Case details

Plaintiff: Child burned by engine degreaser used on high chair

SUMMARY

$300000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
burns, disfigurement, first degree burns, scar, second degree, third degree burns
FACTS
On July 6, 2010, plaintiff Chalino Marin, a 20-month-old child who had developmental delays and speech problems, was seated in a high chair that had been cleaned earlier that day with Purple Gunk, an engine degreaser. The chair was cleaned by Chalino’s foster parent, Lucy Postarchian. When Postarchian returned from a concert later that night, she noticed that the back of Chalino’s legs and buttocks were very red. She subsequently took Chalino to a hospital, where he was examined, given a cream and discharged. She then took the child for two follow-up care visits at a local clinic. Postarchian later asked Inner Circle Foster Family Inc., an adoption and foster care agency, to have Chalino and his sister placed in respite care, which gives caregivers short-term, temporary relief in caring for children with developmental disabilities. As a result, the respite mother took Chalino to a doctor two or three times for additional examinations and treatment of his burns. Over two weeks later, a social worker with the Los Angeles County Department of Children and Family Services met with Chalino and became concerned. It was ultimately determined that Chalino’s burns had progressed to third degree burns. Chalino’s aunt, Isidra Sales, acting individually and as Chalino’s guardian ad litem, and Chalino’s biological mother, Marta Sales, acting individually, sued Postarchian; Inner Circle Foster Family Inc. and The Department of Children and Family Services. They alleged that Postarchian was negligent in the care and treatment of Chalino, and that Inner Circle and The Department of Children and Family Services were negligent for failing to meet with Chalino sooner. Inner Circle, The Department of Children and Family Services and the county of Los Angeles subsequently brought a cross-claim against Postarchian. The claims against that Inner Circle and The Department of Children and Family Services were ultimately dismissed, resulting in the discontinuance of the cross-claim. In addition, the individual claims from Chalino’s aunt and mother were removed from the case. Thus, the matter continued on the claims of Isidra Sales, as Chalino’s guardian ad litem, against Postarchian only. Plaintiffs’ counsel contended that Postarchian should not have used an industrial-strength engine degreaser to clean Chalino’s high chair, making her grossly negligent for the child’s . Counsel also contended that Postarchian failed to properly care for Chalino’s burns, causing them to progress into third-degree burns. Postarchian admitted to using Purple Gunk to clean the high chair, but claimed that she could not know that Chalino was chemically burned because he sat in the high chair for about an hour without making any indication of pain. She also claimed that she appropriately brought the child to a hospital, where he was examined, given a cream and discharged. She further claimed that when she brought Chalino for follow-up care twice at a local clinic, she was told by a doctor that Chalino’s burns were healing. In addition, Postarchian claimed that when the respite mother took Chalino to a doctor two or three times, the respite mother was told the child was doing fine., Postarchian took Chalino to Providence Holy Cross Hospital in Porter Ranch to treat the redness to the back of Chalino’s legs and buttocks. The attending physician subsequently diagnosed the child with first- and second-degree burns, and prescribed silver sulfadiazine to apply topically, as needed, until the areas cleared. However, Chalino’s burns progressed to third-degree burns, resulting in necrotized skin bilaterally across his toes, thighs and the soles of his feet. In August 2010, Chalino was taken to Grossman Burn Center in Los Angeles, where his wounds were debrided. Eventually, he had two or more sets of skin grafts. Plaintiff’s counsel contended that the previously burned area had developed into the consistency of thick leather and that Chalino might have to undergo hormone injections to soften the skin. According to defense counsel, Chalino had substantial medical bills.
COURT
Superior Court of Los Angeles County, Chatsworth, CA

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