Sylvia Estorga aka Sylvia Reyes; and Raul Reyes v. Cedars-Sinai Medical Center, et al.
Published: Apr. 12, 1997 | Result Date: Mar. 21, 1997 | Filing Date: Jan. 1, 1900 |Case number: BC139187 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Dale K. Galipo
(Law Offices of Dale K. Galipo)
Defendant
Experts
Plaintiff
George M. Brinton
(technical)
Theodore Hariton
(medical)
Defendant
Steven Hartford
(medical)
Ted Vavoulis
(technical)
Facts
On Dec. 25, 1992, plaintiff Sylvia Estorga, a 27-year-old homemaker, underwent a postpartum bilateral tubal ligation to prevent future pregnancies. The operation was performed at defendant Cedars-Sinai Medical Center, following delivery of her fifth child. The plaintiff mother claimed that at the time she received her prenatal care she was advised that a bilateral tubal ligation carried a potential failure rate of one in a million. The plaintiff father claimed he was told that the surgery was "100 percent effective." The tubal ligation was performed by both an intern and a fourth year resident, under the supervision of the Associate Director of the Resident Program in Obstetrics and Gynecology at Cedars-Sinai Medical Center. There were no complications encountered during the procedure and the pathology report confirmed the fact that segments from both fallopian tubes had been cut. In October 1994, the plaintiff mother discovered that she was pregnant. She gave birth to her sixth child, Andrew, via cesarean section on July 8, 1995. The plaintiffs, husband and wife, brought this action against the defendants based on medical negligence, lack of informed consent, wrongful birth and loss of consortium theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand of $50,000 at mediation and $25,000 prior to trial. The defendants made no settlement offers.
Specials in Evidence
$_____________ $__________ $________________ $_______________
Damages
The plaintiffs claimed $102,000 in past and future damages for the cost of raising the child to age 18 (present value), plus general damages of $100,000 to the plaintiff mother and $25,000 to the plaintiff father .
Injuries
The plaintiff mother alleged she suffered a failed bilateral tubal ligation, leading to pregnancy and the birth of a healthy male infant.
Other Information
EXPERT TESTIMONY: Plaintiffs' medical expert, Dr. Hariton, testified that cauterizing the ends of the fallopian tubes would lead to inflammation and the development of scar tissue resulting in the cut ends "sticking" together, increasing the potential for recanalization and making a subsequent pregnancy more likely. The defendants'medical expert, Dr. Hartford, testified that cauterization of the ligated ends of the Fallopian tubes is an accepted and appropriate modification practiced in the community. The plaintiff's credibility was a significant issue in the case. Plaintiff's attorney, Dale Gilipo, was retained after the plaintiff's deposition had already been taken.
Deliberation
2+ hours
Poll
10-2 (informed consent); 10-2 (negligence)
Length
7 days
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