Confidential
Settlement – $1,010,000Judge
Court
L.A. Superior Compton
Attorneys
Plaintiff
Michael M. Berger
(Manatt, Phelps & Phillips LLP )
Defendant
Tobin J. Trobough
(Carroll Kelly Trotter Franzen Mckenna & Peabody)
Marshall Silberberg
(Law Office of Marshall Silberberg)
Facts
Plaintiff's mother came under the care of Defendant OB/GYN in September of 1992, for her pregnancy with Plaintiff; her expected delivery date was April 18, 1993. The mother, who had a history of lupus and deep vein thrombosis, treated with Defendant throughout her pregnancy. In late January of 1993, the mother began experiencing problems related to her pregnancy. She presented to Defendant OB/GYN's office on February 1, 1993; her complaints included the following: elevated blood pressure, proteinuria, thrombocytopenia, nausea, and shortness of breath. Defendant OB/GYN, fearful of possible development of pulmonary emboli, referred the mother to a pulmonologist for the purpose of ruling out possible pulmonary embolism resulting from deep vein thrombosis. This mother presented to the emergency room where Defendant pulmonologist examined her and Plaintiff. At that time, Defendant pulmonologist ruled out pulmonary emboli as a cause of the mother's complaints. However, during the course of the examination, Defendant pulmonologist recognized that Plaintiff's mother may have developed pre-eclampsia and allegedly reported his findings to Defendant obstetrician. Nevertheless, Defendant obstetrician instructed the patient to leave the emergency room and return home. On February 4,1993, Plaintiff's mother presented to another hospital where she was immediately diagnosed with pre-eclampsia and HELLP syndrome and airlifted to a third hospital for emergency C section at 29 3/7 weeks of gestation. Over the course of the next few weeks, Plaintiff developed respiratory distress syndrome which required her to be placed on a ventilator. The child developed a Grade III intracranial hemorrhage and hydrocephalus requiring a shunt placement. During the course of her initial hospitalization following her birth, Plaintiff developed serratia meningitis and Hyaline membrane disease.
Settlement Discussions
Plaintiff contends that, prior to trial, Plaintiff made a 998 demand of $1,000,000 from each Defendant.
Specials in Evidence
$1,000,000 $1,000,000 $5,000,000 (present value)
Injuries
Cerebral palsy; hemiparesis; cortical blindness, impaired cognitive functioning.
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