Date: 02-01-2006

Case Style: Tina Quintero, Jose Quintero and Roger Phillips, as Next Friend for Keith Quintero v. Richard Cardenas, M.D., Richard Cardenas, M.D., P.A., and Weatherford Woman's Clinic

Case Number: 50974

Judge: Don Chrestman

Court: Parker County District Court, 43rd, Texas

Plaintiff's Attorney:

Mark A. Haney and Jeffrey H. Kobs Kobs & Haney, Fort Worth, Texas

Defendant's Attorney:

Elizabeth M. Fraley and Jeffrey R. Ross, Fraley & Fraley,

Description:

On Aug. 29, 2002, plaintiff Keith Quintero was delivered by OB-GYN Richard Cardenas in Weatherford. The baby displayed shoulder dystocia and sustained a brachial plexus injury during birth.

Keith's parents, along with guardian ad litem Roger Phillips as Keith's next friend, sued Cardenas for medical malpractice and sued his professional association and his shared-expense office, Weatherford Women's Clinic, under a theory of respondeat superior. The office and professional association were non-suited before deliberations began.

The plaintiffs alleged that Cardenas should have done a cesarean section and that he applied excessive traction to the baby's head, injuring the brachial plexus. The mother had a platypelloid pelvis, which is shorter and flatter than normal. The plaintiffs' OB-GYN expert said that this condition makes shoulder dystocia more likely and that a C-section was therefore indicated.

The defense contended that a C-section is not indicated for a platypelloid pelvis under any of the medical literature, as long as there is room for the baby's head to come out, which there was, and that Cardenas acted appropriately in response to the shoulder dystocia. Moreover, the injury was to the right arm, whereas the dystocia involved only the left shoulder. The injury was caused by a malpositioning of the right arm, the defense argued, not by shoulder dystocia or anything the doctor did.

Plaintiff's Injuries: arm; brachial plexus avulsion injury

Keith cannot use his right arm or hand effectively. The plaintiffs claimed his lost earning capacity of $300,000 after age 18, plus his future disfigurement and pain and suffering. They did not seek economic damages before age 18.

Defense counsel noted that Keith's father is left-handed and that if he too were, then that would mitigate the damages. Also, according to the defense, the plaintiffs' earnings projections for Keith used Tarrant County rather than Parker County, where they lived , and were therefore too high. Also, the family had lived in Parker County for six generations and neither of Keith's parents had finished high school. Defense counsel argued that Keith would be able to earn a living, and that the parents and their vocational expert were "dooming" him to amount to nothing.

Amount Asked of Jury:

Demand: $200,000 (policy limit) Offer: None (Cardenas did not consent to settle)

Outcome: Defendants' verdict.

Plaintiff's Experts:

Steven Gray, Ph.D., neuropsychology, Colorado Springs, CO

C. Paul Sinkhorn, M.D., OB-GYN - see also gynecology, Riverside, CA

John M. Trapani, Ph.D., economics, New Orleans, LA

Carl Hansen, Ph.D., vocational rehabilitation, Austin, TX

Mary Sue Farrier, O.T., occupational therapy, Fort Worth, TX (treater)

Angel Hernandez, M.D., pediatric neurology, Fort Worth, TX (treater)

Defendant's Experts:

James T. Norwood, M.D., OB-GYN - see also gynecology, Dallas, TX

Comments: Reported by Elizabeth M. Fraley