Physician to Be Tried in 6 Deaths of Infants

A Los Angeles Municipal Court judge Thursday ordered a Valencia obstetrician and his midwife assistant to stand trial on second-degree murder charges involving the deaths of newborn babies in the doctor’s care.

After a four-month preliminary hearing, Judge James F. Nelson upheld six of the nine murder charges filed against Dr. Milos Klvana, 47. Klvana’s assistant, Delores Doyle, 35, of Montclair, was ordered to stand trial on two of the three counts of murder filed against her.

Prosecutors have accused Klvana and Doyle of failing to take appropriate steps when they were confronted with serious complications during home births or at the doctor’s birthing clinic.

In the 1984 death that sparked the investigation, the mother was diagnosed with diabetes, which can complicate pregnancy. According to a sheriff’s investigator, the parents said they did not object to hospitalization, but Klvana did not recommend it despite the baby’s breathing problems shortly after birth. The infant died the next day at home.

Drug Injected

Another case required the injection of a drug to speed the mother’s labor, a practice that Klvana performed without hospitalization and without fetal monitoring, Los Angeles County Deputy Dist. Atty. Brian R. Kelberg said.

The parents of that child, Julie James and Rudolfo Herrera, won more than $1 million in a civil suit against Klvana but have been unable to collect because of his bankruptcy and lack of insurance.

Nelson said he based his ruling on “a strong suspicion” that Klvana and Doyle had acted with “gross negligence” in the deaths.

“There were substantial and consistent departures from the standard of care applicable to out-of-hospital births,” Nelson said.

‘Implied Malice’ Theory

Kelberg said the ruling affirmed his assertion that Klvana and Doyle can be prosecuted for second-degree murder based on a legal theory of “implied malice.”

Kelberg’s application of the theory, which has been used against drunk drivers involved in fatal accidents, postulates that Klvana and Doyle had a “subjective awareness” of the dangers to the babies but proceeded anyway.

About 20 Klvana supporters and advocates of home birth were present in the courtroom. Abraham Entin, 42, of Granada Hills, who said Klvana delivered his son at home, said Klvana and Doyle are being prosecuted because the medical and legal establishments are biased against home birthing.

Nelson, in delivering his ruling, said: “This case is not about the propriety or benefit of home or out-of-hospital births.”

H. Elizabeth Harris, Klvana’s attorney, said Nelson’s ruling merely ordered her client to stand trial and was not a finding of guilt.

Besides the murder charges, Klvana and Doyle were ordered to stand trial on one count of involuntary manslaughter each and a number of other felony charges, including insurance fraud and perjury. Nelson dismissed two of the murder charges against Klvana and set both defendants’ arraignment for Nov. 6 in Superior Court.

Nelson also reduced bail for Klvana and Doyle from $750,000 to $200,000, over Kelberg’s objections. The judge noted that Klvana is in failing health, that his practice has evaporated and that he and Doyle have been in custody for nearly a year.

“This is not your everyday kind of homicide,” Nelson said in reducing the bail. He added, “If ever someone has been effectively ruined, that’s already happened.”

Kelberg referred to Klvana as “a sociopath” and said the doctor and Doyle would be likely to flee if convicted of the murder charges, each of which carries a sentence of 15 years to life.

Klvana’s wife, Svata, said her husband has been suffering from high blood pressure, severe weight loss and depression. His lawyer, Harris, said the doctor has refused to eat solid food for six weeks as a protest against the $750,000 bail.