Lifetime Costs to Be Paid Child for Brain Injury

The father of a child suffering from spastic cerebral palsy and brain damage has agreed to a partial settlement of a medical malpractice lawsuit for a total of $400,000 and guaranteed lifetime payments that will reach $3,000 a month.

The agreement, made public this week in Orange County Superior Court, provides lifetime living expenses and therapy for 6-year-old Michael Stachurski.

Michael was delivered by nurses at Martin Luther Hospital in Anaheim on July 14, 1979, two minutes before the physician on call could respond, according to court papers. The baby stopped breathing and was resuscitated by another physician responding to the emergency.

Michael’s father, James M. Stachurski, filed a lawsuit alleging negligence against the hospital; the regular obstetrician, Dr. John Bell; the on-call physician, Joseph Gerace, and Dr. Walter Appleman, who revived the newborn.

Each of the defendants has denied any responsibility for the child’s injuries. Settlements have been reached with all the defendants except Gerace.

“My client vehemently denied any responsibility for anything except saving the child’s life,” said Raymond R. Moore, attorney for Appleman. Papers in the court file show a dispute over when the harm occurred, including statements by four experts that Michael’s injuries were sustained before birth.

Moore said he agreed to a $100,000 contribution on behalf of Appleman to avoid the unpredictability of a jury verdict. The largest portion of the settlement was provided earlier this year by the hospital.