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Failure to investigate reports of child neglect

May/Jun 2023

J.G., 10 months, was found unresponsive. He was hospitalized and diagnosed with brain damage resulting from malnutrition.

Suit against Tulare County, Calif., alleged failure to perform mandatory duties; negligent hiring, supervision, and retention; and negligence. The plaintiff claimed that Tulare County Child Welfare Services had failed to follow up on numerous child endangerment referrals and failed to respond to or investigate reports that J.G. was suffering from malnutrition and neglect while in his biological parents’ custody. The plaintiff also asserted that when the defendant became aware of J.G.’s condition, it altered records in an attempt to change the time line of events.

The defendant denied the plaintiff’s claims.

The parties settled for $32 million.

Citation: J.G. v. Cnty. of Tulare, No. VCU286277 (Cal. Super. Ct. Tulare Cnty. Jan. 30, 2023).

Plaintiff counsel: AAJ members Brian Panish, Peter Kaufman, and Wyatt Vespermann, all of Los Angeles; and Stephen Cornwell and AAJ member Nicholas Urgesi, both of Fresno, Calif.