Stipulation for Settlement and Dismissal Without Prejudice

    1 || DANIEL E. LUNGREN, Attorney General Fo gore pe 

of the State of California EY {) EV 

2 || CHARLTON G. HOLLAND, III in all oh G0 
Assistant Attorney General BUT 7 ann 

3 SA ab m L =~ 6 Voy] 

upervising Deputy Attorney General HCHARD Ww ul 

4 HARLAN E VAN WYE nh is pe RE ING 

Deputy Attorney General WRIRLRN DISTRICT orfpac oT 
5 45 olden Cats Avenue, Sukie 6200 VALEUR 

an Francisco, CA 94102-3 RIOR: 

6 || Telephone: (510) 464-1173 I AIGINAL 
LE pb 

7 || Attorneys for Defendant OCT 17 1991 
8 || JOEL R. REYNOLDS 

J ACQUELINE WARREN aCHARD 1] WiSiGing 

9 | NATURAL RESOURCES DEFENSE COUNCIL NORTHERS) brs DISTRICT COURT 
617 South Olive Street, Suite 1210 =eiel OF Satisgrag 

10 || Los Angeles, California 90014 
Telephone: (213) 892-1500 

11 
Attorneys for Plaintiffs 

        
12 || Erika Matthews, et al. 

13 || (Continued on next page) 

14 

15 UNITED STATES DISTRICT COURT 

16 NORTHERN DISTRICT OF CALIFORNIA 

17 | ERIKA MATTHEWS AND JALISA ) No. C 90 3620 EFL 
MATTHEWS, by their guardian ad litem Lisa ) 

18 || Matthews, and PEOPLE UNITED FOR A ) STIPULATION FOR 
BETTER OAKLAND, | ) SETTLEMENT AND DISMISSAL 

19 ) WITHOUT PREJUDICE 
Plaintiffs, ) 

20 ) 
v. ) 

21 ) 
MOLLY COYE, M.D., Director, California ) 

22 || Department of Health Services, ) 
) 

23 Defendant. ) 
) 

24 

25 1 14 

26 1/74 

27 1/1/ 

STIPULATION FOR SETTLEMENT AND 1 
DISMISSAL WITHOUT PREJUDICE 

 



  

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JANE PERKINS 
MICHELLE MELDEN 
NATIONAL HEALTH LAW PROGRAM 
2639 South La Cienega Boulevard 
Los Angeles, California 90034 
Telephone: (213) 204-6010 

BILL LANN LEE 
KEVIN S. REED 
NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC. 
315 West Ninth Street 
Suite 208 
Los Angeles, California 90015 
Telephone: (213) 624-2405 

MARK ROSENBAUM 
ACLU FOUNDATION OF SOUTHERN CALIFORNIA 
633 South Shatto Place 
Los Angeles, California 90005 
Telephone: (213) 487-1720 

KIM CARD 
LEGAL AID SOCIETY OF ALAMEDA COUNTY 
1440 Broadway 
Suite 700 
Oakland, California 94612 
Telephone: (510) 451-9261 

EDWARD M. CHEN 
ACLU FOUNDATION OF NORTHERN CALIFORNIA 
1663 Mission Street 
Suite 460 
San Francisco, California 94103 
Telephone: (415) 621-2493 

Attorneys for Plaintiffs 
Erika Matthews, et al. 

JO 

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STIPULATION FOR SETTLEMENT AND 9 
DISMISSAL WITHOUT PREJUDICE s 

  

 



  

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* ae 
IT IS HEREBY STIPULATED by and on behalf of ERIKA 

MATTHEWS AND JALISA MATTHEWS, by their guardian ad litem Lisa Matthews, 

and PEOPLE UNITED FOR A BETTER OAKLAND, Plaintiffs herein, by and 

through their undersigned counsel of record, and MOLLY COYE, M.D, Director, 

California Department of Health Services, Defendant herein by and through her 

counsel of record, that: 

1 The parties agree that childhood lead poisoning is one of the most 

serious health problems facing the people of the State of California today. The parties 

agree that development of a cohesive program to address the problem of childhood 

lead poisoning is essential. 

2. The parties agree that the public resources available for addressing 

the childhood lead poisoning problem are better spent on a cohesive program than on 

piecemeal litigation. 

3. The parties agree that United States Centers for Disease Control is 

an appropriate body to look to for guidance in the development of a childhood lead 

poisoning prevention program, and that the Center’s October 1991 statement entitled 

Preventing Lead Poisoning In Young Children with respect to the proper protocol for 

pediatric lead testing at present best reflects current medical knowledge regarding 

pediatric lead screening, testing and treatment. 

