Facts

Child Welfare Services Division for Tulare County received multiple child endangerment referrals concerning plaintiff J.G., an infant. These referrals described concerns that the child was not being fed an appropriate diet, was malnourished, was being subjected to ice baths, and was being exposed to the elements. Notwithstanding these repeated referrals, for months, Child Welfare Services failed to initiate any investigation, and failed to administer any emergency response services.

On or about Aug. 1, 2020, J.G., then only 10 months old, suffered anoxic brain injury due to severe malnutrition. The significant injury to his brain resulted in permanent damage, which will cause profound neurological deficits for the remainder of his life.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that Child Welfare Services was required by statute to conduct an investigation into J.G.'s circumstances within ten days of receiving the referrals, and to provide crisis intervention to protect the safety of the child. Plaintiff further contended that, by not timely responding, Child Welfare Services breached their duties to the child and that, as a foreseeable result of this breach of duty, he suffered devastating neurological injury.

DEFENDANT'S CONTENTIONS: Defendants denied any wrongdoing or liability and all the plaintiff's material allegations. Defendants maintained that, even if they had timely responded to J.G.'s child endangerment referrals, they would not have seen any concerning behavior on the part of the parents. Defendants also contended that they were excused from responding to the referrals because of the COVID-19 pandemic.

Result

The case settled for $32 million before mediator Hon. Daniel J. Buckley (Ret.).