Floridalma Jeronimo, Gerardo Perez v. City and County of San Francisco, The Regents of the University of California, Carmen Rivera, CNM, Emily Beck, CNM, Arthurine Kulubo Zakama, M.D., Malini A. Nijagal, M.D., and Does 1 through 50, inclusive
Published: Aug. 12, 2022 | Result Date: Jun. 14, 2022 | Filing Date: May 14, 2021 |Case number: CGC-21-591939 Settlement – $125,000
Judge
Court
San Francisco County Superior Court
Attorneys
Plaintiff
Andrew L. Johnson
(Bennett & Johnson LLP)
William C. Johnson
(Bennett & Johnson LLP)
Defendant
Corinna E. Meissner
(Hassard Bonnington LLP)
Alexandra C. Seibert
(Hassard Bonnington LLP)
Margaret S. Schroeder
(Office of the San Francisco City Attorney)
Facts
On August 27, 2020, Floridalma Jeronimo was admitted to San Francisco General Hospital in active labor and delivered baby boy Emir Perez-Jeronimo. On September 1, 2020, Emir passed away due to severe hypoxic ischemic encephalopathy.
Jeronimo and Gerardo Perez brought a wrongful death and medical malpractice suit against the City and County of San Francisco (CCSF); the Regents of the University of California (Regents), a medical group; and its employees, certified nurse-midwives Carmen Rivera and Emily Beck, Arthurine Zakama, M.D., and Malini Nijagal, M.D.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that, as a result of defendants' negligence, baby boy Emir suffered injuries, including severe hypoxic ischemic encephalopathy. Plaintiffs asserted that defendants negligently and carelessly examined, treated, diagnosed, cared for, supervised, consulted, managed, screened, failed to consult, failed to communicate with treating residents or attending medical providers, failed to provide follow-up care, treatment and diagnosis, failed to perform necessary and appropriate medical tests and procedures, failed to follow known and published protocol, failed to recognize and/or identify multiple signs and symptoms consistent with fetal distress and/or act upon, or delayed acting upon, these signs and symptoms with regard to plaintiff Jeronimo's pregnancy, labor, and delivery. Plaintiffs contended that defendants' negligence and substandard care was the direct, proximate and legal cause of the death of baby boy Emir.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions. Defendants Regents and medical providers contended that they exercised reasonable diligence at all times. Defendants Regents and medical providers argued that the injuries complained of were caused by the natural course of the decedent's disease of condition, and were the natural or expected results of reasonable treatment rendered for this disease or condition. Defendant Regents and medical providers asserted that they were immune from liability. Defendant CCSF argued that the medical care provided to plaintiffs at its facilities was at all times and in all respects within the standard of care applicable to plaintiffs' medical complaints, and that it was immune from liability.
Result
The case settled for $125,000.
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