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Torts
Civil Rights
Informed Consent

Martha Ayala v. County of Kings

Published: Aug. 12, 2000 | Result Date: Feb. 25, 2000 | Filing Date: Jan. 1, 1900 |

Case number: 98C0339 Verdict –  $0

Judge

James T. LaPorte

Court

Kings Superior


Attorneys

Plaintiff

H. Ty Kharazi


Defendant

Rosemarie McGuire


Experts

Plaintiff

Francisco Montalvo
(medical)

Richard Nordstrom
(technical)

Arthur S. Shorr
(technical)

Louis Razzo
(technical)

Facts

Plaintiff Martha Ayala, a 14-year-old minor and the guardian ad litem for Gloria C., a minor, was wrongfully
accused of having abandoned of a newborn baby. She was subsequently deprived of her rights when she was
detained by defendant deputies and medically examined without the informed consent of her parents.
The defendants were County of Kings, Deputies Brabent and Torres, Dr. Lyman Rust and Handford
Community Medical Center. The medical examination included a pelvic examination as well as blood work.
Defendant Rust determined that the minor girl was a virgin prior to his ordering the blood work. The medical
examination occurred at defendant Hanford Community Medical Center and was performed by Rust.
The minor girl being a virgin, was extremely humiliated and traumatized during the event
and continues to suffer post-traumatic stress syndrome to the point of being suicidal. She has
attempted suicide three times.

Settlement Discussions

Plaintiff's demand not reported. The defendant offered nothing. Confidential settlement reached with defendant hospital.

Injuries

The plaintiff suffered emotional distress and trauma leading to three suicide attempts, post-traumatic stress syndrome.

Other Information

<P>A motion for new trial was pending a hearing on April 14, 2000 for jury misconduct.</P>

Deliberation

one day

Length

10 days


#96185

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