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Environmental Law
Negligence
Unlawful Disposal of Medical Waste

People of the State of California v. Kaiser Foundation Hospitals

Published: Sep. 15, 2012 | Result Date: Jul. 16, 2012 | Filing Date: Jan. 1, 1900 |

Case number: BC486138 Settlement –  $73,615

Court

L.A. Superior Central


Attorneys

Plaintiff

Vincent B. Sato

Carmen A. Trutanich
(Tucker Ellis LLP)

William W. Carter
(Musick, Peeler & Garrett LLP)

Jessica B. Brown
(Office of the Los Angeles County City Attorney)

Tina L. Hess
(Office of the Los Angeles City Attorney)

Patricia C. Bilgin


Defendant

Steven G. Madison
(Quinn, Emanuel, Urquhart & Sullivan LLP)


Facts

On April 28, 2010, Kaiser's South Bay Medical Center delivered a roll-off trash bin consisting of medical waste, such as blood-filled tubing, tainted surgical devises, and surgical drapes to the Carson Waste Management Transfer station. The station was not allowed to accept the medical waste, which was soaked with blood. Later, the City of Los Angeles launched an investigation into the matter, and found that Kaiser had been improperly storing medical waste, and that the waste was incorrectly labeled without the word "BIOHAZARD" in red biohazard bags. The City of Los Angeles filed a civil enforcement action against Kaiser Foundation Hospitals in relation the allegedly unlawful disposal of medical waste at the South Bay Medical Center pursuant to the California Medical Waste Management Act.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant failed to take proper measures to handle waste and to protect public interests.

Result

The Court approved a settlement amounting to $73,615. In addition, Kaiser will train its employees as to proper handling, storage, and disposal of medical waste, and if an unlawful disposal occurs, Defendant must notify authorities and remedy the situation.


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