(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) Universal Presents No Evidence Whatsoever as to Elam Liability Universal’s motion asserts that plaintiff has no evidence to support its liability under Elam…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) UNIVERSAL FAILS TO CARRY ITS INITIAL BURDEN ON SUMMARY JUDGMENT On motion for summary judgment, defendant has the burden of producing evidence negating…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) C.C.P. §340.5 GOVERNS DELIVERY MALPRACTICE AND EXTENDS THE LIMITATIONS PERIOD TO THE CHILD’S EIGHTH BIRTHDAY It is firmly established that an infant’s claim…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) William Taylor describes his wife’s legs as still in the stirrups while she was being instructed to again push, after which the baby’s…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) Sean’s father, William Taylor, was present in the delivery room and photographed the delivery. His deposition testimony, and his photographs, provide direct evidence…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) STATEMENT OF THE CASE This is medical negligence action arises out of serious nerve injury suffered by Sean Taylor during birth on 6/4/1998.…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) Plaintiffs’ Memorandum of Points and Authorities in Opposition to the Motions for Summary Judgment of Universal Medical Center and Vanessa X., M.D. INTRODUCTION…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) 3) Dr. X. testified that it took only 2 minutes to provide a surgical level of analgesia with a spinal anesthesia (between 11:08 am and 11:10 am). Plaintiff’s expert anesthesiologist will…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Dr. Stuart X. 1) Although Dr. X. testified that he didn’t recall ever seeing Ms. Cruz in L&D on October 5, the L&D nursing notes clearly place him there at 10:32…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) 6) Substandard care to have given Terbutaline at 10:20 am, whether ordered by Dr. U. or not, given the likelihood that the placenta was abrupting (based on irritable uterus, abdominal pain…