Facts

Minor plaintiff filed suit against Sutter Sacramento Sierra Region, Valley Emergency Physicians Medical Group, Inc., a doctor, a nurse practitioner and four members of the infant's biological family in relation to abuses he suffered that ultimately left him paralyzed.

PLAINTIFF'S CONTENTIONS: Minor plaintiff claimed his biological family abused him and/or failed to protect him from abuse. Plaintiff was a 7-week-old infant when he was brought to the emergency department of Sutter Amador Hospital by his teenaged parents and maternal grandmother with a reported history of a mouthful of blood, damage to his eye and bruising on his face. The medical records stated that plaintiff's mother claimed the bruises were self-inflicted. The minor plaintiff alleged that these were clear indications of child abuse and that, under California law, a nurse, two nurse practitioners and a doctor were required to make a report to Child Protective Services. California's Child Abuse and Neglect Reporting Act (California Penal Code Section 11166) requires that a report be made when a mandated reporter has knowledge of, or observes, a child whom the reporter knows or reasonably suspects has been the victim of child abuse or neglect. No report was made, however, and the minor plaintiff remained in the custody of his teenage parents.

The minor was returned to the emergency department at Sutter Amador Hospital, with extensive bruising over much of his body and a spinal cord injury that has left him permanently paralyzed. Medical records and testimony offered at trial reflected that the minor plaintiff had a healing broken clavicle and two broken ribs that dated back to the time of the first hospital visit when he was seven weeks old. A former Calaveras County Child Protective Services worker testified at trial that, if a report had been made to Child Protective Services when the infant was first seen at seven weeks old, he would have been taken into protective custody.

DEFENDANTS' CONTENTIONS: Defendants denied the allegations.

Result

The jury found in favor of the minor plaintiff and awarded $8.4 million, which included $400,000 in past non-economic loss, $4,100,000 in future economic loss, $360,000 in past non-economic loss, and $3,540,000 future non-economic loss. The verdict was returned against Sutter Sacramento Sierra Region, Valley Emergency Physicians Medical Group, Inc., a doctor, a nurse practitioner and four members of the infant's biological family.

Other Information

The jury answered 25 special jury verdict questions to determine liability and damages.

Deliberation

2.5 days

Length

20 days