Facts

Plaintiff Molly Martinez, 37, began prenatal care with defendant Facey Medical Group. Molly Martinez had previously delivered a healthy baby boy via a cesarean section due to a breech presentation. During the prenatal care, Molly Martinez was counseled to have the baby delivered by VBAC (vaginal birth after C-section). Defendant Red Alinsod, M.D., an obstetrician employed by Facey Medical Group, was one of the doctors following Molly Martinez' pregnancy.

On March 18, 1996, Molly Martinez was admitted to Northridge Hospital Medical Center for induction of labor and VBAC, as she was two weeks post-due date.

On March 19, at 5 a.m., after about four hours of active labor, the baby was still at +2 to +3 station, and Dr. Alinsod recommended that a C-section be performed. Molly Martinez declined a C-section and wanted to try to push more. At 5:54 a.m., Dr. Alinsod tried a vacuum assisted delivery with fundal pressure by the nurse but without success, and he ended the efforts at 6:17 a.m. At 6:24 a.m., Dr. Alinsod again recommended a C-section, but Molly Martinez declined. At 6:35 a.m. Dr. Alinsod tried to apply forceps to effect the delivery of the baby's head, but he abandoned the forceps when he felt he could not position the forceps properly. At 6:44 a.m. Dr. Alinsod recommended a C-section for the third time, but Molly Martinez again declined. Thereafter, Dr. Alinsod tried to deliver the head, while Molly Martinez' husband applied fundal pressure after the nurses refused to follow Dr. Alinsod's order for fundal pressure. Finally, Molly Martinez consented to a C-section at 7:04 a.m.

The baby, plaintiff Yasmina Grace Martinez was born at 8 a.m. via a C-section performed by Dr. Alinsod. At birth, Yasmina had facial bruises, a large cephalohematoma and a caput (swelling of the scalp). She began to have seizure activities within three hours of birth.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that Dr. Alinsod fell below the standard of care by not furnishing sufficient information for Molly Martinez to consider the C-section recommendations during labor, and that Dr. Alinsod should not have tried to force the delivery by using the vacuum, the forceps and the fundal pressure, all of which caused distortion of the internal carotid artery within which an embolus was formed and traveled to the right middle cerebral artery, causing an infarction in certain regions of her brain. The infarction caused cerebral palsy in the right side of Yasmina's body, affecting the use of her right extremities. It is also alleged that Yasmina has cognitive deficits and learning disabilities as a result of the injury.

DEFENDANT'S CONTENTIONS:
Dr. Red Alinsod contended that he provided sufficient information for Molly Martinez to choose a C-section versus continuing with the VBAC, and he acted appropriately to try to assist the natural labor process by using the vacuum, forceps and fundal pressure. With respect to causation, Dr. Alinsod claimed that the infraction was a result of a placental thrombophilia problem that occurred before labor and he did not cause vascular distortion during the attempts to deliver the baby.

Settlement Discussions

The plaintiffs demanded $1 million, informally; the defendant made no offer.

Specials in Evidence

Yasmina claimed $6 million to $8 million ($1 million to $1.4 million present cash value). $14.8 million ($2.2 million present cash value);

Damages

The plaintiffs asked the jury to award past and future non-economic damages, but did not suggest or specify the amounts.

Injuries

Yasmina claimed cerebral palsy, right-sided paralysis, cognitive dysfunctions, and learning disabilities. Molly claimed emotional distress under the direct victim theory in witnessing the alleged negligent medical care rendered to her during labor and delivery.

Result

Defense verdict. Subsequent to the entry of the verdicts in favor of Dr. Alinsod and Facey Medical Group, the plaintiffs agreed to waive their right to file any post-trial motions and appeals in exchange for the waiver of Dr. Alinsod and Facey Medical Group’s right to seek recoverable costs.

Other Information

Northridge Hospital Medical Center settled with plaintiffs for a confidential amount during jury selection.

Deliberation

two days

Poll

11-1 (no negligence)

Length

15 days