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Personal Injury
Medical Malpractice
Birth Injury

Baby Doe, Jane Doe v. Roe Defendants

Published: Nov. 7, 2015 | Result Date: Jul. 10, 2015 | Filing Date: Jan. 1, 1900 |

Arbitration –  $4,500,000

Court

Case Not Filed


Attorneys

Plaintiff

Brian K. Brandt
(Law Offices of Brian K. Brandt)


Defendant

Gillian N. Pluma
(LaFollette, Johnson, De Haas, Fesler & Ames APC)


Experts

Plaintiff

Barry D. Pressman M.D.
(medical)

Sharon K. Kawai M.D.
(medical)

Barry S. Schifrin
(medical)

Timothy Lanning Ph.D.
(technical)

Albert J. Phillips
(medical)

O. Carter Snead III, M.D.
(medical)

Facts

In January 2012, Jane Doe, 30, became pregnant with her son Baby Doe. Plaintiff filed suit against defendant Medical Facility and their employee doctors, claiming they failed at developing a plan of care and delivery.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that as a type I diabetic, she was at risk for developing pre-eclampsia, a life-threatening pregnancy condition. Plaintiffs alleged that defendant Medical Facility and their employee doctors fell below the applicable standard of care in failing to develop a plan of care and delivery, which would have involved the delivery of her child at 37 weeks. Plaintiffs further alleged that despite exhibiting signs and symptoms of developing pre-eclampsia including headache, blurred vision and proteinuria, defendant doctors responsible for her care and treatment failed to perform a cesarean section and deliver Baby Doe prior to him suffering an intrauterine hypoxic brain injury at 38 weeks.

DEFENDANT'S CONTENTIONS:
Defendants contended that their care at all times fell within the applicable standard of care. Defendants further argued that even if their care was negligent it was not causally related to Baby Doe's injuries.

Result

The case settled for $4,050,000 for Baby Doe and $450,000 for the mother, for a total settlement amount of $4.5 million.

Other Information

The matter was resolved in mediation with the assistance of Jay C. Horton.


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