(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
And again, at the time of delivery, the defendants assured MRS. WHITE that an ENT indeed was present:
A. IT WAS SOMEBODY IN THE ROOM THAT ASKED DR. X., THAT SAID, MRS. WHITE WOULD LIKE TO KNOW IF THE ENT AND ALL NEEDED PERSONNEL ARE IN THE ROOM. AND DR. X. HAD ACTUALLY LOOKED IN THERE AND SAID, YES, MRS WHITE, DON’T WORRY ABOUT A THING EVERYBODY IS HERE. (Deposition of David White, at pp. 12:19-24.)
And DAVID WHITE knew his son was injured – by directly viewing the child’s injured body because an ENT was not present:
Q. AND WHAT DID YOU SEE WHEN THEY SHOWED YOU DONALD [in the delivery room]?
A. BLUE, LIFELESS.
Q. WAS THAT —
A. HE WASN’T BREATHING.
A. JUST LIFELESS.
Q. AND WAS THAT DIFFERENT FROM WHAT YOU HAD EXPECTED TO SEE?
Q. HARD TO REMEMBER WHAT YOU SAW, BUT SHE SEEMED TO BE LIFELESS AND BLUE?
A. I SAW HIS FACE. HIS FACE WAS BLUE. EVERYTHING WAS BLUE. (Brackets added.) (Deposition of David White, at pp. 52:14-55:11.)
Thereafter, the defendants told DAVID WHITE about the health care providers failure to get an airway into the baby – with an ENT not present:
Q. DURING YOUR FIRST CONVERSATION WITH DR. SEAN Z., THAT’S IN THE HALLWAY WHEN HE TAKES YOU OUT OF THE OPERATING ROOM TO SPEAK WITH YOU. WAS IT YOUR UNDERSTANDING AT THE TIME DR. Z. WAS SPEAKING WITH YOU, THAT THE PEOPLE WHO WERE TAKING CARE OF DONALD STILL HAD NOT BEEN ABLE TO GET AN AIRWAY IN THERE EFFECTIVE TO GIVE HIM PROPER OXYGENATION?
Q. AND WAS IT YOUR UNDERSTANDING THAT BECAUSE THE ENT, WHILE YOU WERE TALKING WITH DR. Z., STILL COULD NOT GET AN AIRWAY IN TO GIVE DONALD PROPER OXYGENATION, THAT HE WAS CONTINUING TO SUFFER AN INJURY FROM A LACK OF OXYGENATION?
Q: WAS IT YOUR UNDERSTANDING, WHEN YOU WERE TALKING WITH DR. Z. IN THE HALLWAY, THAT A RESULT OF THE PHYSICIANS WHO WERE THERE TAKING CARE OF DONALD NOT BEING ABLE TO GET AN AIRWAY IN HIM, AND THAT’S WHY DONALD WAS CONTINUING TO SUFFER AN INJURY FROM LACK OF OXYGENATION?
A. YES. (See Part 4 of 8.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.