Frederico Quijada, Jr. v. Cedars-Sinai Medical Center, Gregory Ewertz, M.D.
Published: Mar. 4, 1995 | Result Date: Jan. 31, 1995 | Filing Date: Jan. 1, 1900 |Case number: BC089191 – $1,500,000
Judge
Court
L.A. Superior Central West
Attorneys
Plaintiff
Philip Michels
(Michels & Lew)
Defendant
Experts
Plaintiff
Michael J. Sherman
(Stoel Rives LLP)
(medical)
Ian Ross Donald
(medical)
Defendant
James Macer
(medical)
Facts
Plaintiff child's mother received OB/GYN care from Defendant Dr. Gregory Ewertz. She delivered at Defendant Cedars-Sinai Medical Center under the care of the residents and nurses at CSMC on April 18, 1991. Plaintiff was delivered by vacuum extraction and developed a shoulder dystocia after the head was delivered. It took 5 to 7 minutes for the shoulder dystocia to be resolved and the rest of the body to be delivered; during that period of time, Plaintiff suffered profound asphyxia with resultant brain damage.
Settlement Discussions
Plaintiff contends they demanded $950,000; reduced to $850,000; increased to $1,000,000 during deliberations; and increased to $2,000,000 after the Plaintiff's verdict on liability; and Defendant Dr. Ewertz offered nothing until after the liability verdict when he offered $900,000; increased to $1,000,000. Defendant CSMC contends it offered $50,000 pursuant to CCP Section 998, prior to trial.
Injuries
Profound asphyxia with resultant permanent brain damage, cognitive and motor.
Other Information
Defendant Cedars-Sinai Medical Center received a nonsuit based on the statutory immunity provided by Health and Safety Code Section 1317; the code section grants immunity for resuscitation in emergency situations and on Plaintiff's expert testimony regarding obstetrical care during labor relating to the CSMC residents and nurses.
Deliberation
2.5 days
Poll
9-3 on causation, 10-2 on negligence
Length
17 days
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