Cirilio Hinojosa, a minor, by and through his Guardian ad Litem, Sylvia Hinojosa v. Los Angeles Unified School District, Linda Acuna
Published: Jul. 30, 2005 | Result Date: Apr. 29, 2005 | Filing Date: Jan. 1, 1900 |Case number: PC035190 Bench Decision – $0
Judge
Court
L.A. Superior
Attorneys
Plaintiff
Neil M. Howard
(Law Offices of Neil M. Howard)
Defendant
Gary A. Bacio
(Bacio & Associates)
Experts
Plaintiff
Charlotte Brandt
(medical)
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)
Andrea Morrison
(medical)
David Ian Friend
(medical)
David J. Weiner M.B.A., AM
(technical)
Willis M. Wagner
(Arnold & Porter Kaye Scholer LLP)
(medical)
Defendant
Mariann Cosby
(medical)
Ashok Jain
(medical)
Heather Fullerton
(medical)
Facts
Cirilio Hinojosa, a 12-year-old student at McClay Middle School in Pacoima, was on the playground at school at noon on Jan. 27, 2004. He picked up a pencil and placed it in his mouth. A ball kicked by another student struck the pencil in Cirilio's mouth. Cirilio went to the school nurse, Linda Acuna, who found a minor scrape to his upper, midline soft palate. His parents were notified that Cirilio had been injured but did not pick him up at school. He stayed in the infirmary for about 1.5 hours, with Acuna checking his condition periodically. Cirilio was sent home at about 1:30 p.m. He was ambulatory and verbal and exhibited no breathing difficulties or pain. At about 3 a.m. the next day, he suffered a massive stroke. He was later found to have suffered a dissection of the left carotid artery.
Settlement Discussions
Hinojosa demanded $750,000. The defendants offered $10,000.
Specials in Evidence
$100,000 $3 million for life care plan, loss of future earning capacity, etc.
Injuries
Cirilio suffered a massive stroke due to the dissection. He spent several weeks at UCLA undergoing physical and speech therapy, which is ongoing.
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