Case details
Clinic claimed it properly placed intrauterine device
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Aug. 7, 2009, plaintiff Reyna Cana, an unemployed woman in her 30s, presented to Clinica De Los Angeles for the placement of an intrauterine device. On Sept. 17, 2009, Cana discovered she was seven-weeks pregnant, but couldn’t have the IUD removed. As a result, she miscarried at three months gestation. Cana sued Clinica De Los Angeles and the owner of the clinic, Yaghi Mohamad. She alleged that the defendants’ actions constituted medical professional negligence. Mohamad was ultimately dismissed from the case prior to trial. Thus, the matter proceeded to trial against the clinic only. Cana claimed that the nurse practitioners at Clinica De Los Angeles did not properly test her for pregnancy, explaining why it went undetected, and that they also negligently placed the IUD. Cana also claimed that the practitioners cut the IUD strings too short so that it could not be removed when the pregnancy was discovered. Defense counsel contended that Clinica De Los Angeles complied with the standard of care and that the nurse practitioners took all appropriate precautions to exclude pregnancy, including administering a urine pregnancy test, which was negative. Counsel further contended that the IUD was not negligently placed and that Cana did not test positive for pregnancy until a month after the IUD was inserted., Cana claimed that because the IUD could not be removed, her fetus became nonviable and resulted in a miscarriage. She alleged that as result, she suffers from emotional distress. Thus, Cana asked the jury to award $250,000 in noneconomic damages for her past and future pain and suffering. Defense counsel argued that Clinica De Los Angeles did not cause Cana’s alleged damages, and asked the jury to render a defense verdict.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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INJURIES:
- anxiety
- brain
- brain damage
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- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
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- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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