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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