Facts

On April 28, 2005, plaintiff E.H., born in 2004, was transported to the San Marcos Health Center of North County Health Services to be examined and treated as a result of a cough lasting three days and problems with swallowing.

On May 13, 2005, he was examined once again but his condition was the same. When his health did not improve, he was transported to Palomar Medical center on June 21, 2005, where an x-ray showed a foreign body in his trachea. The foreign body was a penny. He was taken to the Children's Hospital located in San Diego, where he received surgery for the lodged penny. North County Health Services received funding and was operated by defendant United States of America.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendant was medically negligent because it improperly diagnosed the penny lodged in the trachea. The plaintiff stated that due to the negligence, he underwent lung injury and received recurring infections.

Damages

The plaintiff claimed that he was owed $250,000 in general damages.

Result

A settlement agreement was entered into whereby $85,000 was given: $2,360 in costs, $21,250 in attorney fees and $16,057 in reimbursement of Medi-Cal lien. The rest of the money totaled $45,333 and was ordered to be utilized in the buying of plaintiff's annuity fund.

Other Information

FILING DATE: Dec. 12, 2006.