A medical malpractice case involving plaintiff Mrs. Doe who gave birth to her son, John Doe, at ABC Hospital. Labor was difficult because of shoulder dystocia. The doctor struggled for at least 6 minutes attempting to deliver the shoulders by manually pulling, twisting an turning the babys head, neck and shoulders. Mother was administered no anesthesia. Because of the doctors manipulation and force pulling on the babys head, his neck was broken causing catastrophic permanent quadraplegia. Just two days short of the babys first birthday, he died of complications of the quadriplegia. Case settled by way of structured settlement with payments totaling approximately $1,700,000.00.

Plaintiff's Medical Expert Witnesses:
John Marshall, MD, OB/GYN
777 Silver Spur Road, Suite 124 Rolling Hills Estates, CA 90274 310-544-1533
Doreen Casuto, Rehabilitation, Case Management/Life Care Plan Resources in Rehabilitation
7851 Mission Center Court, Suite 315 San Diego, CA 92108-1328 619-299-9922
Betty Joan Mally, MD, Pediatric Physical and Rehabilitative Medicine
9834 Genesee Ave., Suite 405 La Jolla, CA 92037 619-450-4173

Defendant Insurance: Confidential

Date, Time and Place of Incident(s): April 17, 1994 in San Diego

Facts and Background:  
On April 19, 1993 plaintiff Mrs. Doe gave birth to her son, John Doe, at ABC Hospital. Labor was prolonged and difficult because of shoulder dystocia, a condition whereby the babys shoulders are large than the diameter of the pelvis. The attending physician used a vacuum extractor to deliver the babys head, but the shoulders became stuck. The doctor struggled for at least 6 minutes attempting to deliver the shoulders by manually pulling, twisting an turning the babys head, neck and shoulders. Mr. Doe, the babys father was in attendance the entire time and assisted the delivery by holding the mothers legs open. She was administered no anesthesia. As a result of the doctors manipulation and force pulling the on the babys head, his neck was broken causing catastrophic permanent injury. The otherwise perfectly healthy 10 pound baby boy was born quadriplegic. On April 17, 1994, just two days short of the babys first birthday, he died of complications of the quadriplegia, including respiratory insufficiency and respiratory distress.

Plaintiff's Contentions, Allegations:
Plaintiff contended that the hospital, its staff and the attending physicians were negligent in failing to diagnose shoulder dystocia, failing to respond to signs of fetal distress, which indicated the need for cesarean section, and negligently applying traction to the babys head and neck so as to break his neck and cause quadriplegia.

Injuries and/or Damages:
The action was originally filed while the baby was alive and included his own personal injury case and the parents negligent infliction of emotional distress claims. After the childs death, the action settled on the parents claims for negligent infliction or emotional distress and wrongful death.

Specials:
Past Medical: $206,000.00 (approximately<) Future Medical: $25,000 to $75,000 for psychotherapy

Settlement Amounts:
Case Settled by way of structured settlement with payments to both parents and the decedents four siblings totalling approximately $1,700,000.00

Verdict or Award:
Economic, $2,750,000 Noneconomic , $1,250,000 reduced to $250,000 under MICRA , Future Economic Value, Approximately $20,000,000.00 medical and wage loss

Other Verdict Details:
January 21, 1998. Defendant negligence , Desert hospital , 35 percent Dr. Donaldson , 35 percent

Length of Trial: 21 Days

Jury: 3.5 day deliberation

Attorney for client: Vincent J. Bartolotta, Jr. and R. Christian Hulburt

Attorney for defendant:
Clyde Lockwood Patterson, Ritner, Lockwood, Zanghai & Gartner
3580 Wilshire Blvd., Suite 900 Los Angeles, CA 90010 213-487-6240
Gustov Von Boschwing Golman & Von Bolschwing 492 Bridgeway Sausalito,CA 94965 415-332-3414