Facts

On Aug. 30, 2014, a toddler patient presented to the emergency department at Los Robles Medical Center with a history of abdominal complaints. Defendant pediatrician admitted the patient for gut rest and observation. Her condition deteriorated and the minor patient was later found to have an anaplastic neoplasm of the posterior fossa.

PLAINTIFF'S CONTENTIONS: Plaintiffs contended defendant failed to recognize signs and symptoms of hydrocephalus from a brain tumor resulting in brain stem herniation and death.

DEFENDANT'S CONTENTIONS: Defendant contended the patient's initial presentation was consistent with gastroenteritis. When neurological symptoms manifested, appropriate diagnostic studies were obtained and arrangements were made to transfer the patient to a higher level of care.

Settlement Discussions

Plaintiffs made a CCP 998 demand of $249,000; $13,542 per stipulation (funeral and burial expenses). Defendant made a CCP 998 offer of waiver of costs.

Specials in Evidence

Meds: $37,393 per stipulation

Damages

Plaintiffs sought $250,000 per MICRA. Plaintiffs asked for $2 million in closing argument.

Result

Defense verdict.

Deliberation

one day

Poll

11-1

Length

12 days