Mother Charged with Killing Disabled Daughter Had Received Medical Malpractice Settlement Related to Girl's Birth

The San Leandro mother in the death of her 8-year-old daughter had received a large settlement in a medical malpractice lawsuit alleging negligent care by Kaiser Permanente and Alta Bates Medical Center, where the girl was born.

The girl, Lylah Johnson, who , was severely mentally and physically disabled.

According to court records, Christel Johnson-Braye, filed a complaint on Lylah's behalf on Jan. 28, 2003 alleging medical malpractice and emotional distress against Alta Bates Medical Center and Kaiser Permanente, whose employees delivered the baby at the Alta Bates Medical Center in Berkeley.

In the complaint, the Johnsons alleged that hospital staff provided medical services “in a careless and negligent manner” at the girl’s birth on June 10, 2002. Specifically, the Johnsons alleged that the failure of medical personnel “to timely perform a c-section in the face of fetal distress resulted in the severe and permanent brain damage sustained by (Lylah).”

Christel Johnson-Braye further alleged that she “sustained great emotional disturbance and shock and injury to her nervous system” as a result of the alleged negligent conduct by hospital staff. The complaint was filed on behalf of the plaintiffs by Erik L. Peterson, an attorney with Bostwick & Associates.

Both Alta Bates and Kaiser settled the case out of court. Kaiser settled with the Johnsons for $2 million, minus attorney fees, in February of 2004. Lylah Johnson was awarded $1.8 million of the total, while Christel Johnson-Braye was awarded $225,000 for her claim of negligent infliction of emotional distress.

A Special Needs Trust was set up for the child to manage the settlement money. Documents from the case stipulate that annuity payments are to be made up until April 1, 2019, and are legally due to Christel Johnson-Braye in the event of Lylah’s death.

Alta Bates, which at the time provided labor and delivery services for Kaiser, settled with the Johnsons for $1.25 million in September of 2004 minus attorney fees.

As part of the settlements, $600,000 was set aside to purchase a home for the Johnsons.

On March 11, a caregiver discovered Christel Johnson-Braye and her daughter inside a van in the family's garage in San Leandro. The car engine was running at the time and a hose was hooked from the tailpipe into the vehicle.

Lylah Johnson died. The mother survived, and has been charged with murder. She is currently being held in an outpatient facility of Santa Rita Jail. Johnson is scheduled to appear at the Hayward Hall of Justice for an arraignment today.

On Thursday, several friends of Johnson showed up at the courthouse for what had been her scheduled arraignment. They said they hadn't noticed any recent change in Christel Johnson-Braye's emotional state that might have forewarned of last week's incident.

All three agreed that Johnson-Braye was "overwhelmed" with the care of Lylah, who they said required constant care and was very fragile. "It was eight and a half years of exhaustion," one said.