Confidential
Settlement – $1,950,000Court
Sacramento Superior
Attorneys
Plaintiff
Bruce G. Fagel
(Law Offices of Bruce G. Fagel & Associates)
Defendant
Facts
Plaintiff was born on Aug. 8, 1997, at defendant hospital. His 22-year-old mother received her prenatal care from
defendant obstetrician. There were no problems during the prenatal care and the EDC was Aug. 27, 1997. On
Aug. 8, plaintiffÆs mother entered the defendant hospital three hours after the onset of labor and was seen by
defendant obstetrician.
The fetal monitor strip showed late decelerations, and thick meconium was noted. Several hours later, there
was reduced short term and long term variability. Pitocin was started, and 15 minutes later, the patient was
noted to be 3-4 centimeter/80 percent effaced/station-3. The Pitocin was then turned off, and the nurseÆs noted
that a c-section was planned with the defendant obstetrician on his way. When the defendant obstetrician
arrived, he decided to continue with Pitocin. An epidural was placed, and later an amnioinfusion was started.
At 7 p.m., the patient was complete and the defendant obstetrician then performed a vacuum delivery for over
10 minutes.
At delivery, there was heavy meconium with Apgar scores of 3,6,8. The initial blood gas after delivery showed
a pH of 7.10. Seizures developed in the NICU, and a CT scan performed two days later showed edema with
basal ganglia involvement.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand for $1 million (policy limits) to defendant obstetrician and $1.5 million to hospital after defendant obstetrician accepted the C.C.P. Section 998 offer. Defendant obstetrician offered $1 million (policy limits) Defendant hospital offered $600,000, raised to $950,000 at the voluntary settlement conference on Dec. 7, 1999 before Donald Walter.
Specials in Evidence
$20,000 $650,000 (disputed) $1.8 million (disputed)
Injuries
Cerebral palsy and developmental delay.
Other Information
The settlement was approved 14 months after the case was filed.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390