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
Court
Orange Superior
Attorneys
Plaintiff
Gregory A. Patton
(Patton Mosier)
Defendant
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
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