A $2,600,000.00 settlement for a medical malpractice case for failing to identify fetal distress and for failing to perform a timely cesarian section. Client was sent home instead without any instructions concerning the monitoring of the fetus for well being. Client remains totally disabled, profoundly mentally retarded and requires constant care and attention.

Plaintiff's Technical Expert Witnesses:
Richard Adams, M.D., Rehabilitation Associates Medical Group
2840 Long Beach Boulevard, Suite 130 Long Beach, CA 90806
Doreen Casuto, R.N., Rehabilitation Care Coordination
7851 Mission Center Court, Suite 103 San Diego, CA 92108
Roberta Spoon, CPA, Brodshatzer, Wallace, Spoon & Yip
555 West Beech Street, Suite 400 San Diego, CA 92101

Defendant Insurance: Self Insured

Date, Time and Place of Incident(s): September 21, 1998; UCSD Medical Center, San Diego, CA

Facts and Background:  
Arcelia Villa Lopez, a 29-year old, married, pregnant, mother of one child, presented to the UCSD Emergency Room on September 10, 1998 for complaints of pelvic pressure and mild vaginal bleeding. At that time Ms. Villa was at full term pregnancy with her second child. Prior to this Emergency Room visit, Ms. Villa received regular prenatal care for an uneventful, healthy pregnancy. Upon arrival at UCSD's Emergency Department, Ms. Villa was examined, had two non-reactive non-stress tests, and an ultrasound. The ultrasound confirmed the 40-week gestation and established reassuring fetal well-being. Ms. Villa was discharged home. However, when discharged, Ms. Villa was not provided any discharge instructions, for example, she received no instructions for follow-up visits, no instructions regarding the plan to continue monitoring for fetal wellbeing. On September 21, 1998, now two weeks post-term, Ms. Villa returned to the Emergency Department complaining of onset of labor and recent diminished fetal movement. Ms. Villa presented at 9:15 a.m., and was first seen by an obstetrician at approximately 9:40 a.m. The initial 20-minute fetal monitoring strip available to and evaluated by the physicians reveals three late decelerations, absent long term variability and no acceleration, the equivalent to a failed non-stress test. A vaginal exam was performed and revealed a cervix 2 cm. dilated, 50% effaced and a fetus in the minus 3 position, an infant remote from delivery. Although the baby obviously had markedly decreased reserves, at 9:50 a.m., scalp stimulation revealed 15 bpm accelerations in heart rate for 15 seconds, indicating the baby was still reactive and therefore, neurologically intact. At 11:13 a.m., the fetal monitoring strip indicates the beginning of a profound terminal bradycardia. At this time the notes reflect preparation for emergency cesarean section began and delivery occurred at 11:35 a.m., thereby, leaving Viviana oxygen deprived for twenty-two minutes. Upon delivery, Viviana's heart rate was 60 beats per minute. She was born blue, with no cry and no respirations. She required full respiratory and cardiac rescusitation at birth. Her apgar scores were 0, 0, 4, and 6 at one, five, ten and fifteen minutes respectively. Not surprisingly, Viviana showed early signs of seizure activity once resuscitated.

Plaintiff's Contentions, Allegations:
The doctor and staff at the hospital were negligent in failing to identify the fetal distress and failing to perform a timely cesarian section. The doctor and staff were also negligent in discharging Ms. Villa on September 10, 1998 without any instructions concerning the monitoring of the fetus for fetal well-being.

Injuries and/or Damages:
Viviana remains totally physically disabled, entirely dependent upon others for her care and all of her activities of daily living. Further, she is profoundly mentally retarded requiring constant care and attention. Viviana's severe and devastating disabilities will plague her and her family for the rest of their lives.

Defense:
Defendants claimed they were not negligent in the care and treatment provided to Ms.Villa. Defendants further claimed that any actions or failures to act were not the cause of the damages sustained by Viviana.

Specials: Future medical: $3,000,000, Lost earnings: $300,000.00

Settlement Amounts: $2,600,000.00

Other Verdict Details: Settled in October, 2003

Attorney for client: Kevin F. Quinn