Facts

Jenovie Valdez, individually and as parent and guardian of infant Emma Valdez, sued Salinas Valley Memorial Hospital and Daniel Jardini, M.D., Larry Nutting, M.D., Jose Pauda, M.D., and Carl Yaeger, M.D., in connection with Emma's childbirth related injuries.

Prior to trial, Drs. Nutting, Padua, and Yaeger were dismissed.

PLAINTIFF'S CONTENTIONS:
Plaintiff presented to the Hospital on Nov. 26, 2008 in labor. Following a protracted labor, plaintiff's treating physician, Dr. Jardini, successfully delivered Emma using a vacuum extractor. Plaintiff claimed Emma did not get sufficient oxygen during labor, resulting in a severe brain damage and cerebral palsy, including spastic quadriplegia. As such, plaintiff sued the Hospital, Dr. Jardini, and several other doctors, alleging medical malpractice. Plaintiff claimed Dr. Jardini failed to properly assess and monitor the baby during plaintiff's labor, delaying her delivery, thereby denying her oxygen and causing her injuries.

DEFENDANTS' CONTENTIONS:
Dr. Jardini denied any negligence on his part. Dr. Jardini also claimed that the baby suffered from a brain injury a week prior to her birth, cystic encephalomalacia. Alternatively, Dr. Jardini claimed her injuries stemmed from a genetic abnormality.

Settlement Discussions

Valdez made a CCP 998 demand of $1 million, which Dr. Jardini countered with a $300,000 offer of settlement.

Damages

Valdez sought $910,000 in emotional distress damages; $250,000 in past non-economic damages on behalf of Emma; and between $12 million and $27 million for future medical and attendant care costs for Emma.

Injuries

Emma suffered brain damage, cerebral palsy and was rendered a quadriplegic, requiring in-home attendant care.

Result

Prior to trial, the hospital agreed to settle with Valdez for $1.25 million, including $250,000 for her emotional distress claim. Though finding Dr. Jardini negligent, the jury found that his negligence did not proximately cause Emma's injury, and rendered a defense verdict.

Deliberation

seven hours

Poll

11-1 (negligence), 9-2 (causation)

Length

18 days