Confidential vs Confidential Settlement Medical Malpractice
$2,200,000 Recovered for a California Mother.
A Confidential vs Confidential Settlement Medical Malpractice Tragedy Case Review: 3 Devastating Errors That Caused Permanent Birth Injury By Setareh Law Group
A Notable Exception: Personal Injury Success
While Setareh Law Group now primarily focuses on employment law and advocating for workers’ rights, Mr. Setareh has also achieved remarkable results in select personal injury cases. The following case represents one of the most significant birth injury settlements ever reported in California. Demonstrating our commitment to fighting for justice regardless of the legal arena.
Due to confidentiality, party names and docket details aren’t public.
A Confidential vs Confidential Settlement Medical Malpractice Case Review By Setareh Law Group
The Medical Tragedy
In 2003, Mr. Setareh’s client was pregnant with her third child and under the care of an obstetrician for prenatal treatment and delivery. Despite clear warning signs and risk factors, the physician failed to recognize that the baby was at high risk for a serious and preventable birth complication.
The Critical Error: Failure to Perform a C-Section
The obstetrician made the fateful decision to proceed with a vaginal delivery rather than performing a cesarean section (C-section), despite indicators that suggested the baby was at significant risk for injury during natural birth. This decision would have devastating, lifelong consequences.
Shoulder Dystocia and Permanent Nerve Damage
During delivery, the baby suffered a condition known as shoulder dystocia. A serious obstetric emergency where the baby’s shoulder becomes trapped behind the mother’s pubic bone after the head has already been delivered. This complication can occur when:
- The baby is larger than average (macrosomia)
- The mother has gestational diabetes
- Labor is prolonged or difficult
- There is a history of shoulder dystocia in previous deliveries.
When shoulder dystocia occurs and is not managed properly, excessive force or traction applied to deliver the baby can cause severe injury to the brachial plexus, the network of nerves that controls movement and sensation in the shoulder, arm, and hand.
The Devastating Result: Erb's Palsy
The child suffered permanent nerve damage to their arm, resulting in a condition commonly known as Erb’s palsy or brachial plexus injury. This condition causes:
- Partial or complete paralysis of the affected arm
- Loss of sensation and motor function
- Inability to perform normal movements like lifting the arm, bending the elbow, or rotating the wrist
- Significant impairment in daily activities and quality of life
- Need for ongoing medical treatment, physical therapy, and possibly multiple surgeries
- Permanent disability that affects the child for their entire life
This was an entirely preventable tragedy. Had the obstetrician properly assessed the risk factors and performed a C-section, the child would have been born healthy without any nerve damage or paralysis.
The Legal Battle: Overcoming Unprecedented Obstacles
1. The Uninsured Physician
The defendant obstetrician had no medical malpractice insurance coverage—an extremely rare and problematic situation. This meant:
- There was no insurance company to negotiate with or collect from
- The physician’s personal assets would be the only source of recovery
- The risk of recovering nothing was substantial
2. Bankruptcy Threats
Compounding the problem, the physician threatened to file for bankruptcy protection before any judgment could be obtained. If successful, this would have:
- Discharged or significantly reduced any judgment against the doctor
- Left the injured child and family with little to no compensation
- Made years of litigation essentially worthless
3. Strategic Pressure and Legal Maneuvering
Mr. Setareh had to navigate a complex legal strategy that would:
- Prevent the physician from successfully discharging the debt through bankruptcy
- Identify and preserve assets that could satisfy a judgment
- Apply pressure through litigation to force a settlement
- Move quickly enough to secure compensation before assets disappeared
The Breakthrough Settlement
Through aggressive and strategic litigation, Mr. Setareh ultimately backed the defendants into a corner. Faced with the strength of the evidence, the severity of the injury, and the legal strategies Mr. Setareh employed, the defendants concluded they had no viable defense and no choice but to settle the case before trial.
The resulting settlement was one of the largest ever reported for this type of birth injury. Providing the child and family with the financial resources needed for:
- Lifelong medical care and treatment
- Multiple reconstructive surgeries
- Ongoing physical and occupational therapy
- Adaptive equipment and home modifications
- Compensation for pain, suffering, and lost quality of life
- Financial security despite the child’s permanent disability
Relevant Resources and Information
To learn more about birth injuries and brachial plexus damage, consider these authoritative resources:
Medical Information:
Birth Injury Information:
- United Brachial Plexus Network – Support and resources for families
Thank you for reading a Confidential vs Confidential Settlement Medical Malpractice Case Review By Setareh Law Group.
*Disclaimer: This information is provided for educational purposes and does not constitute legal advice. Each case is unique, and outcomes depend on specific facts and circumstances. Consult with a qualified California employment attorney to discuss your individual situation. The settlements and case results summary overview described on this page represent outcomes in specific cases and should not be interpreted as a guarantee, warranty, or prediction of the outcome of any other case. Case valuations depend on numerous factors including the severity of injuries, the strength of evidence, the jurisdiction, and many other variables unique to each matter.
Practice Areas:
Table of Contents
- verified by Trustindex