Priscilla Cuellar, a minor, by and, through her Guardian Ad Litem, Ursula Cuellar v. Hugo Rauld, M.D., Mullikin Medical Center
Published: Feb. 20, 1999 | Result Date: Feb. 4, 1999 | Filing Date: Jan. 1, 1900 |Case number: VC023712 – $1,559,000
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Ronald M. Papell
(Law Offices of Ronald M. Papell)
Defendant
Experts
Plaintiff
James T. Long
(medical)
Richard G. Anderson
(technical)
Andrea Morrison
(medical)
Norman Schulman
(medical)
Joyce Elaine Pickersgill
(technical)
Defendant
Theodore Vavoulis
(technical)
Perry R. Lubens M.D.
(medical)
David Newfield
(medical)
Alfred D. Chichester
(technical)
Edward R. Ritvo
(medical)
Facts
On Aug. 13, 1994, plaintiff Priscilla Cuellar, sustained a permanent and disfiguring injury which occurred during her delivery by defendant Dr. Hugo Rauld at defendant Mullikin Medical Center. In attempting to deliver the plaintiff, a shoulder dystocia occurred in which the child's shoulder became "hung up" in her mother's pelvis. In an effort to deliver the infant as quickly as possible, Dr. Rauld utilized the McRoberts maneuver and traction. The plaintiff sustained a severe injury to her nervous system with resulting damage to her right shoulder and arm which has been diagnosed as Erb's palsy. Plaintiff Priscilla Cuellar is almost five years old and has a permanent disability of her right upper extremity. She has limited use of her right arm and has difficulty grasping objects in her right hand. Future surgery may be needed to try to reposition the right hand to provide her with greater use of that hand. The plaintiffs brought this action against the defendants based on negligence.
Settlement Discussions
The plaintiff made a settlement demand for $600,000 although the defendants deny that the demand was made asserting that the only demand was $900,000. The defendant made no other offer.
Damages
Loss of use of right upper extremity.
Other Information
POST TRIAL MOTIONS: Plaintiff will be seeking pre-judgement interest and expert cost. Plaintiff made a C.C.P. º998 offer of compromise in March 1998. The defendants deny that a C.C.P. º998 offer was made by the plaintiffs. The $1,130,000 in non-economic damages will be reduced as a matter of law to $250,000. The jury provided a gross and present value of future economic damages (primarily loss of earnings). A motion to adjust the gross value of the future economic damages is set of hearing on Feb. 25, 1999.
Deliberation
one day
Poll
12-0
Length
seven days
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