WHO IS DELANEY GONZALES? AND WHY IS HER LIFE ONLY WORTH $250K?

WHO IS DELANEY GONZALES? AND WHY IS HER LIFE ONLY WORTH $250K?

0 Comments

I first heard of Delaney Gonzales in a video, entitled A World Without Lawyers, produced by Consumer Attorneys of California. Her story was compelling, tragic, and worth sharing…

On February 4, 2002, Delaney Lucille Gonzales, 16 months old, went to UCLA Medical Center for a routine surgery to repair a cleft palate. It was supposed to be the first of several surgeries to repair malformations on Delaney’s head and face caused by Treacher Collins syndrome, a rare birth defect.

The initial operation on Delaney was successful, according to medical records, BUT a breathing tube was misplaced and pumped air into Delaney’s stomach rather than her lungs. Because Delaney’s body was deprived of oxygen, her heart stopped. She suffered irreversible brain damage. Delaney Gonzalez passed away less than an hour later.

While no one can put a price on the life of a child, twenty-five years before Delaney was born, in 1975, California lawmakers passed a law known as MICRA that determined Delaney Gonzalez’s life was only worth $250,000. That cap on “non-economic damages” for pain and suffering would override the decision of any jury that may think Delaney’s life is worth more.

When a child dies, the other available damages in a wrongful death lawsuit, known as “economic damages,” are very low because future lost wages are difficult to prove and no medical expenses remain. Medical experts, court costs and legal fees, which can easily run more than $100,000 in a complicated medical malpractice case, are not considered “economic damages” either, so they must be subtracted from the settlement or verdict. Thus, Delaney’s family would only receive $250,000 for “non-economic damages,” minus expenses and legal fees, unless they are able to prove Negligent Infliction of Emotional Distress (NIED) or Fraud which would allow for a greater recovery beyond the MICRA cap on “non-economic damages.”

Voters and lawmakers should reject proposals which set an arbitrary value on the life of every child who is the victim of medical mistakes.

For more information, or if you or a loved one, have been injured as the result of medical malpractice in California, please contact the experienced lawyers at Mulligan Law. Our telephone number is 619-238-8700.

0

You May Also Like

Leave a Reply

Your email address will not be published. Required fields are marked *

Testimonials

Jan is not only knowledgeable and professional, but she has a true heart for helping people. Practicing law is her ‘purpose and passion’ and she displays this through her compassion and caring, [and] her fire and tenacity. Jan fights for her clients and she does not back down. She is honest and direct.

Client P

I cannot say enough about the professionalism and knowledge Jan has shown. She is on it! People like her are so rare to come by. I would give her 10 stars if I could! I will recommend her to any friend or family member I know.

Client CH

A skilled team who understands people as well as law.

Client EK

They give their everything and more. Super Smart, Super Diligent, Compassionate, Warm and Caring, Upfront and Honest.

Client MM

Jan was nothing short of amazing in her verbal dominance of the other side in depositions and trial arguments. Let’s say I am very glad she was on my side of the table. At the conclusion of my case the judge looked at me and said, hope you appreciate the Herculean effort that your lawyers gave in this case. Believe me I did! That’s just how they roll.

Client A.V.