Daniela Briseno, et al. v. Askil Ghozland, M.D., et al.
Published: Oct. 19, 1996 | Result Date: Sep. 24, 1996 | Filing Date: Jan. 1, 1900 |Case number: BC099328 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Scott R. Diamond
(Diamond & Dragojevic LLP)
Experts
Plaintiff
Robert L. Podosin
(medical)
Sandra Schneider
(technical)
Darryl R. Zengler M.A.
(technical)
William A. Frumovitz
(medical)
Defendant
William F. Kneeland
(medical)
L. Joel Kessler M.D., F.A.C.O.G.
(medical)
Facts
On Aug. 13, 1992, the plaintiff was delivered by defendant Dr. Askil Ghozland at the defendant hospital. The plaintiff's mother, Ana Briseno, had received prenatal care at defendant Community Health Foundation (CHF) in January 1992. Pursuant to their contract with CHF, Dr. Ghozland and his partner, took over Briseno's prenatal care during her final month of pregnancy. Shortly after 3:00 a.m. on Aug. 13, 1992, Briseno presented to the hospital complaining of labor pains. At that time, the fetus was at -3 station and her cervix was 2-3 centimeters dilated and 70 percent effaced. The labor progressed slowly until 9:02 a.m., at which point defendant Ghozland's partner artificially ruptured the membranes. Light, watery meconium was noted. The labor then progressed more rapidly and at 10:53 a.m., the fetus was at 0 (zero) station and the cervix was fully effaced and completely dilated. The nurses called defendant Dr. Ghozland, who arrived at the bedside seven minutes later. Shortly thereafter, Dr. Ghozland perceived fetal distress on the fetal monitor strip and determined that the plaintiff needed to be delivered immediately. He utilized a "Mity-vac" vacuum extractor and quickly delivered the plaintiff. Apgars were 8 and 9, but the plaintiff's right arm was limp. A fractured clavicle was suspected but ruled out on x-ray. Meconium was noted below the vocal cords. The plaintiff was later diagnosed with Erb's palsy of the right shoulder. The plaintiff child brought this action against the doctors, the hospital, the clinic (CHF) and the nurses, based on negligence and medical malpractice theories of recovery. All defendant's except Dr. Ghozland and CHF were dismissed before trial.
Settlement Discussions
The plaintiff made a settlement demand for $600,000. Per defendant Dr. Ghozland, defendants Dr. Ghozland and CHF made a joint settlement offer of $150,000. Per defendant CHF, defendant Dr. Ghozland offered $80,000 before trial, with an indication of more. Dr. Ghozland made an individual offer of $50,000 during trial. Defendant CHF made a C.C.P. º998 offer of compromise for $30,000. Per the plaintiff, defendant Dr. Ghozland made an offer at the time of trial for $30,000 to be paid in increments.
Specials in Evidence
$190,000 (present value) $190,000 (present value) $216,700 (present value)
Injuries
The plaintiff alleged she sustained Erb's palsy of the right arm.
Other Information
The verdict was reached approximately two years and six months after the case was filed.
Deliberation
1 day
Poll
9-3 (per plaintiff) or 10-2 (per defendants)
Length
8 days
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