Case details

Patient alleged failure to test, resulted in brain injury

SUMMARY

$3500000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
brain, brain damage, head, headaches, internal bleeding
FACTS
On Nov. 18, 2008, plaintiff Juana Montoya, 35, a homemaker, gave had her baby delivered at Harbor-UCLA Medical Center. Montoya claimed that she began experiencing severe headaches during the birthing process, which continued afterward. She was eventually discharged from the hospital on Nov. 19, 2008, and one day later, collapsed at her home. Montoya was subsequently taken back to the hospital, where she claimed she waited in the hallway for four to six hours. She then lost consciousness while still in the hallway and was ultimately diagnosed with a hypoxic brain injury from intracranial bleeding. Montoya sued the hospital’s operator, the county of Los Angeles, and a treating physician, Dr. Kevin Amaya. She alleged that Amaya and other personnel from the hospital failed to provide adequate medical care, and that the county was vicariously liable for his actions. She also alleged that their failure constituted medical malpractice. Amaya was ultimately dismissed from the case, and the matter proceeded against the county only. Plaintiffs’ counsel asserted that hospital personnel failed to perform any diagnosing testing on Montoya after she gave birth and before discharging her, despite the fact that she suffered from severe headaches. Counsel contended that the headaches should have been an immediate precursor, under any circumstances, to perform at CT scan or other diagnostic testing. Plaintiffs’ counsel also asserted that at some point while Montoya gave birth, or immediately thereafter, she suffered a stroke that caused her hypoxic brain injury. Montoya claimed that when she returned to the hospital, after collapsing at her home, she was left to sit in the hallway for four to six hours when it should have been more apparent that she needed immediate care. Plaintiffs’ counsel asserted that had hospital personnel performed a CT scan on Montoya and diagnosed her intracranial bleeding earlier, they could have performed a procedure to alleviate the bleeding and prevent her brain damage. Defense counsel asserted that there was nothing that could have been done to prevent Montoya’s brain injury. Counsel also contended that hospital personnel acted within the standard of care in their treatment of Montoya., Montoya suffered intracranial bleeding that resulted in a hypoxic brain injury. She claimed that the hypoxia ultimately resulted in permanent, severe brain damage. Montoya claimed that she is now vacant, in that she exhibits slow response time and has difficulty in everyday aspects of life. She also claimed she cannot feed or shower herself, among other things, and that she requires full-time attendant care. The husband, Abel Montoya, presented a derivative claim, seeking loss of consortium. He claimed he had to leave his job to provide care for his wife and that they require full-time attendant care so that he can return to work. He also claimed that he is still responsible for all household services, as well as taking care of their three children. Thus, the plaintiffs presented a life care plan of approximately $3.5 million. Defense counsel contested the extent of Mrs. Montoya’s brain injury, arguing that it wasn’t as severe as she alleged and was psychological, as opposed to being organic. However, plaintiffs’ counsel asserted that the injury was both organic and psychological.
COURT
Superior Court of Los Angeles County, Compton, CA

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