Case details
Urinary tract infection does not cause pre-term labor: defense
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
brain, brain damage, brain injury, cognition, encephalopathy, impairment, mental, psychological
FACTS
On Nov. 18, 2008, Jessica Harris, a 20 year old who was 25 weeks pregnant, was examined by Dr. Malkeet Gupta. Harris underwent a urinalysis and was diagnosed with a urinary tract infection. She was then discharged home with a prescription for Keflex and instructed to follow-up with her primary care doctor. The following morning, Harris presented to the Labor and Delivery Unit of a hospital, where she was determined to be in labor and already 8-centimeters dilated. As such, an emergency cesarean section was performed and she gave birth to plaintiff Jayla Zuniga, who weighed 1.75 pounds and had severe respiratory complications. The infant was diagnosed with patent ductus arteriosus, a congenital heart disorder, and developed an intraventricular hemorrhage, a bleeding into the brain’s ventricular system, on Nov. 23, 2008. Harris, who was acting as Jayla’s parent and guardian, sued the Gupta; the doctor’s employer, Antelope Valley Emergency Medical Associates; and the head of Gupta’s medical group, Dr. Michael Leidner. Harris alleged that Gupta failed to diagnose her symptoms as pre-term labor and that this failure constituted medical malpractice. She also alleged that Antelope Valley Emergency Medical Associates and Leidner were vicariously liable for Gupta’s actions. Prior to trial, Leidner was voluntarily dismissed from the action, and other named parties were let out of the case. Thus, the matter proceeded to trial against Gupta and Antelope Valley Emergency Medical Associates only. Harris claimed that she complained of abdominal and back pain, as well as pain during urination, when she presented to Gupta on Nov. 18, 2008. Thus, she claimed that Gupta failed to associate her symptoms with possible pre-term labor, and that he should have referred her to an obstetrician or someone associated with labor and delivery. Harris further claimed that she should have been transferred to the labor and delivery unit due to her urinary tract infection. Plaintiff’s counsel contended that had Harris been transferred to the labor and delivery unit, she could have been administered tocolytics, which would have slowed down or even stopped the labor. Counsel also contended that had tocolytics been administered on Nov. 18, 2010, steroids could have been used during labor, resulting in a normal or near-normal infant. Gupta claimed that when Harris presented on Nov. 18, 2008, she only complained of pain during urination and did not mention pain in her abdomen or back. Defense counsel contended that Harris gave conflicting accounts when she returned to the hospital the following morning, telling one nurse that her back pain began after she was discharged on Nov. 18, 2008, while telling other hospital personnel that she complained of back and abdominal pain while she was still in the emergency room on Nov. 18, 2008. Defense counsel argued that because a urinary tract infection is not pregnancy-related, the diagnosis did not justify transferring Harris to the Labor and Delivery Unit, according to the hospital’s triage guidelines. Counsel further argued that a urinary tract infection does not cause pre-term labor, and that the pre-term labor was caused by Harris having a shortened cervix., Jayla was born weighing 1.75 pounds and having severe respiratory complications. She was subsequently diagnosed with patent ductus arteriosus, a congenital heart disorder, and developed an intraventricular hemorrhage, a bleeding into the brain’s ventricular system, on Nov. 23, 2008. She also suffered hypoxic ischemic encephalopathy, a condition in which the brain did not receive enough oxygen, resulting in permanent brain damage. Jayla now suffers from severe physical and cognitive impairments, including an inability to speak, walk, or control her own bladder and bowel movements. As a result, she has been receiving ongoing care from Totally Kids in Sunland, a sub-acute care facility. At trial, plaintiff’s counsel contended that Jayla had a life expectancy of 45 to 50 years, and that she will require permanent attendant care. Thus, Jayla’s mother sought recovery of $18,953,000 in medical costs, as well as $800,000 to $1,349,126 in Jayla’s future loss of earning capacity and $250,000 in general damages. Defense counsel did not dispute the severity of Jayla’s condition, but argued that her life expectancy was eight to 12 years. Thus, counsel argued that Jayla’s future damages were much lower than projected by plaintiff’s counsel.
COURT
Superior Court of Los Angeles County, Lancaster, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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