Kendal Anne Schunk, a minor, by and through her GAL, Michael Schunk v. Ned A. Lindsay, Jr., M.D., et al.
Published: May 17, 1997 | Result Date: Apr. 25, 1997 | Filing Date: Jan. 1, 1900 |Case number: SC014457 – $0
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
N. Denise Taylor
(Taylor DeMarco LLP)
Experts
Plaintiff
Maureen Sims
(medical)
Joyce Elaine Pickersgill
(technical)
Donna M. Barras
(medical)
Glenn W. Fowler
(medical)
William K. Hummer
(medical)
Defendant
Margaret Jane Miller
(medical)
Ted Vavoulis
(technical)
Perry R. Lubens M.D.
(medical)
Steven E. Clark
(medical)
Facts
On Feb. 23, 1995, plaintiff Kendal Schunk's mother, the 37-year-old decedent, began labor with Pitocin induction at 9 a.m. She was a fertility patient whose pregnancy was complicated by polyhydramnios, and had been on bed rest for preterm labor. She was seen by defendant Ned A. Lindsey, Jr., M.D. from 11 a.m. to 11:30 a.m. that morning, at which time he left to go to lunch. At 12:01, the fetal heart tones dropped to 90 beats per minute and at 12:13, they dropped to 60 beats per minute. The fetal bradycardia continued unresolved until the delivery which occurred at 12:46. At 12:13, the nurses called the defendant, and began preparing the decedent for a crash cesarean section. The defendant responded to the page at 12:21, and arrived at the hospital at 12:34. The cesarean section incision was at 12:43 with delivery at 12:46. Apgar scores were 1 at one minute, 3 at five minutes, and 5 at 10 minutes. The plaintiff's mother survived surgery, but two hours later had a cardiac arrest and died. An autopsy confirmed that her death was due to amniotic fluid embolus. The plaintiff, the decedent's two-year-old child, brought this action against the doctor and the hospital (settled) based on medical negligence and malpractice theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $1 million. The defendant doctor made no settlement offers.
Specials in Evidence
$7,148,809 $5,709,639
Injuries
The plaintiff suffered profound brain damage and spastic quadriplegia.
Other Information
The verdict was reached approximately one year after the case was filed. The co-defendant hospital settled pursuant to the hospital's C.C.P. º998 demand for $300,000 prior to trial.
Deliberation
40 minutes
Poll
11-0 (1 abstention)
Length
9 days
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