Facts

Mark S., a minor, was born in September 2005 and placed with Melvin S. by the Alameda County Juvenile Court's dependency jurisdiction because the minor's mother was homeless and a cocaine abuser. Melvin claimed to be the minor's father. The mother and Melvin claimed Melvin to be the minor's father. Later, the mother claimed she did not know who the father was and had lied to Alameda County Department of Social Services. Melvin had been convicted of multiple drug related felonies and spent several terms in state prison.

On Dec. 21, when the minor was three months old, Melvin threw the minor down on a bed, causing his head to snap back. The minor experienced respiratory distress, went limp, and became non-responsive. Melvin was ultimately convicted of felony child endangerment and served time in prison.

The minor was later adopted by parents trained and able to provide for his special needs.

The minor sued the County for negligence.

PLAINTIFF'S CONTENTIONS:
The minor contended that the County social worker breached the mandatory duty to visit the minor once every month. The minor claimed the social worker assigned to the case lied about her mandatory home visits because they were written in December, when her visits allegedly occurred in October and November. The minor claimed she visited only once, on Dec. 9, and never required Melvin to take a drug test. Also, the minor claimed the social workers erroneously declared Melvin to be the presumed father without adequately investigating his paternity, in light of the fact that Melvin and the mother were never married and did not live together. The minor argued he also should not have been placed with Melvin considering Melvin was convicted of domestic violence with corporal injury against the minor's biological mother. The minor also claimed, and his siblings testified, that Melvin threw the minor on the bed several times, hung the minor on a coat rack, and inflicted other trauma on him in October and November.

DEFENDANT'S CONTENTIONS:
The County claimed the mandatory duties to visit the minor each month had been complied with and that the minor showed no signs of injury during those visits. Moreover, the mother admitted that the minor had various well baby checkups in October and November and was not diagnosed with any injury. The Court granted Summary Judgment in favor of Defendant as to all issues involving the Child's paternity and placement of minor with Melvin. The only remaining issues involved visitation with the child. The County contended that Melvin was the sole legal cause of harm to the minor.

Damages

According to plaintiff's counsel: The minor claimed future medical and attendant care needs of $5,864,031 and future income loss of $1,297,117. The County claimed that the future medical costs would only be $3.2 million and loss of earning were $1,109,181. The County also claimed offsets for financial assistance through various public resources. According to defense counsel: The minor claimed future medical and attendant care needs in excess of $8,000,000, plus loss of earnings of $1,297,117, plus pain and suffering in excess of $5 million. Total claimed damages exceeded $14 million dollars.

Injuries

The minor claimed that a CT scan revealed old bilateral subdural hematomas and fresh blood leaking into them. He was diagnosed with shaken baby syndrome. The minor sustained severe, permanent brain injury with cognitive impairment and developmental delay, cortical vision impairment, legal blindness, and weak extremities.

Result

On the first day of trial, the parties settled for $2 million.