Brancifort v. Kids in the PARC Inc.
Published: Mar. 30, 2002 | Result Date: Feb. 14, 2002 | Filing Date: Jan. 1, 1900 |Case number: EC027730 Verdict – $5,039,900
Judge
Court
L.A. Superior Glendale
Attorneys
Plaintiff
Linda F. Rice
(Rice & Bloomfield LLP)
Defendant
Experts
Plaintiff
Andrea Morrison
(medical)
Patricia DiLeva
(medical)
Suzanne Hays
(medical)
Joyce Elaine Pickersgill
(technical)
J. Carlos Maggi
(medical)
Defendant
Lawrence Satkowiak
(medical)
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)
Theodore Vavoulis
(technical)
Melissa Stephenson
(medical)
Facts
The plaintiff infant was born on May 27, 1998 and she was discharged 24 hours later. On May 30, 1998, her
parents noted that she was very jaundiced and they contacted the doctor on call for her pediatrician. They were
instructed to go to the Valley Presbyterian Hospital but, because they were living in Burbank, they asked if they
could take the child to St. JosephÆs Hospital. They were told that was possible but that they should get a
bilirubin test done as quickly as possible. They took the plaintiff to the defendant, an after hours pediatric
urgent care center located inside St. JosephÆs.
The plaintiff was evaluated by a nurse and by a physician, both of whom agreed that the baby needed bilirubin
testing. Instead of ordering the test, the physician at the defendant facility called the primary care pediatrician
for authorization to perform the test and for information about the baby. During that conversation, the primary
care doctor asked to speak with the mother and directed her to take the baby to Valley Presbyterian Hospital.
The plaintiff and her parents were permitted to leave the defendant facility without the bilirubin test, which was
not performed until hours later. The plaintiff developed severe brain damage from kernicterus as a result of the
jaundice.
Settlement Discussions
No offer was made before the original trial. In May 2001, a C.C.P. Section 998 demand was served for $750,000. While the jury was deliberating during the first trial, (hung jury for plaintiff) an offer of $250,000 was made and refused.
Specials in Evidence
$97,797 $200,000 - $825,000 $3.5 million $11.5 million
Injuries
Severe brain damages with cerebral palsy, hearing and vision loss.
Other Information
On March 8, 2002, Judge Charles W. Stoll ruled that the defendant was entitled to a set-off of $595,400 for settlement with co-defendant. The defendant argued it should be entitled to a set-off of at $900,000 because parents had also settled with co- defendant doctor. Also, ruled plaintiff entitled to prejudgment interest at $420,000 and expert witnesses costs. The defendant plans to appeal.
Deliberation
two hours. The jury out at six hours on damages
Poll
unanimous on liability
Length
five days
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