As trial nears on a lawsuit brought on behalf of a 3-year-old boy who allegedly suffered a brain injury during care for leukemia at Children’s Hospital Los Angeles, a judge has ruled hospital attorneys can review the child’s daycare center records and depose one of its representatives.
Attorneys for the boy maintained the subpoena was overbroad and invaded the child’s privacy. But on Friday, Judge Jerrold Abeles denied a plaintiff’ motion to quash the subpoena.
“The court disagrees that the subpoena is overbroad,” the judge wrote. “It seeks specific categories of information that concern plaintiff’s enrollment and participation in preschool. It is reasonably tailored to lead to the discovery of relevant information.”
Addressing the privacy issue, Abeles wrote that by seeking to recover damages, the plaintiff’s attorneys have put the boy’s current health and functioning at issue and someone from the daycare center likely has relevant information in that regard.
The negligence suit filed last Sept. 24 states that the plaintiff was admitted to CHLA in May 2025 for treatment of newly diagnosed acute lymphocytic leukemia. During his care the next day, he developed acute airway obstruction and went into cardiac arrest.
The suit contends that not all care, treatment and procedures rendered to and performed upon the plaintiff was with the express and implied consent of plaintiff.
A code blue — a hospital term for a critical medical emergency, typically a patient experiencing cardiac or respiratory arrest requiring immediate resuscitation by a specialized team — was called and the boy was given chest compressions and other treatment, but due to the administration of allegedly negligent sedation and anesthesia care he suffered a permanent severe brain injury, including cerebral palsy, the suit further states.
Trial of the lawsuit is scheduled Aug. 31, an early date granted by Judge Jerrold Abeles over CHLA’s objection due to the boy’s age. CHLA maintained the early trial date violated their due process and interferes with their ability to file a standard dismissal motion just before trial.
The boy’s lawyers include former emergency medicine physician Bruce G. Fagel. The attorneys sought to block CHLA’s access to the plaintiff’s records at the daycare center, ABC Academy, as well as the deposition of an Academy representative who the defense expects would be knowledgeable about the boy’s experiences there. The judge denied both requests.
In their court papers, CHLA attorneys deny the lawsuit allegations and state that “all care, treatment and procedures rendered to and performed upon the plaintiff was with the express and implied consent of plaintiff.”