Karri Greenleaf and Kiana Greenleaf, a minor v. United States of America, Laureen Deary, R.N. and Joseph Gatewood, M.D., Ltd.
Published: Sep. 25, 1999 | Result Date: Aug. 25, 1999 | Filing Date: Jan. 1, 1900 |Case number: 98CV0927 – $2,836,180
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Leo R. Bartolotta
(Geary, Shea, O'Donnell, Grattan & Mitchell)
Kevin F. Quinn
(Thorsnes, Bartolotta & McGuire)
Defendant
Joseph T. Kutyla
(Joseph T. Kutyla, Esq.)
Experts
Plaintiff
John R. Marshall
(medical)
Donna Scheidenberg
(medical)
Donna M. Barras
(medical)
Gregory Holmes
(medical)
Defendant
Michael A. Painter
(Isaacman, Kaufman & Painter)
(medical)
Linda V. Walsh
(medical)
Barbara Cammune
(medical)
F. Julia Olijnyk
(medical)
Phillip Earl E. Young
(medical)
Facts
On the morning of Oct. 15, 1996, Karri Greenleaf, then 40 weeks plus pregnant, believed that her water had broken. She contacted Balboa Naval Hospital to report her concern. She was advised that she should report to the hospital's labor and delivery department. After her arrival at approximately 10:30 a.m. the plaintiff was examined by nurse midwife Laureen Deary. Upon examination, Deary determined that the plaintiff's water had not broken, but that her cervix was only dilated one centimeter and that she was remote from delivery. Deary then placed an external fetal heart monitor, which indicated that the plaintiff had a late deceleration without any accelerations. Concerned about the tracing on the fetal heart monitor, a bio-physical profile was performed with a non-reassuring score of four out of ten. The plaintiff was admitted to the labor and delivery unit at 1 p.m. for inducing labor, fetal monitoring and consultation with medical staff. At approximately 1:50 p.m., Dr. Debra Arsenault became directly involved with the treatment of the plaintiff while placing Cervidil, an agent to aid the cervix in readiness for delivery. After Dr. Arsenault's involvement, the plaintiff was being treated as a co-managed patient by nurse midwifery services and the medical staff. Fetal monitoring continued throughout the afternoon, with continued late decelerations and reduced variability. At approximately 3:30 p.m., the plaintiff's membrane was artificially ruptured and a fetal scalp electrode was placed. At approximately 4 p.m., Deary and Dr. Arsenault conferred about the non-reassuring strip and whether a Caesarian section was indicated. Deary testified that she and Dr. Arsenault believed a C-section was necessary at that time. At approximately 4 p.m., Dr. Arsenault conferred with staff physician Dr. William Simpson, who had medical responsibility for the OB/GYN deck. Dr. Arsenault presented the plaintiff's case to Dr. Simpson, indicating a C-section might be indicated. Rather than ordering a C-section, Dr. Simpson testified that he ordered an amnio-infusion to clarify the fetus' status. The court found that with this order, the medical staff assumed primary responsibility for the management of the plaintiff. After the amnio infusion, the fetal heart strip continued to be worrisome with the persistence of recurrent or intermittent late decelerations. However, the plaintiff was allowed to continue with her labor, despite the fact that she remained remote from delivery and continued to show signs of fetal distress. At approximately 7:04 p.m., the fetus suffered a terminal bradycardia leading to Kiana Greenleaf being delivered by emergency C-section at 7:18 p.m. At birth, Kiana Greenleaf did not have a heart beat or respiration for approximately 17 minutes. Records report that her Apgar scores were 0,0,0, and 2.
Settlement Discussions
The plaintiffs demanded $2.5 million. Defendant USA offered $500,000 in the form of structured settlement. Defendants Deary and Gatewood offered a waiver of costs.
Specials in Evidence
$34,392.71 $398,390 $2,918,799
Injuries
Plaintiff Kiana Greenleaf suffered terminal bradycardia, resulting in hypoxic ischemic encephalopathy, seizure disorder, developmental delays, hearing loss, diminution of both gross and fine motor skills. Both plaintiffs suffered emotional distress.
Other Information
The court found that Deary's care and treatment did not fall below the standard of care at any point during her treatment with the plaintiff. The plaintiffs dismissed Laureen Deary as defendant, since agency with Joseph Gatewood, M.D., Ltd was stipulated. Defendant USA was held wholly responsible for the negligence and damages suffered by the plaintiffs.
Length
eight days
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