Jessica Chapman, et al. v. U.C. Irvine Medical Center, et al.
Published: Jan. 13, 1996 | Result Date: Dec. 12, 1995 | Filing Date: Jan. 1, 1900 |Case number: 741679 – $5,921,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Bruce G. Fagel
(Law Offices of Bruce G. Fagel & Associates)
Defendant
George E. Peterson
(Peterson, Bradford & Burkwitz LLP)
Thomas G. Scully
(Foley & Mansfield PLLP)
Experts
Plaintiff
Don F. Mills M.D.
(medical)
Stanley Schultz
(technical)
Thomas Rugino
(medical)
Michael J. Sherman
(Stoel Rives LLP)
(medical)
William D. Goldie
(medical)
Peter Formuzis Ph.D.
(technical)
Defendant
William E. Benitz
(medical)
William A. Frumovitz
(medical)
Joseph P. Magaddino
(technical)
Rhonda Harwell
(medical)
Sharon K. Kawai M.D.
(medical)
Richard Rottman
(medical)
Jack H. Sills
(medical)
Facts
On May 13, 1993, the plaintiff, Jessica Chapman, now age 2 + years, was born a twin to Jeremy Chapman at defendant, U.C.I. Medical Center ("medical center"). The delivery was performed by a planned cesarian section due to the breach position. The mother, Cheryl Chapman, had a history of thalassemia minor, a chronic anemia, which caused her obstetrician to refer her to the defendant medical center for high risk obstetrical care. Cheryl Chapman was given a morphine spinal which can be effective for up to 24 hours after the cesarian section. She was also given Scopolamine, a drug which can cause sedation. The delivery was uneventful and both babies were taken to the regular nursery in good condition. Later, the twins were taken to the mother's room for "couplet care". Cheryl Chapman was instructed in and assisted by the nurse for breast-feeding of both babies. Although she was assisted by a nurse on each of the first seven breast-feeding episodes, on the next feeding at 5:00 a.m. on May 14, 1993, 17 hours after delivery, Jessica Chapman was given to Cheryl Chapman for breast-feeding. Because Cheryl Chapman complained of being tired, the bed was laid flat and the mother and baby were placed in a side-lying position for breast feeding. The nurse then left with Jeremy Chapman and returned to the nurse's station. Cheryl Chapman fell asleep and her breast became pressed up against Jessica Chapman's face, causing her to suffocate. At 5:28 a.m. the nurse returned to the room and found Cheryl Chapman asleep and the baby not breathing and cyanotic. She rushed the baby to the nursery where she was quickly resuscitated through CPR, but a subsequent brain scan showed an injury to the deep structures of the brain causing cerebral palsy. The other twin is perfectly normal.
Settlement Discussions
The plaintiff made a C.C.P. º998 demand of $1,500,000 in March, 1994. The defendant offered $300,000 in December, 1994, which was reduced to $250,000 before trial.
Specials in Evidence
(past medical bills were not in evidence because they were paid by medical insurance) $240,000 to $1,100,000 (disputed) $1,600,000 to $4,900,000 (present cash value)
Injuries
Spastic quadriplegia
Other Information
The verdict was reached approximately eight months after the case was refiled.
Deliberation
3+ days
Poll
12-0 (negligence), 9-3 (causation)
Length
15 days
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