(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 testify that despite the circumstances here of some elevated blood pressure, some indication of PIH, fetal distress, and an ASA of 2-3:
a) It was below the standard of care for Dr. X. not to provide a rapid sequence general anesthesia (which would have taken 2-3 minutes), and
b) It is impossible that the spinal took only 2 minutes. Instead, such anesthesia would have required at least 7-10 minutes to conduct. If the spinal took longer to take effect than Dr. X. has been willing to admit, the difference in the time it took to complete it, compared with general anesthesia, was a significant factor in this child’s catastrophic birth injury outcome.
The reports of plaintiff’s expert pediatric physiatrist, Amy Morris, MD, and the expert pediatric neurologist, Dr. William Samuels, have been provided. Further, the Life Care Plan of Karen Collins, RN, and the economic report of Peter Steiners, Ph..D. have also been provided. Based on the medical condition of Martha Cruz and the level of care required for proper care at home, including a gastrostomy feeding tube and the high probability that she will require a tracheostomy, Plaintiff’s experts have testified that she will require 24-hour LVN care, plus other medical expenses. There is no off-set for Medi-Cal payments now or in the future, under current case law. Based on a markedly reduced, but probable, life expectancy of 30 additional years, the present cash value of her life care plan is $11.5 million per plaintiff’s economist, or $9.2 million per the defendant’s economist. Additionally, there are future loss of earnings in the range of a present cash value of $750,000 to $1,000,000.
STATUS OF SETTLEMENT NEGOTIATIONS:
Dr. U. has settled for policy limits of $1,000,000. Of that amount, $250,000 was paid to the parents to settle the potential wrongful death action. Nothing was paid to Ms. Cruz for her NIED claim. A total of $750,000 was allocated to Martha Cruz, and part of the Medi-Cal lien was paid. The Lien is $234,070.50, as of June 3, 2006.
On October 22, 2004, a C.C.P. 998 offer was made by Martha Cruz on Regional Medical Center for the sum of $3,500,000.00. On the same date, a C.C.P. 998 demand was also made by Martha Cruz on Dr. X. for the sum of $1,000,000.00. There were no responses by the Defendants. The offers were not extended. At a prior mediation requested by the Medical Center, an offer of $1.5 million was made but was not accepted. There has been no offer by Dr. X..
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.