County Likely to Settle in Birth-Injury Case

A child who suffered neurological injuries during his birth at Olive View-UCLA Medical Center should be paid $200,000 in damages and offered lifetime medical care, a Los Angeles County commission recommended Monday.

William Portillo, who is now 4, suffers from damage to the nerves in his right arm and shoulder and may have developed Attention Deficit, Hyperactivity Disorder because of oxygen loss during his difficult birth, according to a county report.

The County Claims Board recommended Monday that the county settle the suit, and the Board of Supervisors is likely to vote on it in the next few weeks.

His mother, Bessy Ortiz, was sent home to await labor when she arrived at Olive View on Sept. 16, 1993, even though she was 41 weeks into her pregnancy, according to the report by the Los Angeles County Claims Board.

She returned a week later, still not in labor, and doctors at Olive View attempted to induce contractions, the board said. But staff at Olive View failed to recognize that the fetus had not begun to descend into the birth canal, and failed to determine the location of his head, the report said. In addition, the report said, the child’s weight, which was more than 25% greater than doctors thought, was not properly assessed.

Because doctors elected to proceed with labor instead of opting for a caesarean section, the baby became stuck in the birth canal, where for four minutes even forceps and a vacuum pump did not extract him, the report said.

When the fetus’ right shoulder became wedged beneath his mother’s pelvis, the Olive View staff engaged in an incorrect procedure to free it, according to the report, and damaged the nerves in the area.

When the William was discharged from the hospital three days later, he was diagnosed with Erb’s palsy, or partial paralysis due to nerve damage in the shoulder. He was also considered severely depressed, which indicates a loss of oxygen during birth, the report said.

“The county is acknowledging that there was a bad result with this birth,” said Nancy Singer, administrative deputy auditor-controller for the county. “the main parts of this case were the fact that we did not send her to inducement when she was at 41 weeks, and the shoulder” damage.