Jaime Libenstein, a minor v. Children's Hospital Los Angeles
Published: Jun. 17, 2003 | Result Date: Apr. 30, 2003 | Filing Date: Jan. 1, 1900 |Case number: BC228270 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
James J. Kjar
(Kjar, McKenna & Stockalper LLP)
Experts
Plaintiff
Daniel Massey
(medical)
Jack Rabin
(medical)
Defendant
Paul Schultz
(medical)
Facts
The plaintiff, a minor, was diagnosed with epilepsy-related absence seizures in January 1997. She was treated by a pediatric neurologist in-office, but her condition continued to worsen. In March 1997, she was admitted to Good Samaritan Medical Center, but because of treatment disagreements between the hospital and the plaintiff's father, the plaintiff was transferred to Children's Hospital, Los Angeles (CHLA) on April 14, 1997. She was to start a ketogenic diet. During this hospitalization, the plaintiff sustained two separate falls on April 15 and April 17, 1997. CT scans and EEGs were performed after each fall which showed no evidence of acute trauma to the plaintiff's brain. There was a small, non-displaced linear fracture of the plaintiff's skull, directly attributable to the second fall, but not requiring any specific treatment other than wearing a helmet.
Specials in Evidence
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Damages
The plaintiff claimed pain and suffering, negligent supervision, failure to provide appropriate safeguards, breach of the standard of care and negligence.
Injuries
The plaintiff developed severe tonic clonic seizures which were non-responsive to extensive subsequent treatment, including surgery.
Deliberation
one day
Poll
10-2
Length
seven days
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