Van Winkle • Baten Dispute Resolution

Thirty-two-year-old female died following the cesarean delivery of her son. Her death was allegedly due to the failure of the anesthesiologists to intubate and to recognize hypoxia. The son was born with low APGARS and developed seizures and developmental delays. A settlement was made with some of the medical care providers and plaintiff husband and father petitioned the Patient’s Compensation Fund. Issues were presented as to whether the underlying settlement which established “liability” also established a binding finding of a patient-physician relationship between the son and one of the care providers or whether that issue could be litigated by the PFC. Issues were also presented as to whether one or two “caps” were applicable to the matter.