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CONFIDENTIAL

Jun. 1, 2002

Personal Injury (Non-Vehicular)
Professional Negligence
Medical Malpractice

Confidential

Settlement –  $2,800,000

Court

Case Not Filed


Attorneys

Plaintiff

David B. Baum


Defendant

Richard J. Conti


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 _____________


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