Facts

On June 28, 2005, plaintiff Christina Anderson, 3, was enrolled into Rainbow Christian Preschool at Village Covenant Church in Azusa. Anderson suffered from a rare genetic condition called vanishing white matter disease, which induced seizures. Plaintiffs were unaware that their child suffered from this congenital and genetic condition at the time of enrollment. Anderson hand been previously diagnosed with cerebral palsy with seizure disorder and quadriparesis. On July 5, 2005, while at the preschool, Anderson suffered a seizure that allegedly began at approximately 3:30 p.m., and became out-of-control by the time her father arrived at approximately 5:15 p.m. There was a dispute as to the signs and symptoms of the seizure between the parties and employees. An ambulance arrived on the scene, and Anderson's seizure continued for roughly six hours. As a result, Plaintiff claimed exacerbated brain damage and spastic quadriparesis.

Anderson, a minor by and through her Guardian ad Litem, Alma Anderson, sued Village Covenant Church, Rainbow Christian Preschool, and Ann Grave, a former director at the school. Plaintiff brought causes of action for negligence, alleging Defendants breached the duty of care, as well as negligence per se, alleging a number of violated state regulations. Grave was dismissed from the case early in the proceedings.

It was testified that Plaintiff's teacher noticed the signs and asked the school assistant director, Linda Soltani, what to do, who told the teacher that nothing should be done since "she is always like that." There was a dispute between the parties as to weather the assistant director was on site at the time of the seizure and whether this ever occurred. Anderson's father was the first person to ask someone to call 911 when he arrived to pick up his daughter at 5:15 p.m., up to an hour and 45 minutes after the seizure allegedly started.

Defendants filed a cross-complaint against Scott and Alma Anderson, as Plaintiff's parents, claiming that the school was not adequately informed about Plaintiff's condition, which contributed to her injuries. Defendants further claimed that the event was of no permanent consequence, since Plaintiff suffered from a brain disorder that would have ultimately caused her long-term conditions.

PLAINTIFF'S CONTENTIONS:
Plaintiff's counsel contended that preschool staff ignored Anderson's seizure when it began at approximately 3:30 to 4:30 p.m., allowing it to go out-of-control. Counsel claimed that staff members ignored physical signs exhibited by Anderson, including bubbling at the mouth, heavy drooling (that soaked her shirt), starting at a distance, and stiff, outstretched limbs.

DEFENDANT'S CONTENTIONS:
The Defense argued that Plaintiff's parents failed to provide adequate information about Plaintiff's condition and seizure symptoms prior to enrollment. There was disagreement between the parties as to the extent of seizure symptoms that were apparent on July 5, 2005.

Damages

Plaintiff sought between $2.6 million and $7.6 million in life care plan costs.

Injuries

Brain damage; spastic quadriparesis. Plaintiff's counsel claimed that as a result of the out-of-control seizure Anderson suffered on July 5, 2005, she sustained permanent brain damage and spastic quadriparesis. Plaintiff now requires 24-hour care, and cannot talk, walk, feed herself, or perform other normal functions. Plaintiff presented a life care plan ranging from $2.6 million to $7.6 million, which depended on her life expectancy and amount of care contribution by her family. Plaintiff also sought an unspecified amount in general damages. Defendants contended Anderson would have required a long-term life care plan no matter what, due to her vanishing white matter disease and seizure disorder. They claimed that her damages were not caused by the seizure on July 5, 2005, but rather an amalgamation of the several dozen other seizures Plaintiff suffered both before and after July 5, 2005.

Result

The parties negotiated a settlement of $980,000.