Facts

The Department of Children and Family Services (DCFS) removed Chalino Marin from his mother, and through the Inner Circle Foster Family Agency, the minor was placed with foster parent Lucy Postarchian. Unbeknownst to the parties, the child suffered from a neurological disorder that desensitized the child to pain. Postarchian placed the child in a high chair with a residue of an industrial cleaner. The child was in the chair for about one hour not complaining. When he was removed from the chair, he had burns to the back of his legs. Inner Circle removed the child from Postarchian's care and he was placed with another foster parent.

The respite mother took Chalino to a doctor two or three times for additional examinations and burn treatment. More than two weeks later, a social worker became concerned over Chalino's burns, which had progressed to third degree burns.

Chalino's aunt, Isidra Sales, acting as Chalino's guardian ad litem, and Chalino's biological mother, Marta Sales, sued Postarchian, Inner Circle, and the Dept. of Children and Family Services (DCFS) for negligence. DCFS subsequently brought a cross-claim against Postarchian. Plaintiff dismissed DCFS and Inner Circle after they filed motions for summary judgment. Ultimately, the matter continued on the claims of Isidra Sales, as Chalino's guardian ad litem, against Postarchian only.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Defendant should not have used an industrial-strength engine degreaser to clean the child's high chair, thereby making her grossly negligent for the toddler's injuries. Moreover, Plaintiff contended that Defendant failed to properly care for the burns, causing them to progress into third-degree burns.

DEFENDANT'S CONTENTIONS:
Defendant admitted to using an industrial-strength degreaser, but contended that she could not know that the child was chemically burned because he sat in the chair for about an hour without making any indication that he was in pain. She also contended that she appropriately brought him to a hospital where he was examined, prescribed a cream, and discharged. Moreover, Defendant contended that the doctor at the two follow-up meetings to which she brought the child indicated that the burns were healing. Further, she contended the additional visits to the doctor also told the respite mother that the child was doing fine.

Injuries

Chalino suffered from first- and second-degree burns that progressed to third-degree burns, resulting in necrotized skin across his toes, thighs, and soles of his feet. His wounds were subsequently debrided and he underwent two or more sets of skin grafts. His previously burned skin developed had into the consistency of thick leather. He may have to undergo hormone injections to soften the skin.

Result

Postarchian agreed to a $300,000 settlement with Chalino's guardian ad litem.