Confidential
Settlement – $2,800,000Court
Case Not Filed
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
William E. Weiss
(medical)
Carol R. Hyland M.A.
(technical)
Joanna Moss
(technical)
Defendant
Barbara Bennett
(medical)
Joseph T. Capell M.D.
(medical)
Facts
On Oct. 30, 1998, minor plaintiff was born at an HMO facility, with variable and late decelerations and
tachycardia during labor. At delivery, reduced Apgars and blood gases showed severe metabolic acidosis. The
plaintiffs contended negligence during delivery caused anoxic brain damage.
HMO defendant contended delivery met the standards of care; that the delivery condition was due to
mitochondrial myopathy, as established by a skeletal muscle biopsy.
Specials in Evidence
Medical bills were covered by the HMO initially, and thereafter, there was 100% coverage through the parent's medical plan. Plaintiffs claimed costs of future care plus loss of earnings at $900,000. Defendant claimed all home needs were provided for by the government, as well as MediCal funding for life.
Damages
Medical bills were covered by the HMO initially, and thereafter, there was 100-percent coverage through the parentÆs medical plan. The plaintiffs claimed costs of future care plus loss of earnings at $900,000. The defendant claimed all home needs were provided for by the government, as well as MediCal funding for life.
Injuries
Severe brain damage with no voluntary movement, vision or hearing, and feeding by permanent gastrostomy tube. The plaintiffÆs life expectancy is in question due to the severity of the condition. The defendant claimed there was a five-year life expectancy per expert testimony.
Other Information
PLEASE PROVIDE THE SETTLEMENT DATE _____________
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390