Professional Negligence Law Reporter

Doe, 6 weeks, was taken to a hospital, where a physician diagnosed a fractured femur and stated that he could not rule out non-accidental trauma. The hospital then placed a so-called hospital hold on Doe to prevent her parents from taking her home. Later that day, Doe’s brother, 6, also was placed in temporary protective custody.

Doe was subsequently diagnosed as having brittle bone disease. She and her brother were returned to their parents’ custody after more than a two-month absence.

Doe’s parents and the children, through a guardian, sued the county of San Diego, alleging that it wrongfully removed the children in the absence of exigent circumstances, in violation of the Fourth and Fourteenth Amendments. The plaintiffs also asserted that Doe’s brother was examined without parental consent and in the absence of exigent circumstances.

The defense argued that contacting child welfare had been appropriate in that the parents could not explain how Doe suffered injury and that her sibling’s examination was brief and non-invasive.

The parties settled for $700,000.

Citation: Reynolds v. Cnty. of San Diego, No. 3:11-cv-01256-JAH-AGS (S.D. Cal. June 18, 2020).

Plaintiff counsel: Donnie R. Cox, Oceanside, Calif.; and Paul W. Leehey, Fallbrook, Calif.