The Baum & Blake Report
Spring 2004
Printable version (PDF)
David Baum Obtains $71 Million Jury Verdict
Largest Personal Injury Verdict in California in 2003.
David Baum obtained California's largest single personal injury verdict in 2003 when a jury awarded $71 million to a 9 year old child who suffered severe brain damage as a result of the failure to detect a genetic abnormality while the child was being cared for at several of California's leading hospitals.
The Facts
The Plaintiff, Michael Cook, was born at Stanford Hospital. A blood sample taken for a standard new-born screening test was reported as negative. Michael was thereafter under the care of pediatricians at The Palo Alto Medical Clinic where he had apparent developmental delays. He was then referred for further evaluation to a pediatric neurologist at University of California, San Francisco.
The plaintiff was diagnosed with Phenylketonuria (PKU) at 5 years 8 months of age. PKU is a rare metabolic disorder that causes brain damage unless the patient is diagnosed and given a special diet to prevent accumulation of enzyme buildup, which is toxic to brain. Diagnosis is by means of the standard screening that Michael was given. However, in this case, the plaintiff claimed that the birth hospital (Stanford) was negligent for taking the blood test too early so that the test resulted in a false negative reading.
The Plaintiff further alleged that The Palo Alto Medical Clinic pediatrician failed to adequately review the newborn screening test result and to realize that the test had been administered prematurely and failed to order metabolic testing when Michael had delayed developmental milestones suggesting a possible metabolic disorder. Plaintiff also claimed a subsequent pediatric neurologist at The University of C'a'lifornia, San Francisco, also failed to do an adequate work-up and timely metabolic testing.
The Issues
All the Defendants argued that they complied with standard of care in a very rare case. Stanford claimed that the State Department of Health standards for taking a newborn blood sample did not mandate a specific time for its collection and that its screening program was run in the same manner as other hospitals, thus complying with the standard of care. The Palo Alto Medical Clinic claimed that its pediatrician was entitled to rely upon the State's original test result without questioning its reliability and that, because of rarity of PKU, there was insufficient basis to suspect its presence and to require further testing. The University of California claimed that that all of the brain damage to the plaintiff had already occurred by the time its physicians were consulted and that, in any event, its physicians complied with the standard of care.
Injuries and Damages
Michael suffered permanent brain damage with mental retardation. He requires lifetime care and will never be capable of independent employment. His claim included future loss of earnings as an average college graduate. There was no claim for medical expenses to the time of trial because of the California MICRA statute which allowed Defendants a set off for benefits paid by insurance. The major claim was for future medical and attendant care, special education, and rehabilitation all of which Defendant contended would be provided by the State at little or no cost.
The Trial
Before trial Defendants did not make any substantial settlement offers. David Baum tried the case alone against the team of attorneys for the Defendants. The trial lasted 5 weeks and included 17 experts from multiple medical disciplines as well as economics. The debate over the costs of future medical care was a critical trial issue and as shown by the trial exhibit, produced below, the historical increase in the costs of such care was important evidence in justifying the economic projections of future medical costs.
Plaintiff settled during trial with the University of California but went to verdict against the other two Defendants. The verdict was for Plaintiff in the sum of $71 million and included over $56 million for future medical, education, and rehabilitation care and over $14 million for future lost earnings. Because of California's MICRA statute the award for past and future pain, suffering and disability was limited to $250,000.
There was no appeal and the full judgment is being paid.
International Videoconferencing Allows Everts and Witnesses to Testify from South Africa
South African business woman who sustained a significant shoulder injury while visiting California received a substantial six figure settlement as the jury was about to be selected in Santa Ana, Orange County California. The case was complex because her orthopedist, employer and other material witnesses resided in South Africa but this difficulty was resolved when the witnesses were able to provide trial testimony through recorded international videoconferencing depositions. Proof of the extent of her injuries was difficult because she had no significant complaints while she was in California after the accident. However, by the time she had returned to South Africa, her shoulder was frozen and despite several operations she was left with permanent limitation of shoulder motion. Fortunately, her treating orthopedist, who was adept at Powerpoint presentations, was able to give such a presentation of her MRI and CT scans during his videoconferencing trial deposition. "This presentation allowed us to discredit the defense claims of a pre-existing injury, to put on the best witnesses for the client and to have evidence in a form that not only expedited the presentation of the trial but also insured that a foreign Plaintiff was at no disadvantage in presenting her case in California," said Martin Blake who represented the client.
Baum & Blake have previously used live videoconferencing testimony in trial to provide effective presentation of evidence for their clients.
Martin Blake Inducted into the International Academy of Trial Lawyers
Baum & Blake are pleased to announce that Martin Blake has been inducted into the International Academy of Trial Lawyers. Membership in The Academy is by invitation after a rigorous screening process to determine the trial skills and reputation of each individual. There are no more than 500 attorneys (civil and criminal) in the United States who are Fellows of the Academy. The firm is unique in that both partners are now members of one of the most prestigious trial lawyer organizations in the United States.
David Baum to Speak on Presenting Medical Evidence at Trial at ATLA Conference in Boston
avid Baum has been invited to speak to the Motor Vehicle, Highway and Premises Liability Section Meeting on July 5, 2004 at the Association of Trial Lawyers' Annual Convention in Boston. His subject is the successful presentation of medical testimony at trial and he will be discussing how to conduct an effective direct examination of a physician expert. Some 2,000 practicing trial lawyers attend the Convention.
