Case details
School not trained for medical emergencies, student alleged
SUMMARY
$17500000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
brain, brain damage, brain injury, cognition, developmental delay, impairment, mental, psychological
FACTS
On May 1, 2018, plaintiff Eduardo Mendoza, 9, a third-grade student at Anderson Elementary School, in Compton, suffered a cardiac arrest while on the school playground. Eduardo had an underlying heart condition called catecholaminergic polymorphic ventricular tachycardia, a condition characterized by an abnormal heart rhythm. However, neither his family nor his school were aware of Eduardo’s condition prior to the incident. When Eduardo suffered a cardiac arrest, school personnel immediately responded and contacted 9-1-1. A security officer performed CPR until emergency services arrived at the school shortly after the incident. Paramedics then used a defibrillator to restart Eduardo’s normal heart rhythm and transported Eduardo to a hospital. However, despite those efforts, Eduardo suffered an anoxic brain injury. Eduardo, through his mother and guardian ad litem, Rosa Maria Davila Flores, sued the operator of the elementary school, the Compton Unified School District. Eduardo alleged that the school district was negligent for failing to properly train school administrators and personnel. Plaintiff’s counsel contended that the school district failed to properly train school personnel on how to respond to medical emergencies and that as a result, there were critical delays in providing Eduardo proper medical care, which caused his brain injury. Counsel noted that after multiple depositions, the school’s principal admitted that the school district should have provided training on both child CPR and the use of an automated external defibrillator (AED), but that it failed to do so before the incident. Plaintiff’s counsel also contended that the school should have had an emergency plan outlining staff responsibility during a medical emergency and a nurse on campus who could have responded to the emergency. Counsel further contended that the security guard negligently provided CPR prior to the arrival of emergency personnel. Defense counsel contended that the school district’s personnel responded promptly to Eduardo’s medical emergency and contacted 9-1-1. Counsel also contended that there was no significant delay in providing to Eduardo, as it was started in less than three minutes, and that CPR was properly performed until emergency services arrived. Defense counsel further contended that the school district complied with the statutory requirements for CPR-trained personnel and that there was no requirement to have an AED or nurse present on school campus., Eduardo suffered an anoxic brain injury. He is left with cognitive deficits, an intellectual disability, developmental delays and functional immobility. Plaintiff’s counsel contended that Eduardo will require ongoing future medical care, including rehabilitation, medications and home maintenance. Eduardo sought recovery of past and future medical costs, and damages for his past and future pain and suffering. Defense counsel asserted that Eduardo’s were the result of his underlying heart condition, which the school district indisputably did not cause and had no knowledge of prior to the incident. Counsel also asserted that medical literature and opinion testimony strongly supported that whatever minimal delay there may have been in providing CPR to Eduardo in no way caused Eduardo’s and that Eduardo had less than a two percent chance of surviving his cardiac arrest without significant brain injury.
COURT
Superior Court of Los Angeles County, Compton, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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