Kavanaugh v. Nussbaum

Irene Gonzales's high-risk pregnancy went undetected for months by Dr. Nussbaum (defendant) before she engaged obstetrician Dr. Caypinar (defendant). Two weeks later, at 31 weeks pregnant, Gonzales began bleeding and went to a hospital where Caypinar had privileges, but he was away at a meeting and had arranged for Dr. Swenson to cover; she was instead examined by Dr. Suteethorn (defendant), who reported her condition by phone to Swenson, who directed that she be sent home. She later returned by ambulance bleeding heavily, was treated by Caypinar (now back), and delivered her son Justin by C-section prematurely; Justin suffered permanent injuries causing mental disability and epilepsy. A jury found Suteethorn and Caypinar liable for over $4,300,000, attributing 25% of Caypinar's liability to imputing Swenson's negligence to him. The trial court reduced parts of the award; the court of appeals reinstated some. The defendants appealed.