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Personal Injury (Non-Vehicular)
Medical Malpractice
Negligent Care

Carmen Diaz v. County of Los Angeles (USC School of Medicine)

Published: Oct. 25, 1997 | Result Date: Oct. 1, 1997 | Filing Date: Jan. 1, 1900 |

Case number: BC082952 –  $8,500

Judge

George P. Schiavelli

Court

L.A. Superior Central


Attorneys

Plaintiff

Joseph L. Shalant


Defendant

David J. Weiss
(Law Offices of David J. Weiss)


Experts

Plaintiff

Eugene R. Sollman
(medical)

Lawrence Miller M.D.
(medical)

Defendant

Barry J. Brock
(medical)

Perry R. Lubens M.D.
(medical)

Facts

In 1985, the plaintiff mother delivered her first baby by cesarian section in Mexico for cephalopelvic disproportion and failure to progress. She had vertical skin incision and undocumented uterine incision. In 1994 with her second pregnancy, defendant physicians recommended VBAC (trial of labor) with a macrosomic infant. At birth, after a prolonged second stage of labor, shoulder dystocia was encountered, the baby's lip was cut, humerus fractured and Erb's palsy occurred. The plaintiff brought this action against the defendant based on medical malpractice and negligence theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $100,000. The defendant offered $25,000.

Specials in Evidence

$14,670 (lien) $4,000 - $6,000

Damages

The plaintiff claimed $250,000.

Injuries

The plaintiff claimed permanent residual muscular weakness and hand weakness from Erb's brachial plexopathy and permanent facial scar.

Other Information

The verdict was reached approximately two years and five months after the case was filed. A settlement conference was held in May 1996 before Judge Schiavelli of the L.A. Superior Court. It did not resolve the matter. POST TRIAL MOTIONS: Plaintiff filed a motion for a new trial (additur).

Deliberation

five hours

Poll

12-0 (negligence); 9-3 (damages)

Length

nine days


#79758

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