$113.4M Verdict for failure to protect child

Kelly Deutsch Cases in the Media, Day-in-the-Life Video, News

The largest pain and suffering jury award ever given to a single plaintiff in California.

Noah Reed lies in a hospital bed in the aftermath of a beating by Hannah Thompson, the girlfriend of Noah’s father at the time of the abuse and his primary caregiver in 2014. (Courtesy Matthew Whibley, attorney for Laurell and Noah Reed)

“In the last year we’ve settled one 8 digit case and tried a 9 digit case based on day in the life videos done by Verdict Videos. Mark flew to New York and spent 2 days creating the most powerful and dramatic day in the life video I have seen to date. This video was integral in securing a $113,400,000 verdict for a profoundly brain damaged 5 year old. Verdict Videos is my go to every time!”
– Steve Vartazarian, THE VARTAZARIAN LAW FIRM

We cannot thank Steve Vartazarian and Matt Whibley of The Vartazarian Law Firm enough for allowing us to produce the Day-in-the-Life Video of their very young, very severely, injured client. After a 3-week long trial, the jury delivered a well-deserved $113,402,625.66 verdict with 85% liability against the County of San Bernardino’s Child Protective Services for failure to protect. We are so unbelievably thrilled plaintiff will receive much needed medical care, live more comfortably, and received some sense of justice.

Hospitalized with head trauma

Steve and Matt’s 5 years old client was admitted to Loma Linda University Medical Center with severe head trauma. His father’s girlfriend and his primary caretaker at the time, called 911 to report his having fallen off a stool at home, injuring his head.

The boy had bruising all over his body and was severely malnourished when admitted into the hospital. He also suffered permanent ocular nerve injury, which means he cannot see out of his right eye.

Day-in-the-Life Video

The Day-in-the-Life video was able to demonstrate for the jury he requires a wheelchair and assistance to be mobile. He can speak, but very poorly. He has permanent cognitive disabilities, permanently incontinent and needs 24-7 care for the rest of his life.

He experiences human emotions such as love, anger and frustration, and is fully aware of his injuries.

He wants to play, he wants to be a child, but he cannot because he lacks the ability to speak, to think, and to walk like a regular boy, but he still has the desire to do so.

Noah has spastic quadriplegia, which can cause violent spasms in his body; one spasm even dislocated his right femur.  Noah’s injuries are some of the the worst ever seen in a personal injury lawsuit. We hope the jury’s decision will help make real changes in the way CFS handles similar cases.

We shoot for admissibility! A day in the life video for personal injury cases at trial documents in part the plaintiff’s daily activities from the moment they rise to the moment they go to bed. Whether the plaintiff is managing life on their own, has a caretaker, or is living in a care facility, a day in the life video can effectively communicate what the client’s life is like living as they struggle with completely ordinary daily tasks with a permanent personal injury.

Abuse not investigated

Steve and Matt’s client has been diagnosed with spastic quadriplegia, a condition that causes the muscles to be in a constant state of tension, causing chronic pain.

The boy’s abuse could have been prevented, had County employees initiated a proper investigation into the allegations of abuse. Social workers “received multiple claims” that the father’s girlfriend was “severely abusing the little boy.”

Jury findings

The jury found that Perry failed to make reasonable efforts to perform her duties as required by the state Child Welfare Services Manual of Policies and Procedures.

Noah and his mother were awarded $100 million for past and future pain and suffering, $9.9 million for future medical expenses, $2.9 million for loss of future earnings, and $602,625.66 for past medical expenses, according to the jury’s verdict form.

Jurors found the Department of Children and Family Services 85% responsible for the harm done to Noah, Thompson 5% responsible, and Reed 10%, according to the verdict form.

For more information about day-in-the-life videos and how to get them admitted, see the links below:

 Day in the Life Video Admissibility

 Foundation, Accuracy & Fairness

 Probative vs. prejudicial