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CONFIDENTIAL

Mar. 4, 1995

Personal Injury (Non-Vehicular)
Medical Malpractice
Wrongful Life

Confidential

Settlement –  $908,544

Judge

William J. McVittie

Court

L.A. Superior Pomona


Attorneys

Plaintiff

Richard I. Feinberg


Defendant

John D. McCurdy II


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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