Palacio, et al v. United States of America

Filing 98

STIPULATION and ORDER to modify the amended Pretrial Conference Order regarding trial witnesses signed by Judge John A. Mendez on 4/16/15. (Mena-Sanchez, L)

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BENJAMIN B. WAGNER 1 United States Attorney VICTORIA L. BOESCH 2 CHI SOO KIM Assistant United States Attorneys 3 501 I Street, Suite 10-100 Sacramento, CA 95814 4 Telephone: (916) 554-2700 Facsimile: (916) 554-2900 5 Attorneys for the United States 6 IN THE UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 I.P., A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, FACUNDO PALACIO DIAZ; MICAELA PALACIO, CASE NO. 2:13-CV-01012 JAM-CKD STIPULATION AND ORDER TO MODIFY THE AMENDED PRETRIAL CONFERENCE ORDER REGARDING TRIAL WITNESSES 11 Plaintiffs, 12 v. 13 Judge: Hon. John A. Mendez Crtrm: 6, 14th floor UNITED STATES OF AMERICA, 14 Defendant. 15 16 17 TRIAL DATE: MAY 26, 2015 I.P., A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, FACUNDO PALACIO DIAZ; MICAELA PALACIO, 18 Plaintiffs, 19 vs. 20 BANNER HEALTH, AN ARIZONA CORPORATION, doing business as BANNER LASSEN MEDICAL CENTER; DOES 100200, Defendants. 21 22 23 24 Plaintiffs and the United States respectfully request modification of the Court’s Amended 25 Pretrial Conference Order (Dkt. 77) regarding trial witnesses for good cause. The United States has 26 been informed that Plaintiffs and Banner recently settled their claims, that Banner is withdrawing its 27 28 STIPULATION AND [PROPOSED] ORDER TO MODIFY THE AMENDED PRETRIAL CONFERENCE ORDER REGARDING TRIAL WITNESSES 1 1 expert witnesses, and that Plaintiffs are withdrawing some of their experts. During meet and confer 2 discussions, the parties reached certain agreements as reflected below. 3 A. Neither Plaintiffs Nor the United States Will Offer Neuroradiologist Testimony at Trial 4 Plaintiffs and the United States stipulate to the following: 5 1. 6 Neuroradiologists analyzing the May 1, 2012 ultrasound and the May 7, 2012 MRI of I.P.’s brain concluded that those images are consistent with I.P. having experienced 7 hypoxic ischemic injury of the acute profound pattern. 8 2. 9 A hypoxic ischemic injury of the acute profound pattern results from a near-total 10 cessation of oxygenated blood reaching the fetus for a short amount of time, typically 11 10 to 20 minutes. 12 3. 13 These imaging results are consistent with I.P. having experienced a sentinel event such as a cord compression occurring within the last 15 to 20 minutes prior to birth. 14 15 16 As a result of this stipulation, Plaintiffs withdraw their expert witnesses Dr. Patrick Barnes and Dr. Jerome Barakos and the United States withdraws it expert witness Dr. Gordon Sze. 17 B. 18 19 20 Plaintiffs Withdraw Three Other Witnesses Plaintiffs will present only one neonatologist, Dr. William Rhine, at trial and withdraw neonatologist Dr. Michael Sherman. Plaintiffs also withdraw Maternal Fetal Medicine Dr. Richard H. Paul and Nurse Laura Mahlmeister. 21 CONCLUSION 22 23 24 The parties respectfully request modification of the Court’s Amended Pretrial Conference Order to reflect the parties’ Neuroradiology stipulation and the withdrawal of experts Dr. Barnes, Dr. Barakos, Dr. Sze, Dr. Sherman, Dr. Paul, and Nurse Mahlmeister. 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO MODIFY THE AMENDED PRETRIAL CONFERENCE ORDER REGARDING TRIAL WITNESSES 2 Respectfully submitted, 1 2 3 BENJAMIN B. WAGNER United States Attorney Dated: April 15, 2015 /s/ Victoria L. Boesch VICTORIA L. BOESCH Assistant United States Attorney 4 5 Attorneys for Defendant United States 6 7 8 Dated: April 15, 2015 /s/ Bruce G. Fagel (authorized 4/15/15) BRUCE G. FAGEL LAW OFFICES OF BRUCE G. FAGEL & ASSOCIATES 9 10 Attorneys for Plaintiffs 11 12 13 IT IS SO ORDERED. 14 15 DATED: 4/16/2015 /s/ John A. Mendez_______________________ 16 JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO MODIFY THE AMENDED PRETRIAL CONFERENCE ORDER REGARDING TRIAL WITNESSES 3

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