Bittersweet Justice: California-Child Death

“Sacramento city and county have paid a $300,000 settlement to the parents of an infant who died after he was allegedly wrongfully placed in foster care.

The county paid $225,000 to the parents and the city paid $75,000. Both the city and county declined comment on the settlement, according to city spokesman Tim Swanson and county spokeswoman Kim Nava.

In June 2017 at about 2 a.m., an infant boy was suffering medical issues that included vomiting and gasping for air after feeding, alleged the wrongful death lawsuit filed in 2018 in Sacramento Superior Court. His parents took him to Sutter Hospital, where he was evaluated, determined to be in good condition, prescribed Zantac, then discharged.

Later that day, while being fed, another child bumped into the mother’s arm and caused the bottle to create a small tear near his penis, the lawsuit states.

As a precaution, the parents took the son to UC Davis hospital to be checked. While they were there, Sacramento police officers determined the injuries sustained by the child were “consistent with physical abuse,” even though they had not observed abuse or any action that would constitute an imminent risk, the lawsuit states.

“Specifically (the officers) determined that despite the presence of hospital staff, hospital security, nurses, doctors and the presence of the Sacramento Police Department, the child was in imminent risk of harm and determined to place the child into protective custody,” the lawsuit states.

The next day officers went to the family’s home without a warrant, the lawsuit states. They spoke to two children in the home and found them to be “fine.” Later that day a county social worker called 911 asking for officers to help with serving a protective custody hold on the infant as well as two of the parents’ other children.

A county doctor ordered an investigatory medical examination of the infant and another child of the parents, including a skeletal X-ray without parental permission, the lawsuit states.

“All the tests for both children were normal and indicated that neither was the victim of sexual abuse or physical abuse,” the lawsuit states.

Still, the children were removed from their parents put into foster care, according to the lawsuit. About two months later, the foster parents after feeding the boy either placed him improperly in his sleeping area or failed to observe him roll over.

“The foster parents knew that (the infant) had been seen multiple times in the hospital for issues regarding reflux and vomiting,” the lawsuit states. “Despite such knowledge the foster parents failed to maintain a proper lookout and to properly observe (the boy).”

After the boy vomited, he asphyxiated and ultimately died, according to the lawsuit.”
Sacramento pays $300,000 settlement to parents of infant who died in foster care
[Yahoo 4/9/24 by Thera Clift]