Ovie Tomakili v. Harold T. Peart
Published: Jul. 15, 2000 | Result Date: Jun. 19, 2000 | Filing Date: Jan. 1, 1900 |Case number: SC040562 Verdict – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Mark S. Ravis
(Law Office of Mark S. Ravis)
Defendant
Michael J. Trotter
(Carroll, Kelly, Trotter & Franzen)
Experts
Plaintiff
Eugene Gootnick
(medical)
Nancy A. Niparko
(medical)
Sandra Schneider
(technical)
Defendant
Manuel Porto M.D.
(medical)
Facts
The plaintiff's mother, a 33-year-old homemaker with a history of a prior 6 lb., 12 ounce baby and a 10 lb., 4 ounce baby, went into labor on July 12, 1995 and presented to Cedars-Sinai Medical Center. Defendant Dr. Harold Peart did not provide the prenatal care and was covering for another obstetrician. After a quick labor and an approximately 30-minute second stage, the baby's head crowned, at which time Dr. Peart applied a vacuum to assist in the delivery. The delivery was complicated by a fourth degree laceration as well as 3+ meconium. At the delivery, the 10 lb., 14 ounce baby was noted to have a flail right arm. The plaintiff was diagnosed with a right brachial plexus injury shortly after delivery. The now 5-year-old plaintiff has had little recovery and has been diagnosed with a moderate Erbs palsy involving primarily the right shoulder.
Specials in Evidence
$940,000 $400,000
Deliberation
three hours
Poll
9-3
Length
five days
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