Paulina Huezo, a minor, et al. v. Fleming Chen
Published: Jun. 7, 2001 | Result Date: Jan. 2, 2001 | Filing Date: Jan. 1, 1900 |Case number: DUM0002210 Arbitration – $0
Court
Case Not Filed
Attorneys
Claimant
Respondent
Donald C. Fesler
(La Follette, Johnson, De Haas, Fesler & Ames)
Facts
Paulina Huezo, age 4, sought personal injury damages (cerebral palsy and developmental delays) following her
delivery by Dr. Chen on Dec. 5, 1993 at Beverly Hospital. This was the motherÆs fifth pregnancy. Her first
delivery was by C-section, followed by two vaginal births. She also had one spontaneous abruption. On Dec.
5,1 993, the mother presented to Beverly Hospital shortly after midnight. She was fingertip dilated with intact
membranes. Dr. Chen decided to keep the mother at the hospital for observation. Subsequently, at
approximately 4:32 p.m., fetal heart rate decelerations were down to 70 beats per minute occurred. The
claimant contended that although Dr. Chen was in the hospital, he did not immediately respond because he
was delivering another patient. In any event, Dr. Chen ordered a crash C-section at 4:45 a.m. The C-section
incision was started at 5:02, with the baby delivered at 5:03 p.m.
In this regard, the claimantÆs expert testified that the infant should have been delivered immediately, and that
the 30-minute decision to incision rule no longer applies, particularly as to crash C-sections. Instead, Dr. Chen
was said to be obligated to perform the delivery as soon as possible, without waiting for the anesthesiologist to
arrive.
Settlement Discussions
Paulina Huezo made a $1 million demand (policy limits). Dr. Chen made no offer.
Damages
Paulina Huezo sought general and special damages of $5 million based upon a life care plan.
Other Information
<A>The arbitration was conducted over three days before Harold Hunter, neutral arbitrator; William Newkirk, claimantÆs arbitrator and P. Theodore Hammond, respondentÆs arbitrator.</A>
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