Samuel Guandique, a minor by and through his guardian ad litem, Jaime Mejia, et al. v. Georgina Makabali, Deborah Wing, et al.
Published: Mar. 9, 2002 | Result Date: Nov. 28, 2001 | Filing Date: Jan. 1, 1900 |Case number: BC197880 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Robert L. McKenna III
(Kjar, McKenna & Stockalper LLP)
Mark V. Franzen
(Carroll, Kelly, Trotter, Franzen, McBride & Peabody)
Experts
Plaintiff
John R. Marshall
(medical)
Jeremy Cole
(medical)
Arthur Golding
(medical)
Defendant
Michael G. Ross
(medical)
Andrew Wachtal
(medical)
Robert L. Shuman M.D.
(medical)
Willard Worthen
(medical)
Facts
On Oct. 17, 1997, Martha Hernandez presented to Good Samaritan Hospital with complaints of
chest and flank pain. She was pregnant and was admitted for labor and delivery given her
gestational stage. She was diagnosed by Dr. Makabali with pre-eclampsia. Following delivery
she suffered a post-partem hemorrhage and was noted to have ongoing complaints of chest pain
with a continuous decrease in her hemoglobin and hematocrit levels over the next 30 hours. At
approximately 6 p.m. on October 18, the patient arrested and could not be revived. At autopsy
the patient was found to have a traumatic rupture of her inferior vena cava which bled out into
her chest. This was undiagnosed by anyone prior to her demise.
Settlement Discussions
The plaintiffs submitted C.C.P Section 998 demands against all defendant physicians ranging from $29,999 to $149,999. Defendant Wing made a C.C.P. Section 998 waiver for costs and malicious prosecution. Defendant Makabali offered $29,999.99.
Specials in Evidence
$189,000 (past and future)
Damages
Loss of care, comfort and the society of a mother by four minor children.
Other Information
The defendant Wing has filed a cost bill in the sum of $65,000. The court struck the testimony of the plaintiffÆs standard of care expert, against Wing and Makabali in its entirety, as he left the country prior to completing his cross-examination by the parties. The court further held that although the plaintiffÆs thoracic surgery expert had been designated to testify as to the standard of care, and had done so in his deposition, he would not be allowed to testify as to the standard of care of an obstetrician or perinatologist because he was unqualified to do so. Motion for new trial by plaintiff regarding defendant Anita Ahuja was granted.
Deliberation
four days
Poll
9-3 (as to Dr. Brooks), 12-0 (as to Dr. Ahuja)
Length
18 days
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