Case details

Doctor claimed mother had normal blood pressure at visit

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
autism, brain, brain damage, brain injury, cerebral palsy, impairment, mental, neurological, neurological impairment, psychological, sensory, speech, traumatic brain injury, vision
FACTS
On May 8, 2013, plaintiff Jessica Brambila, a pregnant, unemployed woman in her 20s, developed eclampsia and suffered a grand mal seizure. She was rushed to a hospital for a Cesarean delivery, and her baby, Melia Whitehead, was delivered that day. Brambila claimed that Melia had suffered a brain injury, resulting in cerebral palsy. After the delivery, Brambila suffered cardiac arrest and another seizure. Brambila claimed that her eclampsia’s symptoms were evident but not treated on April 28, 2013, when she presented to the emergency department at Pomona Valley Hospital Medical Center, in Pomona. At that time, she was in her 26th week of gestation. She complained of severe pain in her right, upper abdomen and epigastric region, but she also reported that she had recently eaten a lot of fast food. Brambila had slightly elevated blood pressure and protein in her urine. She was diagnosed with gastritis and sent home. On May 3, 2013, Brambila was seen in the office of her obstetrician, Dr. Tahira Akram, and was found to have normal blood pressure and an ambiguous urine protein test result. Brambila was referred to a perinatologist for further care of suspected gestational diabetes. She was not treated until her seizure. Brambila, acting individually and as Melia’s guardian ad litem, sued Akram; Pomona Valley Hospital Medical Center; the emergency medical doctor who saw Brambila at Pomona Valley Hospital Medical Center, Dr. Victoria Shook; Shook’s medical group, California Emergency Physicians Medical Group; and the emergency medical physician assistant who saw Brambila at Pomona Valley Hospital Medical Center, Jaison Fraizer. Brambila alleged that Akram failed to diagnose preeclampsia on May 3, 2013, and that the remaining defendants failed to appropriately treat her when she presented to Pomona Valley Hospital Medical Center on April 28, 2013. Shook, Fraizer and California Emergency Physicians Medical Group settled out of the case. The matter continued against Akram and the hospital. Plaintiff’s counsel contended that when Brambila presented to the hospital on April 28, 2013, she had the hallmark signs of preeclampsia but was misdiagnosed. Counsel also contended that Melia suffered a hypoxic ischemic brain injury, which occurred when Brambila had her seizure. Akram’s counsel contended that Akram appropriately evaluated Brambila on May 3, 2013, and that Brambila had no elevated blood pressure at that time, which ruled out preeclampsia as a diagnosis. Pomona Valley Hospital Medical Center’s counsel contended that the hospital’s nursing staff acted appropriately in treating Brambila and that Melia did not suffer a traumatic brain injury but suffered from autism due to her being premature, which was unavoidable. Counsel further contended that even if Brambila was preeclamptic, the treatment was to deliver the baby, which did occur., Brambila suffered two grand mal seizures and cardiac arrest. She was rushed to a hospital for a Cesarean delivery, and her baby, Melia, was delivered. Brambila claimed that she suffered a brain injury due to the seizures and cardiac arrest. Brambila claimed that she has visual field deficits as a result of her brain injury. However, she did not make a claim for future medical care, nor did she claim that she was unable to work. Brambila also claimed that Melia suffered a hypoxic ischemic brain injury, resulting in cerebral palsy. Melia is now 6 years old, and Brambila claimed that Melia has a slightly abnormal gait as well as speech, language and social communication delays. Brambila claimed that Melia needs 24-hour attendant care as well as special schools and therapies. She also claimed that Melia will never be able to enter the workforce. Plaintiffs’ counsel asked the jury to award Brambila and Melia $15 million in total damages. Defense counsel denied that Melia suffered a traumatic brain injury and, instead, contended that Melia suffered from autism due to her being premature. Counsel also contended that Melia was a functional autistic child.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case