Laurie Huber v. Martin Luther Hospital Medical Center, et al.
Published: Apr. 9, 1994 | Result Date: Mar. 22, 1994 | Filing Date: Jan. 1, 1900 |Case number: 707287 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
John E. West
(Brobeck West Borges Rosa & Douville LLP)
Experts
Plaintiff
Warren Guntheroth
(medical)
Defendant
Gilbert I. Martin M.D.
(medical)
Alan Shumacher
(medical)
Facts
On February 9, 1989, Plaintiff Laurie Huber, a 26-year-old gravida II, para 1, gave birth to premature twin girls at 34 weeks of gestation, at Pioneer Hospital. Tiffany Huber, the second of the twin girls delivered, was delivered via breech and had Apgars of 5 at one minute and 8 at five minutes. Because of some grunting and retractions, it was decided to put Tiffany on 35% oxygen. Eventually, it was decided to transfer Tiffany to Defendant Martin Luther Hospital Medical Center on the date of birth, since there was a secondary-care NICU at the facility. Defendant Leonard L. Fox, M.D., a neonatologist, was asked to accept Tiffany as a patient and agreed to do so. Within one hour of arrival at Defendant hospital, Tiffany was weaned to room air and never required any kind of ventilatory assistance thereafter. She was on a cardiorespiratory monitor, but there were no problems of cardiac or respiratory natures. She developed jaundice, but her bilirubin level had decreased by the time she was discharged, 5 days later. All diagnostic tests and laboratory studies, with the exception of bilirubin, were within normal limits. Dr. Fox issued discharge orders for her on February 14, 1989, and noted that the condition was good and that the diagnosis were respiratory distress syndrome, type II, and hyperbilirubinemia. The infant was not discharged home on an apnea monitor since, in Dr. Fox's opinion, there was no medical indication for such; a prior sibling, Kyle Huber, had been discharged home on an apnea monitor some 14 months previously. Tiffany was seen at Pioneer Hospital one week following discharge from Defendant hospital, was followed by pediatrician John Jerrytone, M.D., and seen by him on four occasions between February 14 and May 21, 1989. The only noted problems were with her formula, which was changed on four occasions. On May 21, 1989, Tiffany, who was sleeping in the same crib with her twin sister, Nicole, was found face down and not breathing. An autopsy revealed SIDS (Sudden Infant Death Syndrome) to be the cause of death.
Settlement Discussions
Defendants contend they made no offers and would not consent to any settlement; Plaintiffs' demand was not disclosed.
Damages
Plaintiffs claimed $250,000 wrongful death and $100,000 for loss of earnings and burial expenses.
Injuries
Wrongful death of a 3-month-old infant.
Deliberation
2.45 hours
Poll
10-2 for Dr. Fox, 10-2 for Martin Luther Hospital
Length
4.5 days
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