Kaiser Agrees to Pay $4M on Birth Delay Claim
By Tish Kraft
SAN FRANCISCO (CN) - A woman has agreed to settle a medical malpractice claim against Kaiser for $4.1 million, according to a petition to approve settlement filed Friday in San Francisco County Superior Court.
The woman, as guardian ad litem, accused Kaiser of delayed delivery of her great grandson despite days of signs and symptoms of the baby's mother being in labor, causing the boy "catastrophic injuries" resulting in spastic cerebral palsy and a life of dependence.
The now seven-year-old boy has severe global developmental delay, cerebral palsy and epilepsy, and requires 24-hour-a-day supervision, according to a letter from the Neurology Department at Stanford University Medical Center, attached to the petition. He cannot walk or crawl, communicate or follow commands, and is dependent for all activities of his daily life, according to the letter.
Delores Lee, guardian ad litem for minor plaintiff Demorea Ferdinand had accused Kaiser Foundation Hospitals; Kaiser Foundation Health Plan Inc.; and The Permanente Medical Group of negligence resulting in delayed delivery.
Mitchell Law Group of San Francisco will handle $2,250,000 of the settlement, as trustee.
Susan Gibbs, Esq., of the Law Office of Susan Gibbs, will prepare the Special Needs Trust and the Petition for Approval of the Special Needs Trust.
The plaintiff is represented by Jeffrey S. Mitchell of Mitchell Law Group in San Francisco.