Javier Victoria, Jr. v. Valley Presbyterian Hospital and Response Registry, Inc.
Published: Jan. 29, 1994 | Result Date: Dec. 17, 1993 | Filing Date: Jan. 1, 1900 |Case number: NWC047951 – $0
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
William F. Kneeland
(medical)
Defendant
Ronald S. Gabriel M.D.
(medical)
Rosemary Leake
(medical)
John H. Menkes
(medical)
Facts
Plaintiff, Javier Victoria, Jr., was born January 10, 1989, at Defendant Valley Presbyterian Hospital. At 24 hours of age, "blue spells" were noted indicating cessation of breathing. After transfer to the intensive care nursery, CT scans and MRI films showed that he had extensive intercranial hemorrhages. The I.C.U. nurses also noted that he had a bruised face and hemorrhages in the eyes not previously noted. Following 3.5 weeks of hospitalization, Plaintiff was sent home with an apnea monitor that continued to indicate stopped breathing. The child is now 5 years of age and developmentally disabled.
Settlement Discussions
Defendant hospital contends they offered $50,000 and Plaintiff demanded $800,000. Defendant Response contends they made no offers.
Specials in Evidence
$58,000 not specified
Damages
Plaintiff asked the jury for $1,900,000. Defendants asked for a defense verdict; suggested a value of $50-65,000 if liability was found.
Injuries
Developmental delay causing language problems and behavioral abnormalities; developmental quotient (similar to I.Q.) estimated at 70; it is likely that Plaintiff will be able to live independent of family support. (Defendants contested these evaluations and claimed that Plaintiff is neurologically normal, behavioral problems are environmental, and his current situation is not related to the original injury (since he has no epilepsy, palsy, retardation, or visual changes).)
Other Information
This case was transferred to municipal court for trial, granting Superior Court powers to the municipal for this case.
Deliberation
2.5 days
Poll
11-1
Length
10 days
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