A judge has denied an application by the father of a 9-year-old boy who died in foster care to settle part of a lawsuit brought against the man, finding that it was disproportionate to his alleged responsibility.
The boy’s mother, Maria Gamez, brought the long-running lawsuit in December 2020, alleging wrongful death and negligence and seeking more than $50 million in damages for herself and her two other minor children, identified only as K.G. and A.G.
On Tuesday, Norwalk Superior Court Judge Ann Park denied the settlement application filed by Gerardo Gamez, which was objected to by the county and the social workers sued. The boy, James Gamez, had a history of chronic asthma, according to the suit. After his mother accused his father of infidelity, differences arose between the couple that escalated into Maria Gamez becoming a victim of spousal abuse, the suit alleges.
The lawsuit alleges that James was present at a party at a Downey home on Nov. 16, 2019, where Gerardo Gamez and the foster parents disregarded his asthma and smoked around him.
“In sum, the court finds that county defendants establish that there is insufficient information to determine that this settlement was made in good faith,” the judge wrote. “There is conflicting evidence regarding Gerardo Gamez’s proportional liability and no evidence of Gerardo Gamez’s financial condition or the allocation of settlement proceeds.”
The judge’s ruling was “without prejudice,” meaning Gerardo Gamez can bring a revised application.
The suit alleges the county Department of Children and Family Services unjustly took custody of James and his siblings from Maria Gamez and gave them to their father’s brother and his wife, who became their foster parents. Maria Gamez alleges the DCFS did not perform an adequate home inspection and criminal background check on the foster parents before placing the children with them.
While at the party, the boy told his then-15-year-old sister, K.G., that he did not feel well and started shaking and coughing, so the girl helped him with his inhaler medication, according to the suit.
James died Dec. 20, 2019, at Children’s Hospital of Orange County, according to the suit.
“When James died … each of the claimants became a complete wreck,” the suit states.
When the administration at the school James attended told Maria Gamez that there “appeared to be issues with (the boy’s) health and medication usage,” she contacted the county, which “disregarded the information and merely advised the mother to contact the foster parents,” the suit alleges.
Social workers should have protected her young son from his father and his foster parents’ alleged abuse and neglect, including their failure to address the child’s ongoing medical needs, the suit alleges.
The DCFS previously issued a statement regarding the lawsuit.
“At any given time, the Los Angeles County Department of Children and Family Services serves more than 36,000 children in Los Angeles County with an unwavering commitment to pursue child safety every day in our communities,” the statement said. “Our employees take that role very seriously and work hard to safeguard the children in our care.”
All DCFS employees are held “to the highest standards to ensure that the public trust in our service is honored and maintained,” according to the statement.