Defendant's Attorney: Rob Bonta, Attorney General, Cheryl L. Feiner, Assistant
Attorney General, Richard T. Waldow, Gregory D. Brown and
Cristina M. Matsushima, Deputy Attorneys General, for
Claimant and Respondent.

Description: Los Angeles, California personal injury lawyer represented Plaintiff, who sued Defendant on a wrongful life theory.

Daniel was born on May 12, 2012, with profound mental
and physical disabilities. He has severe cognitive and
developmental impairments, is completely blind, and suffers
significant hearing loss. At the age of five years, he was unable
to stand independently because of skeletal abnormalities and is
not expected ever to walk independently. He receives all of his
nutrition through a gastrostomy tube because of difficulty
swallowing. He is completely dependent on others for his daily
care, including feeding, dressing, toileting, hygiene, and mobility,
and he is unlikely to experience any meaningful improvement.

Through his mother and guardian ad litem, Rebecca
Gutierrez, Daniel filed a wrongful life suit against his mother’s
prenatal health care provider, Dr. Shaw, alleging she negligently
failed to diagnose serious abnormalities in his spine and bones
that were evident on his ultrasound.1 Daniel settled his action
against Dr. Shaw in April 2018 for $1,250,000, subject to court
approval.

Outcome: On April 16, 2019, the trial court approved the settlement
with Dr. Shaw and created a special needs trust for Daniel’s
benefit. It further ordered that $358,117 be held in Daniel’s
counsel’s client trust account pending a determination of DHCS’s
lien.
On

Plaintiff's Experts:

Defendant's Experts:

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