According to the Sacramento Bee, Cannon Hoops, a 4-year-old boy with cerebral palsy, received $1.75 million up front and will receive another $4 million in annuities that are expected to pay for his medical and assistive care as well as future lost earnings over the rest of his life. The $5.75 million settlement was approved on Friday by a judge on his behalf. The money was awarded by the University of California Board of Regents as a result of injuries the boy suffered when he was born in the UC Davis Medical Center. Cannon undergoes speech, physical, aqua and several other forms of therapy.
Cannon’s parents also have been awarded $250,000 to waive any future wrongful death claims in the event their only son does not survive. The total of $6 million is the largest amount the university has ever agreed to pay to settle a medical malpractice case.
The attorney for the university declined to comment but in his court papers, he compiled a list of denials and defenses in his answer to the Hoops family’s complaint. One of them was that the “comparative negligence” of the boy’s parents contributed to his injuries and that they gave their “informed consent” to the hospital’s practices at the time their son was born.
Sacramento attorney Leo H. Schuering Jr., who represented the university, declined to comment. In his court papers, Schuering compiled a list of denials and defenses in his answer to the Hoops family’s complaint. One of them was that the “comparative negligence” of the boy’s parents contributed to his injuries and that they gave their “informed consent” to the hospital’s practices at the time their son was born.
The family’s attorney stated that Cannon suffered “severe and permanent” neurological injuries as a result of a lack of oxygen to his brain during his December 1, 2004 birth at the medical center. He said that Cannon’s fetal monitor strip “showed distress in the baby” just before he was born but that the attending medical personnel “all ignored or didn’t recognize or realize it, no one spoke up or said anything, and they all blindly proceeded to go through with a normal vaginal delivery.”
He went on to say that “the baby came out blue, not breathing, and it then took a while for the physicians to recognize there was a problem.” He alleges that if the doctors had delivered the baby by Caesarean section, it “would have prevented the whole problem.”
The original complaint in the case named three doctors as defendants. Richard Clement Graves’ license has not been renewed and “no practice is permitted” on his part. Cheryl Ann Walker was placed on five years probation by the medical board for failing to note on her license application that she has twice been convicted of misdemeanor petty theft, in 1983 and 1998, records showed. Bhoomi Manoj Brahmbhatt has had no actions taken against him. He left UC Davis in 2007 and is practicing in San Diego.
All three were later dropped from the legal action.