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California Civil Procedure, Keyed to Levine, 6th Ed.
Leung v. Verdugo Hills Hospital
Citation:
282 P.3d 1250 (2012)Facts
Aidan Ming-Ho Leung, of East Asian descent, was born at Verdugo Hills Hospital at less than 38 weeks gestation. His mother experienced breastfeeding difficulties and expressed concerns to nurses multiple times. The pediatrician, Dr. Nishibayashi, examined Aidan and discharged him approximately 24 hours after birth, scheduling a followup for seven days later. Three days after birth, Aidan’s mother noticed jaundice and called the pediatrician’s office; a nurse told her not to worry and to wait for the scheduled appointment. By the sixth day, Aidan was lethargic and unresponsive. He was taken to an emergency room where he received a blood-exchange transfusion, but he had already developed kernicterus causing irreversible brain damage. The hospital failed to implement Joint Commission Alert No. 18 recommendations regarding kernicterus prevention, failed to educate parents about jaundice risks, and failed to schedule an appropriate followup appointment.
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