Medical malpractice lawsuit vs University of California settled. Personal injury attorney claims staff responsible for child’s brain injury. Judge ok’s deal.

The plaintiff, Cannon Hoops was born at the UC Davis Medical Center on December 1, 2004, and suffered brain injuries during the delivery. Doctors and medical staff were blamed for the incident, which has resulted in a $5.75 million out of court settlement. A Sacramento judge approved the settlement on Friday.

Personal injury attorney Bruce Fagel, a lawyer for Cannon Hoops’ parents, filed a medical malpractice lawsuit claiming University of California Davis medical staff were responsible for injuries that resulted in the child developing cerebral palsy and brain damage.

Attorneys for the University of California Board of Regents have stated that this is the largest medical malpractice settlement that the California university system has paid to settle a lawsuit to date. Attorneys for the board refused to comment on the settlement.

Personal Injury Attorney in Case:

Dr. Bruce Fagel & Associates
California Medical Malpractice Lawyer
Phone: (800) 541-9376
Website: http://www.fagellaw.com

Dr. Fagel is both an attorney and physician. Dr. Bruce Fagel & Associates represents plaintiffs in medical malpractice cases in the states of California and Nevada.

Jury awards $2.9 M in California medical negligence case

A judge may soon finalize a $2.9 million medical malpractice award against two Doctors in California, after a single Father filed a negligence lawsuit resulting from his wife dying from ovarian cancer.

A jury found that Dr. Young S. Kim, a primary care physician and Dr. Carline Louis-Jacques, an obstetrician failed to properly diagnose and treat a massive ovarian tumor that had been detected by medical tests during the wife’s pregnancy. The jury also found two other physicians (maternal fetal specialists) at Magella Medical Group to also be negligent. Dr. Carline Louis-Jacques also faced discipline from the Medical Board of California in 2001 for a prior negligence case.

Scott Berger’s personal injury attorneys stated that his wife should have been referred to an oncologist, after tests revealed that she had a tumor. She was instead mistakenly told that she suffered from a cyst that may have gone away on its own.

The Mother was not diagnosed with ovarian cancer until six months after giving birth. She died two months after being admitted to an emergency room for treatment.

Plaintiffs in medical malpractice cases can collect a maximum of $250,000 for pain and suffering under California state law. The $2.9 Million verdict was based upon the $250,000 for noneconomic losses, plus the award of medical costs and estimated earnings that were lost due to the wife’s death.

A five-week jury trial in a Los Angeles, California court cost the Father’s personal injury lawyers approximately $200,000 to litigate against attorneys representing the physician’s medical malpractice insurance carriers.

Attorney In Case:
Law Offices of Sonia Chaisson
11355 W Olympic Blvd
Los Angeles, CA 90064
310-477-3207

The plaintiffs in the case have alleged that their daughter suffered brain damage during delivery, due to negligence of their physician Doctor Ronald Baird. The Doctor denies the couple’s allegations and has refused to grant permission to his medical practice’s insurance company to settle the lawsuit claim out of court. A personal bankruptcy filing by the physician and a ruling from the Denver 10th Circuit Court of Appeals has the possibility of bringing the litigation to an end, against the physician’s wishes. A “right to settle” has so far been ruled to be an asset, which falls under the direction of the trustee.

If the couple obtains the right to settle the lawsuit from the appeals court, a claim can be submitted for $1 million to the physician’s insurance company, said the couple’s personal injury lawyer.

Links: Utah Courts Law Library