Confidential
Settlement – $1,500,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Gary A. Dordick
(Dordick Law Corporation)
Defendant
Jay B. Lake
(Lewis, Brisbois, Bisgaard & Smith LLP)
Experts
Plaintiff
Ronald L. Ariagno
(medical)
John H. Menkes
(medical)
Larry M. Cousins
(medical)
Ian Donald Ross
(medical)
Arturo E. Mendoza
(medical)
William D. Goldie
(medical)
Sara J. Guentz
(medical)
Peter Formuzis Ph.D.
(technical)
Defendant
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)
John P. Elliot
(medical)
Patricia Spier
(medical)
Theodore Vavoulis
(technical)
Thomas M. Goodwin
(medical)
Perry R. Lubens M.D.
(medical)
Facts
Plaintiff mother received prenatal care from doctor at defendant medical clinic. The prenatal care was uneventful. A macrosomic baby (birth size over 4500 grams/9.9 pounds) was anticipated. Mother arrived at the hospital on Feb. 14, 1996 for delivery. When the doctor attempted vaginal delivery, the plaintiff baby became impacted in the vaginal canal (shoulder dystocia) after delivery of the head. The umbilical cord was wrapped around the babyÆs neck. When the doctor attempted to pull the cord over the babyÆs head, the cord snapped. Various procedures were attempted, which ultimately freed the babyÆs stuck shoulder, and the baby was delivered not breathing. The baby was revived in the ICU.
Settlement Discussions
Two settlement conferences were held before attorney Joseph Thielen. The plaintiffsÆ initial demand was $3 million. The defendants offered $500,000. The Plaintiffs reduced their offer to $2 million. The defendants then increased their offer to $1 million. The settlement of $1.5 million reached allocated $1 million to the baby and $250,000 to each parent.
Damages
The plaintiffs claim past medicals of $90,000, with substantial future medicals at a present (disputed) value of $1 million to $4 million.
Result
The settlement was reached approximately one year after the case was filed.
Other Information
The settlement was reached approximately one year after the case was filed.
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