4. The Department of Health Services believes it should have a 

childhood lead poisoning prevention program which reflects current scientific and 

medical technology. The Department of Health Services, therefore, agrees to publish a 

Child Health and Disability Prevention program provider information notice which is 

substantially the same protocol as and contains, at a minimum, the language included in 

the Provider Information Notice titled "Blood Lead Test as a Part of Health 

Assessment for Medi-Cal Children Ages 6 Months to 72 Months," attached hereto as 

Exhibit A and incorporated herein by reference. The effective date of the protocol will 

STIPULATION FOR SETTLEMENT AND 3 
DISMISSAL. WITHOUT. PREJUDICE . 

  

 



  

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be not more than thirty (30) days from the date of the date of dismissal in paragraph 6 

5 The Department will monitor the completeness and results of 

childhood lead screening by expanding the laboratory based reporting system to include 

all blood lead tests (not just elevated blood lead tests) for children (as defined as 

persons under the age of 15). The Department will analyze the results of testing and 

issue periodic reports of findings. The Department will consult with Plaintiffs’ counsel 

concerning the design and format of such reports. 

6. Plaintiffs agree to dismiss the above-captioned lawsuit without 

prejudice immediately upon Defendant’s mailing of the Child Health and Disability 

Prevention Program provider information notice referenced in paragraph 4, above, to 

affected Medi-Cal providers. 

7. Defendant will undertake a provider and client education effort 

which, at a minimum, will include: 

a. Disseminating a map showing the location of lead 
smelters, battery recycling plants, and other major lead emitting industrial 
sites. 

b. Disseminating a list of jobs which may result in family 
members adding to children’s risk of lead poisoning. 

C. Working with Centers for Disease Control and 
American Academy of Pediatrics to disseminate information regarding 
childhood lead poisoning, including a synopsis of the final Centers for 
Disease Control Guidelines to Child Health and Disability Prevention 
Program providers. 

d. Development of recipient educational materials. As 
part of its efforts the Department will prepare a client educational 
brochure regarding lead poisoning for distribution to providers’ clients. 

e. Disseminating information and educational materials 
to groups who are at particular risk for lead poisoning, including the 
developmentally delayed. 

8. Defendant agrees to pay Plaintiffs $62,500 for attorney fees subject 

to required administrative and legislative approvals. Defendant agrees to seek and 

STIPULATION FOR SETTLEMENT AND 4 
DISMISSAL. WITHOUT PREJUDICE ! 

  

 



support the required approvals. If payment is not made by February 29, 1992, the pd
 

Defendant will pay interest at the rate received on investments in the Pooled Money 

Investment Fund from the date of this agreement to the date the money is paid. 

Should payment not be made by October 31, 1992, Plaintiffs may bring an action for 

fees and costs. In connection therewith, the prevailing party shall be entitled to their 

fees and costs for bringing the enforcement action. 

9. Nothing in this agreement prevents either party from taking 

appropriate action in response to scientific, medical and technological advances in the 

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area of childhood lead poisoning. 

IT IS SO STIPULATED: 

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JOEL R. REYNOLDS 
JACQUELINE WARREN 
NATURAL RESOURCES DEFENSE 
COUNCIL 

JANE PERKINS 
MICHELLE MELDEN 
NATIONAL HEALTH LAW PROGRAM 

BILL LANN LEE 
KEVIN S. REED 
NAACP LEGAL DEFENSE AND 
EDUCATIONAL FUND, INC. 

MARK ROSENBAUM 
ACLU FOUNDATION OF SOUTHERN 
CALIFORNIA 

KIM CARD 
LEGAL AID SOCIETY OF ALAMEDA 
COUNTY 

EDWARD M. CHEN 
ACLU FOUNDATION OF NORTHERN 
CALIFORNIA 

Dated: October 16, 1991 
br 7nd 

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Att ft SE Plaintiffs Erika Matthews, et al. 

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   STIPULATION FOR SETTLEMENT AND 

DISMISSAL WITHOUT PREJUDICE      



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Dated: October 16, 1991 

  

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DANIEL E. LUNGREN, Attorney General 
State of California 

  

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STIPULATION FOR SETTLEMENT AND 6 
DISMISSAL WITHOUT. PREJUDICE :       
 



  

® ® DRAFT 

PROVIDER INFORMATION NOTICE 
Blood Lead Test As A Part of Health Assessment 

for Medi-Cal Children Ages 6 Months to 72 Months 

In March of 1991, you received a letter from the Director of the 

Department of Health Services which, in part, stated: "Lead poisoning is the most 

significant environmental health problem facing California children today, and 

insufficient consideration is being given this potential problem during routine child 

health evaluations." The Department is acting on this concern by expanding the blood 

lead testing/screening component of the health assessment provided to Early and 

Periodic Screening, Diagnosis and Treatment Program ("EPSDT") eligible children. 

Effective , all EPSDT eligible children between 6 and 72 
  

months are to receive an evaluation for possible lead poisoning as part of each health 

assessment. The evaluation shall include, at a minimum: 

i. A blood lead test (Code #15) is to be administered to all 
Early and Periodic Screening, Diagnosis, and Treatment Program eligible 
children at approximately one year of age, unless there is reason that the 
test is medically contraindicated or the test is refused by the parents. 

