Confidential
Settlement – $1,250,000Court
L.A. Superior Lancaster
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Frederick Friedman
(medical)
James A. Pasino
(medical)
Ann Kershnar
(medical)
Raymond G. Schultz
(technical)
Steve Zivolich
(technical)
Defendant
Perry R. Lubens M.D.
(medical)
Andrew M. Matthews M.D.
(medical)
Mitchell Geffner
(medical)
Facts
On January 17, 1987, the plaintiff was born at the defendant hospital. The newborn screening test for thyroid disorders was reportedly normal. The plaintiff baby developed hypothyroidism in infancy, manifested by abnormal growth and development. The plaintiff claimed that although signs of hypothyroidism were present at nine months of age, they were not appreciated by the defendant nurse practitioner or by subsequent treating doctors (not affiliated with the defendant hospital). The plaintiff baby was not diagnosed with hypothyroidism, until he was two and-one-half years of age. The plaintiff baby left the defendant clinic at approximately one year of age. The plaintiff brought this action against the defendants clinic and medical practitioners based on a medical malpractice theory of recovery.
Settlement Discussions
The plaintiff made no formal settlement demand. The defendant made no offers of settlement.
Specials in Evidence
$1,400,000
Damages
The plaintiff claimed non-economic losses of $250,000 per MICRA (C.C.P. º3333.2).
Injuries
The plaintiff alleged that he suffered brain damage from untreated hypothyroidism causing learning disabilities, attention deficit disorder and decreased I.Q. as a result of the defendants' conduct.
Result
The case proceeded in arbitration against the defendant clinic and the defendant hospital. A panel arbitration before three arbitrators was held from December 11, 1995 through December 14, 1995. The remaining portion of the case is set in Superior Court against the subsequent treating physicians who allegedly also missed the diagnosis.
Other Information
The award was entered approximately three years and eleven months after the case was filed.
Deliberation
8 hours
Poll
2-1
Length
4 days
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