Udun Osakue, a minor, by his Guardian Ad Litem, Reina Osakue v. Rashidi A. Ajani, M.D.
Published: Feb. 20, 1999 | Result Date: Dec. 17, 1998 | Filing Date: Jan. 1, 1900 |Case number: KC023098 Verdict – $205,000
Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Daniel P. Powell
(Thon, Beck, Vanni, Callahan & Powell)
Defendant
Dennis K. Ames
(La Follette, Johnson, DeHaas, Fesler & Ames)
Experts
Plaintiff
Raymond G. Schultz
(technical)
Richard H. Andolsen
(technical)
Eugene R. Sollman
(medical)
Robert L. Podosin
(medical)
Defendant
Martin Feldman
(medical)
Perry R. Lubens M.D.
(medical)
Theodore Vavoulis
(technical)
Edward L. Workman
(technical)
Facts
On Dec. 14, 1992, plaintiff Udun Osakue was born at Pomona Valley Hospital Medical Center to Reina Osakue. Reina Osakue was 26 years of age at the time, this was her first pregnancy to term and her first birth experience. The birth record, such as it is, indicates that Reina Osakue began her labor on Dec. 14, 1992, at 1 p.m. She was admitted to the hospital at 4:30 a.m. Her amniotic membrances were artificially ruptured at 1:23 p.m. She was completely dilated at 5:40 p.m. The record is unclear as to when defendant Dr. Rashidi A. Ajani arrived, but does indicate that he used a vacuum extraction device, twice, in an attempt to deliver the fetus. After unsuccessfully trying to extract the fetus by vacuum, Dr. Ajani next used forceps and pulled the infant from the birth canal. During these procedures, the newborn's shoulder became lodged in the birth canal. Dr. Ajani performed some sort of maneuver to disengage the impacted shoulder and extracted the baby's body by pulling on the head with forceps. Immediately after birth, it was noted that the baby had suffered facial traumas and that the left arm was flaccid. There is absolutely no mention in Udun Osakue's birth record that any health care provider performed the maneuvers and techniques mandated by the standards of care and practice to treat a shoulder dystocia and safely deliver the baby. Udun Osakue's facial injuries healed with time. Unfortunately, the trauma inflicted upon his brachial plexus had not healed with time or therapy. He is left with a permanent brachial plexopathy, more commonly referred to as an Erb's Palsy. The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $218,000. The defendant offered $0. The plaintiff settled with the hospital for $30,000. Defendant Ajani was denied any settlement offer. The plaintiff was awarded costs.
Specials in Evidence
$771.50 potentially $250,000 $25,000 - $40,000
Injuries
The plaintiff suffered permanent brachial plexopathy. His left arm is deformed, noticeable shorther than his right arm and is held in an unnatural position.
Other Information
The verdict was reached approximately two years after the case was filed. A settlement conference was held in October 1997 before Hon. William McVittie resulting in no settlement.
Deliberation
three hours
Poll
____-____
Length
three days
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