2 Any child over one year of age, but less than 73 months, 
who has not been tested for lead poisoning is to also receive a blood lead 
test (Code #15) during the child’s next subsequent periodic health 
assessment unless there is reason that the test is medically contraindicated 
or the test is refused by the parents. 

8. A series of five (5) questions, intended to identify children 
at high risk for lead poisoning, is to be directed to each child’s 
parent/guardian. The questions (see attached list) are to be asked at 
each periodic health assessment, beginning with the 6 month visit. 

A child is considered low risk only if all five questions are 

answered "No." If any child is determined to be high risk from initial or 

EXHIBIT A 

 



® | _ DRAFT 

  

subsequent questioning, a blood lead test (Code #15) is to be 
administered immediately unless there is reason that the test is medically 
contraindicated or the test is refused by the parents. 

4. At each subsequent periodic health assessment, if a child is 
determined to be high risk under paragraphs 1, 2, or 3 above, a blood 
test (Code #15) is to be performed, unless there is reason that the test is 
medically contraindicated or the test is refused by the parents. 

5 A child is to be referred for appropriate diagnosis and/or 
treatment when the results of the blood level test exceed 15 pg/dL. A 
child whose blood lead test results are greater than 10 pg/dL and less 
than 15 mg/dL is to be retested at intervals consistent with the October 
1991 Centers for Disease Control statement entitled Preventing Lead 
Poisoning In Young Children. 

The reimbursement rates for the health assessment and the blood lead 

test are unchanged. 

These changes in the testing/screening protocol are being made because 

of recent medical and scientific advances. The content of this provider information 

letter is intended to be consistent with these changes. The Centers for Disease Control 

statement recommends a second universal test at about two years of age if resources 

allow. The Department will keep you informed of further developments. 

Please feel free to call your local CHDP program director if you have any 

questions. 

  

[SIGNATURE] 
California Department of Health Services 

EXHIBIT A 

 



  

culo LEAD POISONING evari®hn QUESTIONNAIRE 

The following questions are to be answered by the parents/guardians of EPSDT eligible 
children under 72 months of age at each periodic health assessment. 

1. Does your child live in or regularly visit a house or other location with peeling 
or chipping paint built before 1960? [This can include a day care center, 
preschool, school, barn, home of babysitter, relative, friend, etc.] 

Yes No 

Does your child live in or regularly visit a house built before 1960 with recent or 
ongoing renovation or remodeling? 

Yes No 

Does you child have a parent, brother, sister, housemate or playmate who is 
being treated or followed for lead poisoning [i.e., blood lead > 10 ug/dl]? 

Yes No 

Does your child live with someone whose job or hobby involves exposure to lead 
[i.e., painting, soldering, automobile battery manufacturing or recycling, vehicle 
radiator repair]? 

Yes No 

Does your child live near an active lead smelter or battery recycling plant or 
other industry likely to release lead? 

Yes No 
rr ———— er ——— 

[a-\ matthews \matthews.qtn] 

 



DECLARATION OF SERVICE BY MAIL 
  

Case Name: Erika Matthews, et al. v. Molly Coye 
Court No.: U.S.D.C., Northern District No. C-90-3620 EFL 

I declare that: 

I am employed in the County of Alameda, California. I am over the age of 18 years 
and not a party to the within entitled cause; my business address is 2101 Webster Street, 
12th Floor, Oakland, California 94612-3049. 

On October 16, 1991, 1 served the attached 

STIPULATION FOR SETTLEMENT AND DISMISSAL WITHOUT PREJUDICE 

  

in said cause by placing a true copy thereof enclosed in a sealed envelope with postage 
thereon fully prepaid, in the United States Mail at Oakland, California, addressed as 
follows: 

Joel R. Reynolds Mark Rosenbaum 
Jacqueline Warren ACLU Foundation of Southern California 
Natural Resources Defense Council 633 South Shatto Place 

617 South Olive Street, Suite 1210 Los Angeles, CA 90005 

Los Angeles, CA 90014 
Kim Card 

Jane Perkins Legal Aid Pociery of Alameda County 
Michelle Melden 1440 Broadway, Suite 700 
National Health Law Program Oakland, CA 94612 
2639 South La Cienega Boulevard 
Los Angeles, CA 90034 Edward M. Chen 

ACLU Foundation of Northern California 
Bill Lann Lee 1663 Mission Street 
Kevin S. Reed Suite 460 
NAACP Legal Defense and San Francisco, CA 94103 
Educational Fund, Inc. 
315 West Ninth Street, Suite 208 
Los Angeles, CA 90015 

I declare under penalty of perjury that the foregoing is true and correct, and that this 
declaration was executed at Oakland, California, on October 16, 1991. 

(Date) 
  

LARRY E. JEFFERSON 
(Typed Name) C(Sigpdtyro]