Opinion
BENJAMIN B. WAGNER, United States Attorney, VICTORIA L. BOESCH, CHI SOO KIM, Assistant United States Attorneys, Sacramento, CA, Attorneys for the United States.
BRUCE G. FAGEL, LAW OFFICES OF BRUCE G. FAGEL & ASSOCIATES, Attorneys for Plaintiffs.
STIPULATION AND ORDER TO MODIFY THE AMENDED PRETRIAL CONFERENCE ORDER REGARDING TRIAL WITNESSES
JOHN A. MENDEZ, District Judge.
Plaintiffs and the United States respectfully request modification of the Court's Amended Pretrial Conference Order (Dkt. 77) regarding trial witnesses for good cause. The United States has been informed that Plaintiffs and Banner recently settled their claims, that Banner is withdrawing its expert witnesses, and that Plaintiffs are withdrawing some of their experts. During meet and confer discussions, the parties reached certain agreements as reflected below.
A. Neither Plaintiffs Nor the United States Will Offer Neuroradiologist Testimony at Trial
Plaintiffs and the United States stipulate to the following:
1. Neuroradiologists analyzing the May 1, 2012 ultrasound and the May 7, 2012 MRI of I.P.'s brain concluded that those images are consistent with I.P. having experienced hypoxic ischemic injury of the acute profound pattern.
2. A hypoxic ischemic injury of the acute profound pattern results from a near-total cessation of oxygenated blood reaching the fetus for a short amount of time, typically 10 to 20 minutes.
3. These imaging results are consistent with I.P. having experienced a sentinel event such as a cord compression occurring within the last 15 to 20 minutes prior to birth.
As a result of this stipulation, Plaintiffs withdraw their expert witnesses Dr. Patrick Barnes and Dr. Jerome Barakos and the United States withdraws it expert witness Dr. Gordon Sze.
B. Plaintiffs Withdraw Three Other Witnesses
Plaintiffs will present only one neonatologist, Dr. William Rhine, at trial and withdraw neonatologist Dr. Michael Sherman. Plaintiffs also withdraw Maternal Fetal Medicine Dr. Richard H. Paul and Nurse Laura Mahlmeister.
CONCLUSION
The parties respectfully request modification of the Court's Amended Pretrial Conference Order to reflect the parties' Neuroradiology stipulation and the withdrawal of experts Dr. Barnes, Dr. Barakos, Dr. Sze, Dr. Sherman, Dr. Paul, and Nurse Mahlmeister.
IT IS SO ORDERED.