Confidential
Settlement – $908,544Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Josephine Hall
(medical)
Donna M. Barras
(medical)
Joyce Elaine Pickersgill
(technical)
Defendant
Gilbert I. Martin M.D.
(medical)
Alfred D. Chichester
(medical)
Richard Friedeir
(medical)
Facts
In August of 1989, Plaintiff's mother presented to Defendant doctor for prenatal care. Defendant doctor gave Plaintiff's mother booklets on the risk of Down's syndrome for "older" mothers. He did not recommend an amniocentesis or genetic counseling.
Settlement Discussions
Plaintiff contends that they demanded $500,000 and that Defendant made no offer.
Specials in Evidence
approximately $135,000 not claimed $1,800,000
Injuries
Mental retardation secondary to Down's syndrome requiring full-time care.
Other Information
When the matter began trial, a jury was waived, and liability was bifurcated from damages. After 3 days of testimony, the Court ruled in favor of the Plaintiff on the issue of liability. The Court urged that damages be submitted to binding arbitration with a ceiling of $1,000,000 in exchange for the Defendant's waiver of appeal. Damages were arbitrated before Honorable Justice Howard Weiner on November 8 and 9, 1994; the case was subsequently settled for $908,544.
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