. Olzack R.N.
( life care planning)

Leah Ellenberg Ph.D.
(neuropsychology)

Robert B. Hall Ph.D.
(Vocational rehabilitation)

Heather H. Xitco
(Economics)

Facts

Plaintiff's mother was admitted to a hospital specializing in labor and delivery. Plaintiff filed suit in relation to contracting Group B Strep.

Contentions

PLAINTIFF'S CONTENTIONS: The Labor and Delivery Nurse failed to appropriately record prenatal testing for Group B Strep and failed to properly date gestational confinement. The records identified the mother as negative for Group B Strep. Intrapartum antibiotics were not given. The newborn baby contracted Group B Strep and went undiagnosed for 7 hours. The baby was admitted to the NICU requiring Extra Corporal Membrane Oxygenation. The baby was released from the hospital after 45 days.
Plaintiff claimed that had the nurse properly recorded the mother as not being tested for Group B Strep she would of received intrapartum antibiotics prophylacticly and the baby would probably not have contracted Strep B.

DEFENDANT'S CONTENTIONS: The physicians claimed they relied on the nurse and were not negligent. The hospital denied the child had significant residual injuries.

Injuries

Plaintiff claimed the child had speech impairment, apraxia, and impaired functional skills.

Result

The parties settled for $2,575,000, of which $500,000 went to the mother and $2,075,000 to the child. The mother collected $250,000 from each defendant for her mental distress.

Other Information

The plaintiff was six years old when the lawsuit was settled.


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