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Federal Judge Awards $9.6 Million In Susanville Malpractice Case

On Wednesday, Oct. 28, United States District Judge John A. Mendez ordered a $9.6 million verdict in favor of a 3-year-old girl and her family for injuries the girl suffered during her birth at Banner Lassen Medical Center in Susanville in April 2012.

According to a “findings of fact and conclusions of law” signed by the judge, former Susanville physician Dr. Paul Davainis was negligent because he waited too long to perform a C-section during the delivery. According to the judge, his negligence caused “brain damage that rendered her (the girl) severely and permanently disabled.”

October 27, 2015 - Lassen County Times | Read More

Medical Malpractice Is All We Do

Federal Judge Awards $9.6 Million (Continued)

On Wednesday, Oct. 28, United States District Judge John A. Mendez ordered a $9.6 million verdict in favor of a 3-year-old girl and her family for injuries the girl suffered during her birth at Banner Lassen Medical Center in Susanville in April 2012.

According to a “findings of fact and conclusions of law” signed by the judge, former Susanville physician Dr. Paul Davainis was negligent because he waited too long to perform a C-section during the delivery. According to the judge, his negligence caused “brain damage that rendered her (the girl) severely and permanently disabled.”

According to the court documents, the girl will never be able to speak, walk, eat, swallow, work or “conduct the activities of daily living or otherwise care for herself … ” and her need for care “will continue for her entire life.”

Nearly $8 million of the settlement is expected to pay for her care 24-hours per day in a licensed medical facility.

In April 2012, Davainis worked for Northeastern Rural Medical Clinic, a federally qualified health center, and thus is considered an employee of the United States.

According to the court documents, in July 2015 the court confirmed a confidential $500,000 settlement between Banner Lassen Medical Center, the girl and her father.

See the story on Lassen County Times.

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