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CONFIDENTIAL

Mar. 2, 1996

Personal Injury (Non-Vehicular)
Medical Malpractice
Negligent Monitoring

Confidential

Settlement –  $1,000,000

Court

Island Superior


Attorneys

Plaintiff

Ralph J. Brindley

Paul N. Luvera


Defendant

Donna Moniz


Facts

On October 31, 1981, the plaintiff mother gave birth to healthy twin boys. The doctor delivering the children wrote out routine newborn orders which required the nursing staff to monitor the babies' temperatures once every hour until their temperatures stabilized. Delivery occurred at 7:26 a.m. At 7:40 a.m., the plaintiff baby's temperature was noted to be 95.8 degrees. At 8:30 a.m., the plaintiff baby's temperature was noted to be 96.2 degrees and at 9:30 a.m., his temperature was noted to be 97.2. No further temperature readings were taken until 1:00 p.m. when the plaintiff baby's temperature was noted to be 96.2. At 2:20 p.m., the plaintiff baby allegedly went into respiratory arrest and seizures and was transferred to the children's hospital medical center. The plaintiff baby suffered permanent neurological damage. The plaintiffs brought this action against the defendant hospital based on negligence and medical malpractice theories of recovery.

Settlement Discussions

The plaintiffs made a $1,000,000 (policy limits) settlement demand, which was accepted by the defendant hospital.

Injuries

The plaintiffs alleged that the plaintiff baby suffered permanent neurological impairment as a result of the alleged malpractice.

Other Information

The settlement was reached approximately ten months and three weeks after the case was filed.


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