Facts

Plaintiff Elva Allar was carrying twins. Defendant Mendoza told the plaintiff that the twins were high-risk for premature delivery. On May 25, 2004, when the plaintiff was 23 weeks and four days, she presented with complaints of mucousy brown discharge. The defendant claims that the plaintiff was put on bedrest, but did not give her an ultrasound nor fetal fibronectin test. On May 29, 2004, the plaintiff presented to the emergency room of Torrance Memorial with complaints of bleeding and clear discharge. The babies were delivered at 24 weeks, one day. One baby died on May 31, 2004 and the other on June 4, 2004.

PLAINTIFF'S CONTENTIONS:
The plaintiff sued for wrongful death. She contended that she should have been given an ultrasound to determine if the internal os of the cervix was dilating on the 25th of May. The plaintiff contended that she should have been given a fetal fibronectin test to diagnose premature labor. Had either been done, the babies' chance of survival would have been more than 50 percent.

DEFENDANT'S CONTENTIONS:
The defendant contended that she complied with the standard of care, and no act or omission on her part caused the death of the twins. The babies died as a result of extreme prematurity.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $125,000. The defendant countered with a C.C.P. Section 998 offer of $0 in exchange for a waiver of costs.

Result

Defense verdict.

Deliberation

2.5 hours

Poll

10-2 (negligence)

Length

five days