Jury Awards $590,000 in Negligence Case Litigated by McCune Wright Arevalo, LLP

Judge banging gavel in court

A California Jury recently awarded $590,000 in a suit litigated by McCune Wright Arevalo, LLP, which accused a doctor and a hospital of causing an unborn baby’s death after an order for an emergency C-section was delayed. The jury ultimately cleared the physician of medical malpractice but found the hospital guilty of negligence.

At McCune Wright Arevalo, LLP, our Inland Empire complex litigation firm is committed to getting you the best settlement possible. Whether dealing with medical cases or class actions, every lawsuit we take is important to us. We refuse to let large organizations take advantage of the everyday citizen, and our skilled attorneys are here to be the legal advocates you need.

San Antonio Regional Hospital

A San Bernardino Superior Court jury found that two nurses at San Antonio Regional Hospital in Upland, California were negligent in their duties to patient Denise Cundari following a three-week trial on November 1st. In a suit against the hospital, Dr. Mark Alwan, and others, Cundari alleged that her baby died after hospital staff failed to monitor the fetal heart rate of her unborn child and schedule an emergency C-section. The suit also claimed that Cundari suffered a postnatal infection as a result of the hospital’s negligence.

While the jury found that Alwan was not at fault, they awarded sums totaling almost $65,000 for medical expenses and $575,000 for lost income and noneconomic damages, including pain and suffering due to the negligence of the nurses. Kristy M. Arevalo said in a statement that, “We are very pleased that we were able to get justice for our client, Denise Cundari, and that San Antonio Regional Hospital will now be forced to take responsibility for Ms. Cundari’s injuries and the death of her baby, Abigayle Joycelyn.”

Arevalo also noted that if the baby hadn’t died seconds before being born, she may have been able to recover other compensation as well. “If Abigayle had taken just one breath outside of the womb, Ms. Cundari would have been entitled to wrongful death damages,” she stated. “However, under the law we determined that she was entitled to emotional distress damages for the death of her baby even though she was not entitled to wrongful death damages.”

Trial Lawyers Making a Difference in the Inland Empire

At McCune Wright Arevalo, LLP, we believe that no person should have to suffer due to the negligence of the hospital entrusted to take care of them. Our Inland Empire complex litigation firm has fought for the people of this community for 30 years, and recovered over $1 billion in settlements. With free consultations and a personalized approach to seeking civil justice, our number-one priority will always be our clients.

Call (909) 345-8110 to speak with an attorney today, or feel free to contact us online at your convenience.

Take The Next Step

Schedule Your Free Consultation Today