Case details

Missed dose of anti-seizure meds, resulted in son’s death: parents

SUMMARY

$10200000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
cerebral palsy, Epilepsy syndrome, seizure disorder
FACTS
On Feb. 7, 2012, Plaintiffs’ decedent Kevin Barr, 15, a resident at Lonika’s Home Inc., an intermediate live-in care facility in Mission Viejo, was found unresponsive after suffering a seizure. Kevin was previously born at 25 weeks, weighing just over one pound, and suffered cerebral palsy and a seizure disorder. Kevin later became a resident at Lonika’s Home Inc. for about six years. However, Kevin’s parents claimed that staff at Lonika’s Home failed to give Kevin his anti-seizure medication, failed to perform CPR, and took an hour to call 911. As a result, Kevin died. Kevin’s parents, Mark Barr and Michele Barr, sued Lonika’s Home Inc.; Lonika Spartan; Lonika Home-Spartan; the owner of Lonika’s Home, Eleanor Del Rosario; and a consultant, Montinee Voochu. The parents alleged that the defendants’ actions constituted negligence, willful misconduct before death, intentional misrepresentation before death, and concealment after death. Del Rosario and Voochu were ultimately dismissed from the case, and the matter only continued against Lonika’s Home Inc. The plaintiffs’ various experts testified that there was delay in calling 911, that there was no immediate attempt to revive Kevin, and that the delays in performing CPR contributed to Kevin’s death. Plaintiffs’ counsel argued that staff a Lonika’s Home failed to give Kevin his anti-seizure medication, had no adequate CPR training, failed to perform CPR, and took an hour to call 911. Counsel contended that Kevin was found to be unresponsive at 3:30 a.m., but that the police weren’t called until about 4:20 a.m. Counsel also contended that an Orange County sheriff’s deputy who responded to the scene was told by the staff of Lonika’s Home that Kevin’s medical file was not available and was not told of the missed dose of medicine. The deputy testified that had he known about the missed dose and the information in Kevin’s medical file, he would have notified the coroner about those facts. Thus, plaintiffs’ counsel argued that Lonika’s Home’s staff and officials started covering up evidence of the missed dose of medication after Kevin’s death. Counsel contended that Kevin’s medication was destroyed so that it could not be determined how many seizure pills were left and that Lonika’s Home lied about the lack of training Kevin’s caregiver had in performing CPR. Plaintiffs’ counsel argued that the steps taken by Lonika’s Home after Kevin’s death were done so that an autopsy would not be performed and so Kevin’s death would be determined to be due to natural causes. Lonika’s Home denied that Kevin missed a dose of seizure medicine and denied the claim of a one-hour delay in calling 911. Defense counsel contended that Kevin was found unresponsive at 4:10 a.m. and that authorities were called nine minutes later. Counsel also contended that Kevin’s seizure was not due to a missed dose of medicine, but was a breakthrough seizure that was part of Sudden Unexplained Death in Epilepsy syndrome, which could not have been prevented by medicine or predicted in advance., Kevin passed away on Feb. 7, 2012. He was survived by his parents, Mark and Michele Barr; one sister Kaylee, who was 14 years old; and an “adopted in our heart” sister, Cathy, who was 24 years old. Kevin was the only son of Mark and Michele Barr. Thus, Mark and Michele Barr sought recovery of damages for their past economic loss, past non-economic loss, and future non-economic loss. They also sought recovery of punitive damages.
COURT
Superior Court of Orange County, Santa Ana, CA

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