Confidential
Settlement – $1,000,000Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Joel Krissman
(Krissman & Silver LLP)
Defendant
Jeffrey G. Keane
(Kramer, deBoer & Keane)
Facts
In 1995, the plaintiff, James Hamilton Jr. a 3-month-old infant was hospitalized for four days by defendant
pediatrician to rule out possible septic condition. During this hospitalization, the infantÆs paternal grandmother
advised the defendant pediatrician that the childÆs mother was still abusing drugs, was neglecting the baby and
also was worried about a small, unexplained bruise on the infantÆs arm. She asked the defendant not to release
the infant back to the motherÆs care. The nurses noted the motherÆs behavior in the hospital to be "boisterous,
jittery and inappropriate." The defendant pediatrician referred the matter to the hospitalÆs Social Services
Department and eventually discharged baby James home to the mother after ruling out sepsis and noting the
infant was medically okay.
Six days later, the grandmother visited baby James at the motherÆs home. The infant was crying without adult
supervision and was noted to have a swollen head. Baby James was rushed to the hospital and there found to
have bilateral skull fractures with bilateral subdural hematomas.
Injuries
Bilateral skull fractures and subdural hematomas, tapped and drained by peritoneal shunt. Permanent and severe vision disability from the brain trauma. The defendant disputed the nature and extent of the residuals, alleging only mild developmental and cognitive delay. The child was five years old at trial and his gross motor skills were close to normal.
Other Information
The case was settled while jury was deliberating.
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