#7. Mateo Ancira v. St. Francis Medical Center, et al

Case No.: 19STCV23682

Matter on calendar for: petition for minor’s compromise with special needs trust

Tentative ruling:

Background

This is a medical malpractice action. Plaintiff, by and through his guardian ad litem, alleges that he was born September 18, 2017 and at birth he had a sacral dimple which went untreated for approximately one year. The sacral dimple caused a dermal sinus tract infection in claimant's spinal cord. The named defendants failed to properly treat and refer Plaintiff for definitive neurosurgical treatment, which resulted in severe injuries.

Petitioner Yolanda Frias now petitions for Court approval of Plaintiff’s settlement. The petition is unopposed.

For the reasons set forth below, the Court continues the petition.

Standard

Court approval is required to establish an enforceable settlement of a minor’s claim. (Prob. Code, §§ 2504, 3500, 3600, et seq.; C.C.P., § 372.) Indeed, until a petition for suc