Case details

Defense claimed baby died from SIDS, not overfeeding

SUMMARY

$250000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
aspiration, death, loss of society
FACTS
On Aug. 31, 2012, plaintiffs’ decedent OwenSpeck, an infant just under 6 months old, was dropped off at Elizabeth Rodriguez’s licensed La La Land Day Care in Porterville by his father shortly before 7 a.m. Owen’s parents wanted to have Owen at the licensed daycare because they had heard it was a good facility. However, they had to wait several weeks until there was an opening. As a result, Owen was first placed in La La Land Day Care 10 or 11 days before Aug. 31, 2012. Before being left at the daycare on Aug. 31, 2012, Owen was fed four, six or eight ounces of formula. Later, between about 8 and 9 a.m., Rodriguez and her mother fed the children at the daycare. Rodriguez indicated that she prepared a four-ounce bottle for Owen, used some of it to make cereal, and then burped Owen and laid him down for a nap at about 9:15 or 9:20 a.m. At a few minutes before 10 a.m., Rodriguez’s mother discovered Owen pulseless and non-breathing. As a result, 911 was called and Rodriguez attempted to perform CPR for several minutes before emergency personnel arrived. Owen was ultimately taken to a hospital, where rescue efforts continued. However, he was declared dead after about two hours at the hospital. Owen’s parents, Tallen and Kaycee Speck, sued Rodriguez, individually and doing business as La La Land Daycare. Plaintiffs’ counsel noted that emergency personnel indicated that when they arrived at the scene, Rodriguez told them that she had been feeding Owen and then he stopped breathing. The plaintiffs’ pathology expert, the coroner, testified that he found some food material in Owen’s lungs and that from the location of the food material in the lungs, he believed Owen had aspirated prior to being found. The expert also opined that the location of the material in the lungs was not the result of rescue efforts. The plaintiffs’ pediatrics expert also opined that Rodriguez had overfed the baby and that this was most likely the cause of death. Thus, plaintiffs’ counsel contended that Rodriguez was negligent and overfed Owen, causing Owen to aspirate food when he was laid down for his nap. Defense counsel contended that overfeeding was not the cause of death and that the autopsy done by the plaintiffs’ pathology expert, the coroner, was incomplete. Thus, counsel argued that that Owen most likely died of sudden infant death syndrome. The defense’s forensic pathology expert testified that when there is a child under one year, protocol indicates that a full SIDS autopsy should be done, but that it was not done in this case. In addition, the defense’s emergency medicine expert testified that he was not aware of babies dying of overfeeding and opined that Owen almost certainly died from SIDS., Owen died on Aug. 31, 2012. He was 6 months old. Owen was survived by his parents and two minor brothers, ages 6 and 4. Owen’s parents, Tallen and Kaycee Speck, sought recovery of $1,800 in funeral expenses and an unspecified amount of general damages.
COURT
Superior Court of Tulare County, Tulare, CA

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