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Valley Children's Will Buy Home That Was Part of Lawsuit
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By David Taub, Senior Reporter
Published 6 months ago on
October 31, 2023

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A couple who sued neighbor Valley Children’s Hospital in Madera County over a giant mound of dirt has settled their lawsuit.

Martina Hamilton and Noam Shimler live next to the hospital, a few miles north of the Fresno County line. A construction project left a giant mound of dirt next to their home. In court filings, they said the dirt blew into their home, ruining their quality of life.

The trial was set to start last week but it was canceled after a settlement. The plaintiffs declined to disclose the terms.

However, a VCH spokesperson did reveal what happened.

“Valley Children’s was confident of how the lawsuit would turn out, but at the same time recognized that prevailing in the lawsuit would not solve the problem of an unhappy neighbor. Valley Children’s has agreed to purchase the plaintiffs’ home for its appraised value, plus a percentage. As part of the settlement, the plaintiffs can live in the home rent-free for six months while they find a new home. Valley Children’s will incorporate the land into its plans for future campus growth,” the hospital said.

While a settlement is in place, it still needs to be approved by the court.

A dirt mound is next to the home of Martina Hamilton and Noam Shimler. Valley Children’s Hospital can be seen in the background. (GV Wire/Jahz Tello)

Valley Hospitals Fighting COVID Lawsuit

A lawsuit filed by several families of patients who died in local hospitals from COVID remains in the Fresno County court system. Three hospitals that were sued are fighting back.

Represented by Santa Ana attorney Daniel Watkins, the families of 10 plaintiffs filed lawsuits against three area hospitals on Sept. 7, 2022. They allege wrongful death in relation to the hospitals’ medical treatment of their loved ones for COVID-19. Mainly, they allege that their family members were forced to take Remdesivir against their wishes, and that resulted in death.

The lawsuit alleges that the hospitals ordered the Remdesivi treatments for a financial motive — the government would reimburse hospitals more for Remdesivir.

Judge Kristi Culver Kapetan will hear the Community Medical Regional Center demurrer — a legal filing that essentially says there is no actionable case —on Feb. 7, 2024.

Judge Jon Skiles will hear the Clovis Community Medical Center demurrer on Feb. 21, 2024.

The case against Saint Agnes Medical Center will be next heard by Judge Robert Mangano during a March 26, 2024, case management conference.

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David Taub,
Senior Reporter
Curiosity drives David Taub. The award-winning journalist might be shy, but feels mighty with a recorder in his hand. He doesn't see it his job to "hold public officials accountable," but does see it to provide readers (and voters) the information needed to make intelligent choices. Taub has been honored with several writing awards from the California News Publishers Association. He's just happy to have his stories read. Joining GV Wire in 2016, Taub covers politics, government and elections, mainly in the Fresno/Clovis area. He also writes columns about local eateries (Appetite for Fresno), pro wrestling (Off the Bottom Rope), and media (Media Man). Prior to joining the online news source, Taub worked as a radio producer for KMJ and PowerTalk 96.7 in Fresno. He also worked as an assignment editor for KCOY-TV in Santa Maria, California, and KSEE-TV in Fresno. He has also worked behind the scenes for several sports broadcasts, including the NCAA basketball tournament, and the Super Bowl. When not spending time with his family, Taub loves to officially score Fresno Grizzlies games. Growing up in the San Francisco Bay Area, Taub is a die-hard Giants and 49ers fan. He graduated from the University of Michigan with dual degrees in communications and political science. Go Blue! You can contact David at 559-492-4037 or at Send an Email

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