Van Winkle • Baten Dispute Resolution

Seventeen-year-old female suffered eclamptic seizures which allegedly went untreated and uncontrolled by emergency room doctors and staff. The woman became unresponsive, comatose and she aspirated because she was not intubated. At the same time, her son allegedly went from normal fetal heart tracings to being severely bradycardic and was delivered with profound and severe brain damage. Issues were presented as to whether settling healthcare provider treated the son, whether that issue was foreclosed by the underlying settlement, whether one or two “caps” would apply and whether the mother’s claim for emotional distress was viable