Case details

Child negligently placed with inexperienced foster parents: suit

SUMMARY

$1550000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
brain, damage, shaken baby syndrome, subdural hematoma, traumatic brain injury
FACTS
On Oct. 28, 2014, the plaintiff, a 3-month-old infant named Mason, was placed with first-time foster parents Anthony Edwards and Manuela Edwards, who were operating a certified foster home under the license of Greater Hope Foundation for Children Inc. Mason was born premature at 30 weeks gestation. He was diagnosed with several medical conditions associated with his prematurity, including retinopathy of prematurity, respiratory distress and gastroesophageal reflux disease. After being hospitalized for approximately six weeks, Mason was discharged into the custody of his biological parents. However, after three weeks, San Bernardino County removed Mason from his parents’ custody due to reported neglect in failing to take him to an ophthalmologist to monitor his diagnosed retinopathy of prematurity. Mason was placed into the custody of the Edwardses. On Nov. 20, 2014, three weeks after being placed in the Edwards home, Mason was admitted to the hospital with seizures, retinal hemorrhages and subdural hematomas. He was ultimately diagnosed with non-accidental trauma, or shaken baby syndrome. Mason’s guardian ad litem sued the San Bernardino County, Mr. Edwards, Ms. Edwards, Greater Hope Foundation for Children Inc., and Greater Hope Foster Family Agency. Mason’s guardian alleged that the defendants’ actions constituted a breach of mandatory duties, negligence, discrimination on the basis of disability, and a violation of Mason’s civil rights. Greater Hope Foster Family Agency was removed from the case, as it was determined that Greater Hope Foundation for Children Inc. was the correct entity name. Plaintiff’s counsel contended that Mason was improperly placed with inexperienced and untrained first-time foster parents, Mr. Edwards and Ms. Edwards, who were operating Greater Hope Foundation, on Oct. 28, 2014. Counsel also contended that Mason was not classified as a special health care needs child, despite Mason’s presenting medical conditions. Plaintiff’s counsel asserted that the county misplaced Mason and then failed to provide the Edwards family with assistance or support to take care of Mason’s medical conditions. Counsel further asserted that negligently cared for Mason, causing the shaken baby syndrome. The Edwardses were uninsured and represented themselves at trial. They claimed that they complained that they were overwhelmed with their efforts to manage Mason’s medical needs, but that they were not provided assistance or support. Defense counsel denied that Mason qualified as a special health care needs child. Counsel also contended that Greater Hope Foundation’s social workers were health care providers and that Mr. and Ms. Edwards were not agents of Greater Hope Foundation, but, instead, were independent contractors. Thus, counsel asserted that vicarious liability would not apply. To the extent that Mason’s were caused by non-accidental trauma by the Edwards family, defense counsel asserted that any physical abuse would constitute an unforeseeable and superseding criminal act., Mason suffered retinal hemorrhages, subdural hematomas, seizures, and a traumatic brain injury resulting in developmental delays from the alleged shaken baby syndrome. Defense counsel asserted that Mason’s were pre-existing and not due to any abuse or trauma while in foster care. Counsel also contended that Mason was limited to MICRA damage limits.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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