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MING-HO LEUNG v. VERDUGO HILLS HOSPITAL

No. S192768.

55 Cal.4th 291 (2012)

145 Cal. Rptr. 3d 553

282 P.3d 1250

AIDAN MING-HO LEUNG, a Minor, etc., Plaintiff and Appellant, v. VERDUGO HILLS HOSPITAL, Defendant and Appellant.

Supreme Court of California.

August 23, 2012.

Attorney(s) appearing for the Case

The Phan Law Group, LKP Global Law, Luan K. Phan ; Esner, Chang & Ellis, Esner, Chang & Boyer, Andrew N. Chang and Stuart B. Esner for Plaintiff and Appellant.

Thomas and Thomas, Michael Thomas , Maureen F. Thomas ; Greines, Martin, Stein & Richland, Feris M. Greenberger , Jennifer C. Yang and Robert A. Olson for Defendant and Appellant.

Gibson, Dunn & Crutcher, Robert L. Weigel , Marshall R. King , Theodore J. Boutrous, Jr. , Julian W. Poon , Blaine H. Evanson , Kimberly A. Nortman ; National Chamber Litigation Center, Inc., Robin S. Conrad , Kate Comerford Todd ; Erika Frank ; and Fred J. Hiestand for Chamber of Commerce of the United States of America, California Chamber of Commerce, the Civil Justice Association of California and Artemis, S.A., as Amici Curiae on behalf of Defendant and Appellant.

Cole Pedroza , Curtis A. Cole and Cassidy E. Cole for California Medical Association, California Hospital Association and California Dental Association as Amici Curiae on behalf of Defendant and Appellant.

OPINION

KENNARD, J. —

Six days after his birth, plaintiff suffered irreversible brain damage. Through his mother as guardian ad litem, he sued his pediatrician and the hospital in which he was born. Before trial, plaintiff and the pediatrician agreed to a settlement of $1 million, the limit of the pediatrician's malpractice insurance policy. At a jury trial, plaintiff was awarded both economic and noneconomic damages. The jury found that...

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