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Jose’s mother returned to his doctors with the letter and reiterated her concerns. Their response was to order another, longer MRI scan. Jose’s mother asked her son’s providers to test him for gadolinium, but she was told that they did not have the test available. She asked them to send the test to the Mayo Clinic and they still refused, telling her that they didn’t think her son had an adverse reaction to gadolinium. Fighting for the welfare of her child, Jose’s mother did not give consent for the MRI. Jose’s providers then contacted the Department of Children and Family Services who insisted that Jose needed the MRI and he would receive it with or without her consent. Following the MRI, Jose’s mother was horrified to see that his teeth, hands, legs, and fingers were burned and learned that he had coded during the MRI. Shortly afterwards, Jose passed away. He was five years old.
Jose’s parents contacted many lawyers. None would take their case but urged them to continue to pursue legal action. They could not understand how their child could die with no accountability. They soon learned of the cap on medical negligence cases and how this almost 50-year-old law discriminates against children and people of color.
Their daughters miss their little brother and can’t understand why he never came back home. They feel their son’s death could have been prevented and don’t wish for any other parent to endure what they have. Their hope is to educate other families and save someone else’s life.
Californians will have the chance to vote on the Fairness for Injured Patients Act on the November 2022 ballot. The Fairness Act would update California’s medical malpractice damage cap for nearly 50 years of inflation, and allow judges and juries to decide fair compensation in cases involving catastrophic injury or death. Learn more about this campaign for patient safety.
Click the map to view stories by Senate District
A state law that hasn’t changed since 1975 caps compensation for families harmed by medical negligence. The limits apply to lost quality of life, even if a patient loses a leg, a child, or is disabled for life. Click on the picture of the map to find patients by the State Senate Districts they live in.
Paid for by Consumer Watchdog Campaign for the Fairness for Injured Patients Act
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