Facts

Conception Covarrubias was admitted on July 7, 2020 at South Coast Global Medical Center with chief complaints of fatigue, and cough associated with shortness of breath. She was also hypoxic. She had a medical history of being diabetic and on multiple oral diabetic medications. On July 9, 2020, she had a Nasogastric Tube inserted to provide her with necessary medication and nutrition. On July 11, 2020, she was intubated due to decreased oxygenation levels as well as tachypnea in the 40s. On August 28, 2020, her children Manuel Mijango and Cynthia Covarrubias were allowed to see their mother, as they were not previously due to the pandemic. While there, they saw maggots crawl out of the nasogastric tube area, picked them off, and took pictures of them.

PLAINTIFF'S CONTENTIONS: Plaintiffs contended that between July 7, 2020, and August 21, 2020. South Coast Global Medical Center recklessly neglected to provide Concepcion Covarrubias supervisory and custodial care services. Plaintiffs contended that her mother was neglected, which allowed the maggots to occur.

DEFENDANT'S CONTENTIONS: The hospital contended that Decedent was in already very poor shape at the hospital and that no act or omission caused her death. The hospital explained that flies can lay eggs, which causes maggots in mere hours and especially with a sedentary patient in a coma like Ms. Covarrubias, this can happen even in the best of hands and is unavoidable.

Settlement Discussions

The case resolved shortly after a mediation with Hon. Jackson Lucky, Ret. of JAMS. The hospital sent a Code of Civil Procedure section $200,000 shortly after mediation ended, which Plaintiffs accepted.

Result

The case settled for $200,000.