Case details

Family doctor delayed delivery of twins, guardian claimed

SUMMARY

$12132780.8

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
brain, brain damage, brain injury, language, sensory, speech
FACTS
On June 27, 2008, plaintiff Brian Cuevas was born. Brian’s mother, Evelia Ontiveros, had a high-risk monochorionic-diamniotic twin pregnancy. Earlier on June 27, 2008, she presented for a routine prenatal exam with family practitioner Dr. Teresa Madrigal at the Pittsburg Health Center. While performing a nonstress test before Ontiveros’ appointment with Madrigal, a nurse was unable to find the heartbeat of one twin and determined that the other twin’s reading was nonreactive. As a result, the nurse called Madrigal, who attended to the patient. Ontiveros was then taken to Contra Costa Regional Medical Center, where an emergency Caesarean section was performed. Brian was suffered a hypoxic brain injury during his birth. His twin died. Lisa Servin, acting as Brian’s guardian ad litem, and Brian’s parents, Evelia Ontiveros and Jose Cuevas, sued Madrigal; the operator of Pittsburg Health Center, Contra Costa Regional Medical Center and Contra Costa County Health Centers, Contra Costa Health Services; and other employees of Contra Costa Health Services, Dr. Scott Loeliger, Dr. Sunthara Hay, Dr. Fred Beck and Dr. Camilo Zaks. Servin and Brian’s parents also sued Dr. Ralph DePalma, Dr. Janet Goldman and Dr. Susan Fong; and their medical offices, East Bay Physician Management Inc. and East Bay Perinatal Medical Associates. Dr. Huy Dao, another doctor with Contra Costa Health Services, was later added as a “Doe” defendant. Servin and Brian’s parents alleged that the defendants failed to properly treat Ontiveros’ pregnancy and failed to timely treat the emergency situation. They also alleged that these failures constituted medical malpractice. Prior to trial, Brian’s mother, who claimed she suffered perinatal depression, settled out for $250,000, the maximum available under the Medical Injury Compensation Reform Act (MICRA). Brian’s father was dismissed from the case prior to trial. Also, East Bay Physician Management; East Bay Perinatal Medical Associates; and East Bay’s doctors, DePalma, Goldman and Fong, were let out of the case on summary judgment. In addition, the parties stipulated that all of Contra Costa Health Services’ employees would be dismissed if Contra Costa Health Services accepted liability for all of its employees. Thus, the matter proceeded to trial with Brian’s claims (through his guardian ad litem, Servin,) against Contra Costa Health Services only. Plaintiff’s counsel argued that Madrigal, as a family practitioner, was unqualified to handle high-risk twin pregnancies. Counsel contended that Madrigal admitted in deposition that she did not understand many of the risk factors of Ontiveros’ pregnancy, including twin-to-twin transfusion, artery-to-artery anastomosis, and marginal cord insertion, among other risk factors. Thus, plaintiff’s counsel argued that Madrigal allowed the pregnancy to continue for too long and that in a pregnancy with these risk factors, delivery should have occurred by 37 weeks. Counsel also argued that Madrigal and Loeliger failed to respond appropriately during the emergency on the morning of June 27, 2008, in that Madrigal and Loeliger delayed transport of Ontiveros to the hospital for an emergency C-section. Counsel further argued that Contra Costa Health Services should have had better oversight and protocols to prevent family practitioners from managing high-risk pregnancies. In addition, plaintiff’s counsel introduced evidence that Madrigal altered the medical records after she learned of the death of one of the twins and gave false deposition testimony in an attempt to blame the mother for the tragedy. Specifically, counsel noted that Madrigal made entries in Ontiveros’ chart for visits weeks earlier, which purported that Madrigal had discussed the delivery date with a doctor and with Ontiveros. Madrigal denied altering Ontiveros’ chart. Defense counsel contended that Ontiveros’ pregnancy could have been delivered up to 38 weeks and that Madrigal was qualified to manage the pregnancy. Counsel argued that Madrigal expected the perinatologist, who was providing ultrasounds, to notify her if she needed to deliver Ontiveros’ babies earlier. In addition, defense counsel argued that Ontiveros should have brought herself to the hospital earlier and that doctors must not rush in an emergency situation, even if the patient is possibly injured., Brian suffered a hypoxic brain injury, resulting in permanent brain damage. Brian is now 6 years old and is left with speech problems, coordination issues, and problems with his motor skills. Plaintiff’s counsel contended that Brian requires intensive and extensive speech and language therapy, assistive augmentative communication devices, and occupational and physical therapy. Counsel also contended that due to Brian’s motor and speech issues, Brian requires a specialized school. However, Brian’s family claimed that they were unable to obtain proper care for Brian, and that they were limited to having Brian use the care provided through the county and the school system. Plaintiff’s counsel contended that Brian will never be able to live independently or be employed. However, counsel provided evidence that despite Brian’s deficiencies and vulnerability, his life expectancy will not be diminished. Defense counsel argued that Brian’s life would be reduced by 20 years.
COURT
Superior Court of Contra Costa County, Contra Costa, CA

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