Judge: Melvin D. Sandvig, Case: 23CHCV01439, Date: 2024-03-28 Tentative Ruling

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Case Number: 23CHCV01439    Hearing Date: March 28, 2024    Dept: F47

Dept. F47

Date: 3/28/24

Case #23CHCV01439

MINOR’S COMPROMISE

Petition filed on 2/29/24.

MINOR: J.D.

GAL: Rashina Daniel (parent)

DEFENDANTS: Gerber Products Company and Vallarta Food Enterprises Inc.

NOTICE: ok

SUMMARY OF ACTION: Plaintiff Rashina Daniel, mother of Minor J.D., purchased baby food Gerber Organic Pear, Purple Carrot, Raspberry Sitter 2nd Foods, from a Vallarta supermarket  located at 18571 Soledad Canyon Road, Canyon Country, CA 91351.  On 1/17/22, Minor was fed the baby food and began to breathe in an abnormal and noisy way.  Rashina Daniel’s older son heard his sister’s labored breathing and examined the jar.  He discovered a string-like foreign substance. J.D. consumed some of the foreign substance from the jar and was injured.

On 1/18/22, Minor visited the doctor and was diagnosed with stridor.  The doctor informed Rashina Daniel that Minor would need to visit a specialist at Providence Cedars-Sinai Tarzana Medical Center in Tarzana. California.  The specialist in Tarzana, Dr. Oallalzedeh, ordered an Esophagram.  Minor was then placed under anesthesia, and the doctor unsuccessfully attempted to remove the foreign body.  On 1/19/22, Minor  was transported to Children's Hospital Los Angeles via ambulance.  Minor was put under anesthesia and doctors unsuccessfully tried to remove the foreign body.  Minor was discharged Thursday, 1/20/22.  From the medical records it appears that the doctors could not confirm that that there was any foreign body remaining in Minor.  The petition indicates that Minor has completely recovered from the effects of the injuries.

RULING: The petition for approval of the settlement of the Minor’s claim is granted.