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CONFIDENTIAL

Feb. 20, 1999

Personal Injury (Non-Vehicular)
Professional Negligence
Medical Malpractice

Confidential

Settlement –  $1,800,000

Mediator

Robert E. Rickles

Court

San Bernardino Superior


Attorneys

Plaintiff

Alton J. Smith

Cornelius P. Bahan
(Law Offices of Cornelius P. Bahan, APC)

Richard P. Booth


Defendant

- CONFIDENTIAL


Facts

The mother was pregnant with twins and in her fifth month of pregnancy. She awoke in the middle of the night in a pool of blood and was transported via ambulance to defendant medical center at approximately 3 a.m. The ambulance ER technician reported a loss of between 900-1000 cc of blood in bed and, accordingly, the patient was brought to the nearest hospital. A sonogram was performed showing twin gestation of approximately 32 weeks. At that point, defendant OB/GYN assumed the care. He immediately ran a hemoglobin count which was extremely low (8.6). At 4:15 a.m., two units of Hespan were ordered, and at 5:10 a.m. Tributalin was administered. During this time, Twin B was noted to have suffered fetal distress on the fetal monitoring strip. An emergency cesarin section was performed at 7:22 a.m. Twin B was flaccid and depressed at birth and required resuscitation with Apgar score of 5-6. Both twins were transported to another medical facility for continued care. Unfortunately, the mother's blood loss continued intra-abdominally and was never adequately caught up (estimated blood loss at approximately 12000 cc) resulting in her death at 2:40 a.m. The plaintiffs, the decedent's husband and five children, brought this action against the defendant medical center based on medical malpractice.

Settlement Discussions

The plaintiffs made a settlement demand for $2.5 million.

Injuries

Wrongful death of a 35-year-old wife and mother and severe brain damage to Twin B.

Other Information

The settlement was reached approximately two years and 10 months after the case was filed. A mediation was held on December 1998, before Hon. Robert Rickles, retired, of JAMS resulting in the reported settlement.


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