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Plaintiff alleges negligence against pediatrician leading to prolonged treatment

NORTHERN CALIFORNIA RECORD

Sunday, November 24, 2024

Plaintiff alleges negligence against pediatrician leading to prolonged treatment

State Court
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In a compelling legal case filed in the Superior Court of California, a mother has taken action against a group of medical professionals and institutions for alleged negligence that she claims resulted in significant harm to her child. On October 25, 2024, Georgia Herry, represented by her guardian ad litem Genevieve Herry, lodged a complaint against Dr. Leigh Mueller and associated medical entities including Palo Alto Foundation Medical Group, Inc., Sutter Health, and Palo Alto Medical Foundation Hospital Corporation.

The lawsuit arises from events surrounding the birth and subsequent medical care of Georgia Herry's daughter, who was born on October 26, 2022. According to the complaint, the child was at risk for hip dysplasia due to being breech during pregnancy and other factors. Despite these risks, Dr. Mueller allegedly failed to perform an essential hip ultrasound within the critical four-to-six-week period post-birth—a standard procedure given the child's risk factors. It wasn't until May 10, 2023—over six months after birth—that an abnormality was detected during a routine check-up with Dr. Mueller. The delay in diagnosis led to prolonged treatment involving extensive bracing for the child.

The plaintiff argues that this oversight constitutes professional negligence on the part of Dr. Mueller and implicates his employers: Sutter Health and its affiliates. The complaint asserts that had proper care been administered initially, the child would have likely avoided long-term complications such as early-onset arthritis or potential surgical interventions.

Georgia Herry is seeking damages exceeding $35,000 for physical pain, mental anguish, past and future medical expenses, and diminished quality of life resulting from what she describes as negligent acts by the defendants. The suit also demands prejudgment interest and coverage of legal costs incurred during this process.

Representing Georgia Herry is Carter M. Zinn from The Zinn Law Firm based in Mill Valley, California. The case is under review by Judge L. Ayala with Case ID 24C0V450322.

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