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CONFIDENTIAL

Oct. 15, 1994

Personal Injury (Non-Vehicular)
Medical Malpractice
Stillbirth

Confidential

Settlement –  $145,000

Court

San Bernardino Superior


Attorneys

Plaintiff

Richard J. Corbo Jr.

Richard T. Lobl


Defendant

M. Gayle Fabian

William F. Ritner


Facts

In April 1992, Plaintiff, a 38-year-old car rental agent, with a history of 2 prior miscarriages and hypertension presented to Defendant doctor for care and treatment of a high-risk pregnancy. Prenatal visits indicated decreased fetal movement, positive glucose, and edema. The estimated date of confinement was August 6, 1992. Plaintiff alleged there were positive signs and symptoms of fetal compromise and that Defendant doctor allegedly failed to meet the standard of care; a baby boy weighing over 9 pounds was stillborn on August 12, 1992.

Settlement Discussions

Plaintiff contends that they made a 998 offer in the amount of $225,000 and Defendant made no firm offer prior to settlement.

Specials in Evidence

none claimed none claimed

Injuries

Stillbirth; emotional distress.

Other Information

Defendant doctor brought a demurrer as to Plaintiff husband's cause of action for negligent infliction of emotional distress; the demurrer was sustained without leave.


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