Terri Moore v. Alta Bates Medical Center, Harold Helbock
Published: Apr. 19, 2005 | Result Date: Feb. 7, 2005 | Filing Date: Jan. 1, 1900 |Case number: 849847 Verdict – $0
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Ashwin V. Ladva
(Ladva Law Firm)
Daniel L. Feder
(Law Offices of Daniel Feder)
Defendant
David R. Lucchese
(Galloway, Lucchese, Everson & Picchi)
Experts
Plaintiff
Asha Puri
(medical)
Michael Rizzo
(medical)
Seta A. Bedrosian
(medical)
Ronald C. Cohen
(Levatolaw LLP)
(medical)
Defendant
Michael J. Sherman
(Stoel Rives LLP)
(medical)
Facts
Terri Moore, 25, gave birth to twins, one of which was born prematurely. One of the premature twins died five hours after birth. The second twin was not delivered until the following evening. Moore had suffered complications in the 24th week of gestation when she went into preterm labor. She was given magnesium sulfate by physicians in order to stop her contractions. An amniocentesis showed that the premature twin's gestational sac was infected with bacteria that had ascended from Moore's vagina. Moore was given the option of delivering both babies at the same time by c-section. She decided to have the premature twin delivered vaginally, then try to retain the other twin longer. Moore was informed of the risk involved at this point in her pregnancy. Premature twin A was delivered and treated with umbilical and arterial catheters. Helbock had trouble inserting the umbilical venous catheter. An x-ray determined that the catheter had pierced the liver. It was taken out and replaced with a larger catheter which doubled back on itself. Within minutes of withdrawal of the second catheter, Twin A's vital signs began to deteriorate. An ultrasound and x-ray of the abdomen suggested the presence of fluid in the abdomen. Despite transfusion of blood and other fluids, Twin A died. An autopsy performed on the baby showed only a small amount of blood in the abdomen, inconsistent with an amount needed to cause death. Although a wound in the liver was found, there was no perforation track. The pathologist who performed the autopsy concluded that the catheter did not perforate the liver. Moore sued Helbock for negligence and Alta Bates Medical Center under an agency theory.
Settlement Discussions
The defense made a C.C.P. Section 998 waiver of costs.
Damages
The plaintiff claimed damages for the death of her newborn baby in the amount of $500,000 for past and future pain and suffering.
Result
Defense
Deliberation
two hours
Poll
12-0
Length
11 days
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