Case details

Suit: Emergency staff failed to report suspected child abuse

SUMMARY

$8400000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, chest, fracture, neck, rib, scoliosis, shoulder
FACTS
In the late evening of Jan. 27, 2011, plaintiff Cree Miller, a 7-week-old infant, was brought to Sutter Amador Hospital, in Jackson, by his teenage parents, Andrea Soldano and Anthony Santana, as well as by his maternal grandmother, Elysee Palmer. Upon arrival at the emergency room, Cree’s biological family reported that Cree had a history of blood in his mouth and was fussy. However, no health care providers ever found any blood. The visit carried over into the early morning hours of Jan. 28, 2011, during which time, a health care provider in the hospital’s emergency department, Cheryl Miller, a nurse, found bruising on Cree’s face, which was not the reason Cree was brought to the emergency room Miller also found that Cree’s body was covered with petechiae, which are small red or purple spots on the skin caused by a minor bleed from broken capillary blood vessels. In addition, Miller found blotches on Cree’s neck and a dark, red area in his eye. Another health care provider, Trina Haymond, a nurse practitioner, recorded that the mother claimed that the bruising on Cree’s face was from Cree hitting himself with his hands. A basic X-ray was then ordered in relation to the reported fussiness, and it was read as normal. Dr. Shawn Brady, an emergency medicine physician, did not record any facial bruise during his exam of Cree but only noted that Cree had a subconjunctival hemorrhage. Brady referred Cree to be seen by a family nurse practitioner, Dr. Marianne Lapointe. Lapointe saw Cree on Jan. 28, 2011. During her exam, she did not record any bruising, and she was allegedly not aware of the history of bruising or that it was allegedly self-inflicted because she only read the physician notes from the emergency room and not the nursing notes. On Feb. 17, 2011, Cree was brought back to the same emergency room, this time with bruising in several locations on his body. The emergency room staff referred him to Sutter Medical Center, Sacramento, where it was determined that Cree had a spinal cord injury, approximately at the T2 level and further radiology studies, which were taken after this emergency room appearance, demonstrated healing rib and clavicle fractures. As a result, Cree was removed from the care of his biological parents, placed in foster care and, later, adopted by his foster mother, Dawn Miller. Dawn Miller, acting as the guardian of her adopted child, Cree, sued Cree’s biological parents, Andrea Soldano and Anthony Santana; Cree’s maternal grandmother, Elysee Palmer; Cree’s step-grandparent and the husband of Ms. Palmer, Greg Palmer; the operator of Sutter Amador Hospital, Sutter Health Sacramento Sierra Region; the nurse who found the marks on Cree’s body during the initial emergency room visit, Cheryl Miller; the emergency medicine physician who noted that a subconjunctival hemorrhage during the initial emergency room visit, Dr. Shawn Brady; the nurse practitioner who noted the history of bruising during the initial emergency room visit, Trina Haymond; the treating emergency room doctors’ medical office, Valley Emergency Physicians Medical Group Inc.; and the family nurse practitioner who Cree was referred to and who did not note any bruising, Dr. Marianne Lapointe. Soldano, Santana, Mr. Palmer and Ms. Palmer ultimately defaulted out of the case. In addition, Sutter Health Sacramento Sierra Region stipulated that Cheryl Miller and Lapointe were its employees, but Cheryl Miller and Lapointe were no longer named as defendants by the time opening statements were given at trial. Plaintiff’s counsel contended that Haymond, Brady, Cheryl Miller and Lapointe were required to comply with California Penal Code § 11166(a) of the California Child Abuse and Neglect Reporting Act and that the corporate defendants were required to comply with California Penal Code § 11166.5, but no one reported the suspected child abuse. Counsel argued that after the defendants observed Cree’s initially, it was foreseeable that Cree would suffer further child abuse with escalating severity of injury or death. Specifically, plaintiff’s counsel argued that Cree’s biological family caused the to Cree on or prior to Jan. 27, 2011, including a fractured rib, fractured clavicle, petechiae, and subconjunctival hemorrhage from traumatic asphyxia (due to smothering), facial skin injury resulting in bruising, and a sudden onset of an alleged oral hemorrhage/trauma. Counsel also argued that Cree’s biological family caused the foreseeable, but preventable, abusive injury to Cree’s leg, back and spine, which left him permanently paralyzed, after Jan. 28, 2011. Thus, plaintiff’s counsel argued that the defendants were negligent for failing to report the suspected child abuse of Cree between Jan. 27, 2011 and Jan. 30, 2011. The plaintiff’s experts testified that, in addition to complying with Cal. Penal Code §§ 11166(a) and 11166.5, a bone survey of Cree should have been ordered on Jan. 27, 2011 and Jan. 28, 2011. In addition, the plaintiff’s radiology expert opined that if a bone survey was taken of Cree on Jan. 28, 2011, it would have revealed the fracture clavicle and one of the fractured ribs. Defense counsel denied any negligence on the part of Lapointe or the emergency staff at Sutter Amador Hospital., Cree sustained a fractured clavicle, two fractured ribs, and extensive bruising over much of his body. He also sustained fractures of the thoracic spine at the T1 and T2 levels, causing him to be paralyzed from the chest down (while his upper extremities are not affected). He also suffers from scoliosis. Cree is now 6 years old and uses a wheelchair. His adoptive mother, Dawn Miller, a Native American, gave Cree his name, which means “warrior.” Dawn Miller claimed that Cree is “bright beyond his years” and that Cree does not have any cognitive deficits. Although she claimed that Cree is not able to sit without assistance, she alleged that he can sit briefly by propping himself up with one hand. She also claimed that Cree is unable to turn over while in bed and that she “rearranges him” and his covers in his bed at night. Cree currently sees treaters for physical therapy, physical medicine and rehabilitation, and occupational therapy. The plaintiff’s life care planning expert opined that Cree will require care with a urologist, as well as for physical medicine and rehabilitation, for the rest of his lifetime. The expert also opined that Cree will need to see an internist, an orthopedist, a pulmonologist, a cardiologist, and a neurosurgeon, as well as will require recreational care and disability camp. The expert life care planner further opined that Cree could require skin flap surgeries, scoliosis surgery, laboratory and diagnostic testing, medications, bowel and bladder supplies, respiratory supplies, a manual wheelchair, a power wheelchair, an adjustable bed, orthotics, mobility equipment (such as a van), and attendant care. Thus, Cree sought recovery for his past and future medical care, as well as recovery of damages for his past and future pain and suffering. Defense counsel disputed the amount of damages being sought, and argued that the medical professionals and corporate entities did not cause or contribute to Cree’s .
COURT
Superior Court of Amador County, Amador, CA

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