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CONFIDENTIAL

Nov. 21, 2004

Personal Injury
Medical Malpractice
Birth Injury

Confidential

Settlement –  $1,325,000

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Russell S. Kussman


Defendant

Donald Fesler

Pamela A. Benben

George E. Peterson
(Peterson, Bradford & Burkwitz LLP)


Facts

The plaintiff's mother went to her local hospital with a term pregnancy. On arrival, it was noted that there were signs of fetal compromise on the fetal heart tracing. Although this was noted by the nurses, the obstetrician failed to take immediate action to expedite delivery. The baby suffered severe acute asphyxia. Resuscitation efforts were inadequate and actually temporarily worsened the baby's condition. Although the child survived and did much better than initially anticipated, she was left with mild brain damage, as well as kidney failure and hypertension. A kidney transplant will probably be necessary in the future.

Injuries

Mild cerebral palsy, kidney failure, hypertension and developmental delay.

Result

The case settled at $1,325,000. This was apportioned as between the hospital ($250,0000: the neontologist ($250,000) and the obstetrician ($825,000).


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