Jane Doe v. Roe Hospital
Published: Jul. 12, 2019 | Result Date: Mar. 14, 2019 |Settlement – $400,000
Court
Orange County Superior Court
Attorneys
Plaintiff
Benjamin D. Petiprin
(Spreter & Petiprin APC)
Daniel M. Hodes
(Hodes Milman LLP)
Defendant
Steven E. Kushner
(Dummit, Buchholz & Trapp)
for hospital
Terrence J. Schafer
(Doyle, Schafer & McMahon LLP)
for physician
Experts
Plaintiff
Albert Phillips M.D.
(OB/GYN)
Timothy Luckett R.N.
(nursing)
Wendy B. Shelly M.D., FACOG
(fertility)
Defendant
Bill Yee M.D.
(OB/GYN and reproductive endocrinology and infertility)
Ann Taylor R.N.
(nursing)
Facts
Plaintiff was a single, 27-year-old female, pregnant with her first child. She consented to a planned C-section and resection of a right ovarian cyst. On July 11, 2017, she was admitted to Roe Hospital. Roe physician mistakenly believed that Doe had consented to a bilateral tubal ligation. He proceeded to remove the left Fallopian tube, at which time it was realized that she had not consented to sterilization.
Contentions
PLAINTIFF'S CONTENTIONS: Later fertility workup by way of hysterosalpingogram revealed a non-functioning right fallopian tube. As such, any future attempt at a pregnancy must be by way of In-Vitro Fertilization.
DEFENDANTS' CONTENTIONS: Defendants disputed the allegations.
Damages
Doe testified that she and her boyfriend desired at least three additional children, at a cost of approximately $150,000.
Result
The case resolved for $400,000, with Roe OB/Gyn contributing $350,000, Roe Hospital $50,000.
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