Trial News

Doe, 3, went with his mother and sister to a community health center so his sister could be treated for warts. A health center employee came into the treatment room and poured trichloroacetic acid into a cup. The employee then left the room, placing the uncovered cup on a table. Doe picked up the cup and tried to drink the trichloroacetic acid, which spilled on his chin, neck, chest, and abdomen. He was taken to a hospital, where he was treated for burns to 6% of his total body surface area. He required daily wound care after his discharge, which caused him discomfort, and developed hypertrophic scarring.

Doe’s mother, individually and on his behalf, sued the United States, alleging liability for the employee’s failure to place the trichloroacetic acid in a covered container and in a place where Doe could not reach it.

The parties settled for $500,000.

Citation: Gonzales v. United States, No. 18-CV-6035 DGL-JWF (W.D.N.Y. Aug. 5, 2019).

Plaintiff counsel: Julie Jordan DiPalma and James Foley, both of Palmyra, N.Y.