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Personal Injury (Non-Vehicular)
Professional Negligence
Medical Malpractice

Javier Alavez v. Mohd Dhar

Published: Jul. 1, 2000 | Result Date: Jun. 5, 2000 | Filing Date: Jan. 1, 1900 |

Case number: 805064 Verdict –  $1,300,000

Judge

Eleanor M. Palk

Court

Orange Superior


Attorneys

Plaintiff

Karin H. Langford

Gregory A. Patton
(Patton Mosier)


Defendant

Robert A. Mosier


Experts

Plaintiff

Philip E. Young
(medical)

Adam Seiver
(medical)

Defendant

Steven E. Clark
(medical)

William E. Hardy
(medical)

Facts

On Nov. 17, 1998, at approximately 4:30 p.m., the mother presented to Western Medical Center Santa Ana in
labor. At 6 p.m., her obstetrician, Hossein Kani, was called and advised to patientÆs status. For about 6.5
hours, the patient was observed in the labor and delivery suite. At 11:17, Kaye Brundidge, the on-call
anesthesiologist, was paged because the patient became unresponsive with agonal respirations.
Based on the presenting symptoms and conditions, Dr. Brundidge recognized that plaintiff was suffering from
an amniotic fluid embolism and made a decision that an emergency C-section was necessary. The fetal heart
rate indicated that the infant was in severe distress and an immediate C-section was necessary to prevent
catastrophic injury.
While in the labor and delivery suite, Dr. Brundidge told one of the labor and delivery nurses to page the in-
house trauma surgeon, Dr. Dhar, to perform an emergency C-section. Dr. Dhar did not respond.
Dr. Brundidge took the mother to the operating room and requested again that Dr. Dhar come to perform an
emergency C-section. Dr. Dhar did not respond.
Dr. Kani, who had also been paged, eventually arrived at 11:30 p.m. and delivered the baby by emergency C-
section at approximately 11:39 p.m. The baby was born with the severe hypoxic encephalopathy, due to the
lack of oxygen.
Following the childÆs delivery, Dr. Dhar was called twice to assist with the motherÆs resuscitation and again
did not respond.
Dr. Dhar was first called by an administrative liaison to perform an intracardiac epinephrine injection, and
later to perform an arterial cut-down.

The mother died of complications from the amniotic fluid embolism. The baby lived for one year then died of
encephalopathy complications.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 offer to compromise in the amount of $230,000, which was rejected, with an offer of a dismissal and waiver of costs and malicious prosecution suit. Prior to jury selection, the defendant offered $50,000.

Deliberation

four hours

Poll

12-0 (liability), 11-1 (damages)

Length

seven days


#85200

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