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Newhall Obstetrician Told to Pay $1 Million to Parents of Baby Who Died at Birth

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Times Staff Writer

A Newhall obstetrician was ordered Wednesday to pay more than $1 million in damages to the parents of a baby who died during birth at his Valencia clinic.

San Fernando Superior Court Judge Bruce J. Sottile imposed the damages against Dr. Milos Klvana in a civil suit that alleged that the baby girl died in 1983 after Klvana gave the mother a dangerous, labor-inducing drug.

The parents accused Klvana of inducing labor so that he could leave the Valencia facility and attend to patients at a Temple City clinic. They also alleged that the physician told the mother to bury the baby in her Canyon Country backyard to save money and avoid a coroner’s investigation.

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Sottile, who heard the case without a jury, ordered Klvana to pay $100,000 in compensatory damages and $700,000 in punitive damages to the mother, Julie James, and to pay $30,000 in compensatory damages and $200,000 in punitive damages to her former boyfriend, Rodolfo Herrera of Canyon Country, the baby’s father.

“It’s been a long two years and it’s good to have it over,” said James, who now lives in Washington state. But, she added: “I don’t think I can ever be made whole.”

During closing arguments, the parents’ attorney, Robert L. Burge, said that Klvana’s negligence put James through “living hell” during the delivery on Oct. 12, 1983.

“Julie is lying there bleeding for 20 minutes because Dr. Klvana is off trying to resuscitate the baby by mouth to mouth,” Burge said.

Burge said Klvana had administered the labor-inducing drug Pitocin, although he lacked the proper medical devices to monitor the fetus after the injection.

Klvana, who served as his own attorney during the trial, said he supervised the administration of Pitocin to James only once, two days before the delivery, for a “fetal stress test.” The obstetrician said he told James he did not have a fetal monitoring device, but that she nevertheless chose to give birth at his clinic.

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Klvana told the court that the baby, Amanda, was stillborn. But three people testified that, as late as two minutes before delivery, Klvana said he could hear a fetal heartbeat, Burge said.

Klvana said he recommended a backyard burial because James had told him she was worried about money and because another family he treated elected to have a simple burial.

The Newhall physician still faces a civil suit charging wrongful death brought by a Newhall couple who allege that their premature baby died because he was sent home despite respiratory problems exhibited at Klvana’s clinic.

The district attorney’s office also is investigating Klvana’s conduct in the two cases, a spokesman said.

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