Case Document 305-13 Filed 03/16/10 Page 1 of 3 Exhibit Case Document 305-13, Filed 03/16/10 Page 2 Of 3 CHRISTINE SAUNDERS HASKETT, State Bar No. 188053 SAMUEL F. ERNST, State Bar No. 223.963 E. DANIEL ROBINSON, State Bar No. 254458 JESSE R. GOODMAN, State Bar NO, 257990. COVINGTON One Front Street San Francisco, California 94111-5356 Telephone: 415.591.6000 Facsimile: 415.955.6091 Email: drObinSOn@cOv.corn Attorneys for Plainz'zfi_'D0ndz' Van Horn EDMUND G. BROWN JR. Attorney General of California DAVID A. CARRASCO Supervising Deputy Attorney General DIANA ESQUIVEL, State Bar No. 202954 Deputy Attorney _General 1300 I Street, Suite 125 P.O. BOX 944255 Sacramento, CA 94244-2550 Telephone: (916) 445-4928 Facsimile: (916) 324-5205 -mail: Attorneys for Defendants Dezember, Heinrich, Hornbeak, Martin, ilton, DONDI VAN HORN, V. TINA HORNEEAK, et all and Virk UNITED STATES DIS.TRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION Plaintiff, Defendants. No. 1:08-cv-01622 LJO-DLB. STIPULATION RE THIRD CAUSE OF ACTION FOR PROFESSIONAL NEGLIGENCE AND FIFTH CAUSE OF ACTION FOR WRONGFUL DEATH Stipulation Re Third Cause of Action for Professional Negligence and Fifth Cause .of Action for Wrongful Death (1:08-cv-01622 LJO-DLB) 11 12 13 14 A151 Case Document 305-13 Filed 03/16/10 Page 3 of 3 Defendant James Heinrich admits that a practicing obstetrician in California is expected to test his prenatal patients for Group Streptococcus (GB S) bacteria during their 35th to 37th weeks of pregnancy. 1 Heinrich admits that when Plaintiff Dondi Van Horn was between 35 and 37 Weeks pregnant, he was the physician at Valley. State Prisonfor Women (V SPW) responsible for Plaintiffs prenatal care, I I I Heinrich admits that he treated Plaintiff on five occasions when she was between 35 and .37 weeks pregnant, and he did not test Plaintiff for GB S, nor did he order anyone at VSPW to test her for GBS. Heinrich admits that he is informed that Plaintiffs son died of a GBS infection. Heinrich agrees that: (1) he breached his duty of care to Plaintiff; (2) the breach caused her harm; and(3) he will not contest liability at trial on' Plaintiff' claims for professional' negligence and wrongful deathHeinrich reserves the right to contest the amount of damages Plaintiff is claiming for--. professional negligence and WI'0I1gfl1l death. and to present evidence on this matter. I Heinrich's admission of liability for professional negligence and Wrongful death does not affect his right to dispute and present evidence to contest Plaintiff claim for deliberate indifference. EDMUND G. BROWN JR. Attorney General of California DAVID A. CARRASCO Supervising Deputy Attorney' General DATED: February 19, 2010 if 3 Mi DIANA ESQUIVEL Deputy Attorney General Attorneys for Defendants 2 Stipulation Re Third Cause of Action for Professional Negligence and Fifth Cause of Action for Wrongfirl Death (1:08-cv-01622 LJO-DLB) -