Confidential
Settlement – $230,000Mediator
Court
L.A. Superior Lancaster
Attorneys
Plaintiff
Steven D. Fondiler
(Law Offices of Steven D. Fondiler)
Defendant
Facts
On June 13, 1990, the minor plaintiff's mother presented to the defendant hospital to deliver a child. The mother's pregnancy was complicated by a size versus dates discrepancy. Testing to rule out gestational diabetes was inadequate. An ultrasound taken a month before delivery revealed an 8.3- to 9-pound baby. No repeat ultrasound was done prior to induction of labor on June 13, 1990. After the plaintiff infant's head was engaged, the defendant doctor and the defendant hospital's nurses recognized shoulder dystocia. The defendant hospital's nurses claimed they applied fundal pressure per the defendant doctor's orders. The defendant doctor denied ordering fundal pressure, as it was contra-indicated. The minor plaintiff's birth weight was 12 pounds. The plaintiff was diagnosed with severe brachial plexus injury at birth. The minor plaintiff brought this action against the hospital, the doctor and his medical group based on medical negligence and malpractice theories of recovery.
Settlement Discussions
The plaintiff made an initial settlement demand for $450,000. The defendants made an initial settlement offer of $100,000.
Specials in Evidence
$_______________ $__________________ $____________________ $________________
Injuries
The plaintiff claimed she sustained severe brachial plexus injury, causing Erbs/Klumpke's palsy with residual left arm and hand weakness and limitation of use.
Other Information
The settlement was reached approximately one year and six months after the case was filed. A mediation was held on Dec. 16, 1996 before Judge Burton Bach, retired, resulting in the reported settlement.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390