Professional Negligence Law Reporter
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Failure to Perform Emergency Cesarean Section
September/October 2019In re: Sophie Vergara, No. CPF-18-516366 (Cal. Super. Ct. San Francisco Cnty. Dec. 20, 2018).
During Sophie Vergara’s delivery at the Kaiser Permanente San Francisco Medical Center, there were signs of fetal distress. Nevertheless, Kaiser treating providers continued with a vacuum-assisted delivery. Vergara suffered a brachial plexus injury and brain damage, necessitating resuscitation and treatment with seizure medication. Now 6, she has been diagnosed as having spastic quadriplegia cerebral palsy, requiring 24-hour care.
Vergara’s parents and Vergara’s father, on her behalf, sued Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., and The Permanente Medical Group, Inc., alleging failure to timely recognize and respond to fetal distress and failure to perform an emergency cesarean section. The parties settled for approximately $9.9 million, including $250,000 to Vergara’s parents.
Plaintiff counsel: AAJ members Michael A. Kelly and Christian R. Jagusch, both of San Francisco.
