Medical Malpractice Trial Over Child Brain Damage Begins

LOS ANGELES, California — A California state court jury commenced hearings on Friday, April 19th, 2024, in a medical malpractice lawsuit alleging that delays in performing a C-section resulted in extensive permanent child brain damage

Plaintiff Karina Bautista filed the suit against Emanate Health Foothill Presbyterian Hospital in 2018 on behalf of her son Matthew. She claims that her 2012 delivery involved unnecessary delays, breaching the hospital’s emergency birth policies. However, Foothill Presbyterian contends that Matthew suffered the brain injury before Karina’s arrival, and their treatment was standard.

Attorney Maro Burunsuzyan stated during opening remarks that Karina and her husband were held in the emergency room’s waiting area for an hour before being transferred. When staff noticed fetal distress, an “emergency” C-section was ordered. Despite policies requiring a timely response, the procedure began late, allegedly causing brain damage.

Rosa contended that Matthew’s condition after birth did not align with the severity of a recent brain injury, citing neurological tests administered immediately post-delivery.

Burunsuzyan argued that even a 10-minute earlier delivery could have made a difference. She accused the hospital of neglecting post-delivery care that could have minimized damage. Matthew, nearly fully disabled, will need extensive care. Burunsuzyan seeks $45 million for care and $2-3.5 million in lost future earnings.

The trial, presided over by Judge J. Stephen Czuleger, is expected to include testimony from multiple expert witnesses.

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