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
Court
L.A. Superior Central
Attorneys
Plaintiff
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
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