April 18, 1984
By Scott Reeves
Sacramento Union Staff Writer

A Sacramento attorney must pay $2.3 million because he negligently settled a medical malpractice case, a Superior Court jury said Tuesday.

Rodney A. Klein won a $1.75 million verdict for quadriplegic Traci McGill in 1977, but settled the case for $880,000 when the case was appealed because he had failed to give and instruction to the jury.

Edward Freidberg, who represented McGill in ber suit against Klein, said the awared is the largest against an attorney in Sacramento history.

The verdict includes $1 million in general damages, $870,000 in punitive damages and $469,392 in interest, Freidberg said.

The trial lasted six weeks. The jury returned the unanimous verdict after 1¾ days' deliberation.

Klein said be will appeal.

"It's a verdict that went awry," Klein said. "It doesn't exist in the law — and never has."

Klein said his decision to settle the case was approved by the trial judge and the 3rd District Court of Appeal.

"As an officer of the court, I have and obligation to look out for the minor child. My obligation was fulfilled when I went to the court and asked for approval. I feel very comfortable with that. I don't feel the Court of Appeal will sustain the Superior Court verdict," Klein said.

Klein said he has received "100 percent support" from other attorneys.

"If this is the standard, then the whole legal community is in trouble," Klein said.

In 1977, a Superior Court jury awarded $1.75 million to the girl and $6,000 to her parents, Michael and Carolyn McGill, to cover past medical expenses.

The child suffered loss of oxygen during her mother's 14-hour labor and sustained permanent brain damage. At the trial, Klein said doctors at Kaiser Hospital should have performed a Caesarean section.

The jury decided the malpractice case against Klein said he overcharged $14,000 in fees and $7,000 in costs.