ClickCease Medical Negligence | Walkup, Melodia, Kelly & Schoenberger

Medical Negligence

In Doe Infant v. Healthcare Facility (Court and County confidential) Khaldoun Baghdadi negotiated a combination cash and annuity settlement with a present value of $9,000,000 on behalf of a severely disabled 4 year-old child and her parents. The child was born with severe congenital disabilities. The matter was prosecuted as a wrongful life case per CACI 512 and premised upon the failure to conduct follow up prenatal diagnostic testing which was indicated according to the standard of care. Pursuant to the holding in Turpin v. Sortini (1982) 31 Cal.3d 220, the parents sought recovery of the economic damages required to care for their daughter. The child’s ongoing medical needs were substantial. She required treatment and medication for seizure management and attendant care for activities of daily living including feeding, bathing and toileting. The child was unable to walk or provide for her own needs. In addition to the customary experts in the fields of physical medicine and rehabilitation and life care planning, liability experts in the field of radiology and obstetrics were retained to testify in the case. By utilizing a special needs trust in conjunction with structured annuities and a substantial cash payment, Khaldoun was able to help the parents maintain their daughters right to receive public benefits, thereby maximizing the benefit to the family of the negotiated settlement.