Jonathan Arrieta Bustamonte, a minor, by and through his guardian ad litem, Roque Arrieta v. Granada Hills Community Hospital, Carlos Flores
Published: Feb. 23, 2002 | Result Date: Nov. 13, 2001 | Filing Date: Jan. 1, 1900 |Case number: PC026227X Verdict – $377,000
Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Defendant
Kenneth W. Drake
(Kenneth W. Drake & Associates Inc.)
Experts
Plaintiff
Tamerou Asrat
(medical)
Darryl R. Zengler M.A.
(technical)
Defendant
Clifford J. Bochner
(medical)
Facts
The plaintiff is a 2 1/2-year-old boy whose 32-year-old mother suffered a pontine hemorrhage during childbirth,
and died after several months in a coma. The decedent came under the care of the defendant Flores when 32
weeks pregnant. The defendant noted substantially elevated blood pressure readings during her office visits,
but passed them off to his unreliable blood pressure cuff. Eventually, the defendant Flores began to send the
decedent to the hospital because he considered his office blood pressure cuff was unreliable due to the large
size of the decedentÆs arm. The blood pressure readings taken at the hospital were slightly elevated and
increased as the due date arrived.
When nearly term, the decedent began spilling protein in her urine. She was 1+ protein on May 4, 1999 and 2+
protein on May 11, 1999. Rather than immediately delivering the baby, the defendant delayed and admitted to
the decedent to the hospital on May 13, 1999. On that date, the decedent had blood pressure readings of 201/92
and 141/100.
When the defendant Flores arrived at the hospital, the decedent complained of a serious headache. An
emergency C-section was performed. The decedentÆs blood pressure was 224/106. The defendant Flores never
prescribed magsulfate or anti-hypertensives prior to delivery. The nurse at the hospital failed to notify the
defendant Flores of the increased blood pressure readings on May 13, 1999 prior to his arrival at the hospital.
The hospital was granted a nonsuit when the defendant Flores testified that he would have done nothing
differently if he had been notified of the increased blood pressures.
No claims for loss of earnings was made since the decedent was an undocumented
minimum wage earner.
Settlement Discussions
The plaintiff submitted a demand of $200,000. No offer was put forward.
Other Information
<P>The defendantÆs motion for new trial was denied.</P>
Deliberation
one day
Poll
9-3
Length
seven days
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