Twin suffers birth injury, claims OB-GYN performed below standard of care during birth. $26M. Sonoma County.
Summary
OB-GYN directs family-practice resident in delivery but does not go to hospital to evaluate patient.
The Case
- Case Name: Quinley Bright v. Matthew Pride, M.D. and Sutter Medical Group of the Redwoods
- Court and Case Number: Sonoma County Superior Court / SCV265779
- Date of Verdict or Judgment: Tuesday, September 17, 2024
- Date Action was Filed: Tuesday, April 16, 2019
- Type of Case: Medical Malpractice
- Judge or Arbitrator(s): Hon. Christopher Honingsberg
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Plaintiffs: Quinley Bright
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Defendants: Matthew Pride, M.D. and Sutter Medical Group of the Redwoods
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $26,295,549.03 including $7 million in non-economic damages that may be subject to MICRA reductions.
- Trial or Arbitration Time: 21 days
- Jury Deliberation Time: 3 1/2 hours
The Attorneys
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Attorney for the Plaintiff:
Abbey Weitzenberg Warren & Emery by Michael D. Green, Santa Rosa.
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Attorney for the Defendant:
Zimmerman Law by Robert H. Zimmerman, Sacramento.
The Experts
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Plaintiff’s Medical Expert(s):
Howard Mandel, M.D., obstetrics.
Ed Riley, M.D., anesthesia.
Fernando Miranda, M.D., neurology.
Murray Solomon, M.D., radiology.
Mechel Henry, M.D., physical medicine.
Barbara Burton, M.D., genetics.
Diana Bubanja, DPT, life care planning.
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Defendant's Medical Expert(s):
Michael Nageotte, M.D., obstetrics.
Neel Madan, M.D., radiology.
Paul Fisher, M.D., pediatric neurology.
Linda Olzak, R.N., life care planning.
Seth Ubogy, Psy.D, neuropsychology.
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Plaintiff's Technical Expert(s):
Paul Thomas, Ph.D., vocational rehab and economics.
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Defendant's Technical Expert(s):
Erik Volk, economics.
Facts and Background
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Facts and Background:
On June 18, 2016, plaintiff’s mother was 35 weeks pregnant with twins. At 7:45 p.m. her water broke, and she began to experience contractions and go into labor. She contacted her obstetrical provider group, defendant Sutter Medical Group of the Redwoods, who paged defendant Dr. Pride. Defendant Dr. Pride was on call at the time but was at home when he spoke with plaintiff's mother and told her to go to the hospital.
At 8:53 p.m. plaintiff's mother arrived at the Emergency Department at the Hospital, Sutter Santa Rosa Regional Medical Center. Plaintiff’s mother reported her last intake of food was 7:30 p.m. She was admitted to the hospital and transferred into the Labor and Delivery Unit at 8:59 pm. This was a high-risk pregnancy involving diamniotic/dichorionic breech/breech twins. This put the twins at risk for an umbilical-cord prolapse, a medical emergency where the umbilical cord exits the cervix before the baby, causing loss of oxygen to the baby.
Defendant Dr. Pride was the attending obstetrician. A second-year family-practice resident was guided and supervised by Dr. Pride throughout this high-risk pregnancy. Significantly, Dr. Pride never went to the hospital to conduct an in-person evaluation of plaintiff’s mother.
Dr. Pride delayed the C-section because of recent food intake. Dr. Pride never conducted a vaginal exam to determine if plaintiff’s mother was in active labor. Plaintiff’s mother continued to have contractions throughout her hospitalization until 1:10 a,m. on June 19th when she sustained a cord prolapse while providing a urine sample. This required an emergency C-section.
Plaintiff infant sustained a 20-minute oxygen depravation injury and sustained significant development delays, cognitive deficits and requires use of a feeding tube for thin liquids.
The family-practice resident was initially sued but later dismissed from the law suit. The Medical Center settled out and was dismissed.
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Plaintiff's Contentions:
That Dr. Pride was ultimately responsible for plaintiff’s mother’s care and treatment that night as the attending obstetrician. That Dr. Pride violated the standard of care by failing to go to the hospital to conduct an in-person evaluation of plaintiff's mother because it was a high-risk pregnancy. Plaintiff further contended that it was below the standard of care to not perform a C-section immediately upon admission to the hospital and that delaying the C-section for food intake was below the standard of care.
Plaintiff also asserted that it was below the standard of care for Dr. Pride to not order a sterile vaginal examination to check the status of labor and it was below the standard of care not to order precautions such as bed rest and use of a catheter to minimize the risk of a cord prolapse while plaintiff's mother was waiting for a C-section.
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Defendant's Contentions:
Defendants contended that all care was within the standard of care and that plaintiff's injuries from the cord prolapse were transient and that her current developmental, cognitive and feeding difficulties were congenital.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
Hypoxic ischemic encephalopathy, brain injury, developmental delays, cognitive deficits, motor coordination deficits, feeding-tube dependent for thin liquids. At time of trial, the minor plaintiff was 8 years old and attending school.
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Past and future medical expenses, general damages, and future loss of earning capacity.
Special Damages
- Special Damages Claimed - Past Medical: $695,548
- Special Damages Claimed - Future Medical: $15,600,000
- Special Damages Claimed - Future Lost Earnings: $3,000,000
Demands and Offers
- Plaintiff §998 Demand: $2,999,000