Case: American Nurses Assoc. v. Torlakson

07-04631 | California state trial court

Filed Date: 2007

Closed Date: Aug. 12, 2013

Clearinghouse coding complete

Case Summary

This case began with the 2007 Legal Advisory that settled the case K.C. v. O'Connell (ED-CA-0010). That case began in 2005, with parents of four students and the American Diabetes Association suing the California Board of Education in federal court for failing to meet their obligations to diabetic students. A central problem was that students who were unable to self-administer insulin and who were in schools without a full-time school nurse on duty had to wait for parents to come to school to a…

This case began with the 2007 Legal Advisory that settled the case K.C. v. O'Connell (ED-CA-0010). That case began in 2005, with parents of four students and the American Diabetes Association suing the California Board of Education in federal court for failing to meet their obligations to diabetic students. A central problem was that students who were unable to self-administer insulin and who were in schools without a full-time school nurse on duty had to wait for parents to come to school to administer insulin, stay home from school, or receive insulin more infrequently than their doctors preferred. The 2007 Legal Advisory attempted to resolve this problem by specifying categories of people who were qualified to administer insulin, including the category ("category 8") at dispute in this suit: "a voluntary school employee who is unlicensed but who has been adequately trained to administer insulin pursuant to the student's treating physician's orders as required by the Section 504 plan or the IEP."

In this case, in 2007 the American Nurses' Association challenged the Legal Advisory in state court, seeking a mandate declaring it invalid regarding category 8 on the basis that state law does not authorize unlicensed school personnel to administer insulin. The Sacramento County Superior Court and the Court of Appeal found for the ANA, declaring the 2007 Legal Advisory illegal, and the case was appealed to the Supreme Court of California.

On August 12, 2013, the Supreme Court disagreed, ruling that California law does in fact allow trained (though unlicensed) personnel to administer prescription medications, including insulin, in accordance with written statements of individual students' treating physicians. 57 Cal.App.4th 570.

The documents in the Clearinghouse reflect the documents available on the internet at this time.

Summary Authors

Claire Lally (11/25/2014)

Related Cases

K.C. v. O'Connell, Northern District of California (2005)

People


Judge(s)

Brown, David I (California)

Chang, Shelleyanne W. L. (California)

Krueger, Christopher E. (California)

Werdegar, Kathryn M. (California)

Attorneys(s) for Plaintiff

Allen, Pamela S (California)

Bonnington, Carrie (California)

Poulos, John S (California)

Attorneys(s) for Defendant

Johansen, Robin B. (California)

Rose, Charles P. (District of Columbia)

Other Attorney(s)

Active

Judge(s)

Brown, David I (California)

Chang, Shelleyanne W. L. (California)

Krueger, Christopher E. (California)

Werdegar, Kathryn M. (California)

Attorneys(s) for Plaintiff

Allen, Pamela S (California)

Bonnington, Carrie (California)

Poulos, John S (California)

Attorneys(s) for Defendant

Johansen, Robin B. (California)

Rose, Charles P. (District of Columbia)

Other Attorney(s)

Anderson, April J. (District of Columbia)

Bagenstos, Samuel R. (District of Columbia)

Forest, Adam M (California)

Friel, Gregory (District of Columbia)

Perez, Thomas E. (District of Columbia)

Wood, James M. (California)

Documents in the Clearinghouse

Document

07-04631

Docket

American Nurses Association v. O'Connell

June 30, 2017

June 30, 2017

Docket

K.C. Settlement Agreement & Exhibit A (Legal Advisory)

K.C. v. O'Connell

No Court

April 15, 2011

April 15, 2011

Settlement Agreement

S184583

Brief for the United States as Amicus Curiae Supporting Intervernor-Appellant and Urging Reversal

American Nurses Association vs. Torlakson

California state supreme court

May 11, 2011

May 11, 2011

Pleading / Motion / Brief

07-04631

Opinion

American Nurses Association vs. Torlakson

California state supreme court

57 Cal.App.4th 570

Aug. 12, 2013

Aug. 12, 2013

Order/Opinion

Resources

Docket

Last updated July 27, 2022, 3:01 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: California

Case Type(s):

Education

Key Dates

Filing Date: 2007

Closing Date: Aug. 12, 2013

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

American Nurse's Association

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

California , State

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

State law

Availably Documents:

Non-settlement Outcome

None of the above

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Staff (number, training, qualifications, wages)

Type of Facility:

Government-run