Valley Children's Will Buy Home That Was Part of Lawsuit

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Published 2 years 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.