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
Court
San Diego Superior Court
Attorneys
Plaintiff
Cynthia R. Chihak
(Cynthia Chihak & Associates)
Defendant
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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