Preview
Electronically FILED by Superior Court of California, County of Los Angeles on 08/23/2022 11:30 AM Sherri R. Carter, Executive Officer/Clerk of Court, by E. Salcido,Deputy Clerk
22LBCV00434
Assigned for all purposes to: Governor George Deukmejian Courthouse, Judicial Officer: Mark Kim
Michael Greenslade (SBN 310874)
1
michael@greensladecronk.com
2 Anna H. Cronk (SBN 272970)
anna@greensladecronk.com
3 Seri Kattan-Wright (SBN 305774)
seri@greensladecronk.com
4
Brianne Cassidy (SBN 329739)
5 brianne@greensladecronk.com
GREENSLADE CRONK, LLP
6 5455 Wilshire Boulevard, Suite 1400
Los Angeles, CA 90036
7
Tel: 323-747-7474
8 Fax: 213-289-1566
9
Attorneys for Plaintiff RANDOLPH BARRINGER
10
11
SUPERIOR COURT OF THE STATE OF CALIFORNIA
12
COUNTY OF LOS ANGELES
13
14 RANDOLPH BARRINGER, Case No.
15 Plaintiff, COMPLAINT FOR DAMAGES
16 vs. 1. PROFESSIONAL NEGLIGENCE
17 RAMIN JAVAHERY, M.D.; COAST
18 NEUROSURGICAL ASSOCIATES;
ABRAHAM RAYHAUN, M.D.; SHERI
19 PALEJWALA, M.D.; POUYA LAVIAN, M.D.;
LONG BEACH MEMORIAL MEDICAL
20 CENTER; ROBERT F. HAUGHTON, M.D.;
21 JASON KOH, D.O.; AUDREY KOHAR, D.O.;
PETER LEE, D.O.; SUJIN LEE, M.D.; CAN
22 PHAN, M.D.; JUAN POLANCO, M.D.;
PRANAMYA SURI, M.D.;; SEPEHR
23 TEHRANI, M.D.; JUDITH WONG, M.D.;
24 NICOLE YIN, M.D.; AND DOES 1 THROUGH
50, INCLUSIVE.
25
Defendants.
26
27 1. Plaintiff RANDOLPH BARRINGER brings this action against Defendants
28
1
COMPLAINT FOR DAMAGES
1 RAMIN JAVAHERY, M.D.; COAST NEUROSURGICAL ASSOCIATES; ABRAHAM
2 RAYHAUN, M.D.; SHERI PALEJWALA, M.D.; POUYA LAVIAN, M.D.; LONG BEACH
3 MEMORIAL MEDICAL CENTER; ROBERT F. HAUGHTON, M.D.; JASON KOH, D.O.;
4 AUDREY KOHAR, D.O.; PETER LEE, D.O.; SUJIN LEE, M.D.; CAN PHAN, M.D.; JUAN
5 POLANCO, M.D.; PRANAMYA SURI, M.D.;; SEPEHR TEHRANI, M.D.; JUDITH
6 WONG, M.D.; NICOLE YIN, M.D.; AND DOES 1 THROUGH 50, INCLUSIVE for the
7 negligent medical care and treatment defendants provided to Plaintiff RANDOPLH
8 BARRINGER, which resulted in his inability to ambulate and significant physical and
9 emotional trauma, none of which would otherwise not have occurred and not have been
10 necessary in absence of defendants’ negligence. In support of her claims, Plaintiff alleges as
11 follows:
12 PARTIES
13 2. Plaintiff RANDOLPH BARRINGER (“Plaintiff” or “BARRINGER”) is and at
14 all times herein mentioned was a resident of the City of Lancaster, County of Los Angeles,
15 State of California.
16 3. Plaintiff is informed and believes that Defendant RAMIN JAVAHERY, M.D.
17 at all relevant times herein was a physician and surgeon licensed by the Medical Board of
18 California under the laws of the State of California and was a board-certified neurosurgeon.
19 4. Plaintiff is informed and believes that Defendant COAST NEUROSURGICAL
20 ASSOCIATES is a business entity of unknown form that is located in the City of Long Beach,
21 County of Los Angeles. Defendant COAST NEUROSURICAL ASSOCIATES provides
22 comprehensive medical care for all aspects of neurosurgical disease. Plaintiff is informed
23 and believes that Defendant RAMIN JAVAHERY, M.D., is an owner, member, agent,
24 employee, contractor and or associate of Defendant COAST NEUROSURGICAL
25 ASSOCIATES.
26 5. Plaintiff is informed and believes that Defendant ABRAHAM RAYHAUN,
27 M.D. was at all at all relevant times herein a physician and surgeon licensed by the Medical
28
2
COMPLAINT FOR DAMAGES
1 Board of California under the laws of the State of California. Defendant ABRAHAM
2 RAYHAUN, M.D. is a board-certified neurosurgeon. Plaintiff is informed and believes that
3 Defendant ABRAHAM RAYHAUN, M.D., is an owner, member, agent, employee,
4 contractor and or associate of Defendant COAST NEUROSURGICAL ASSOCIATES.
5 6. Plaintiff is informed and believes that Defendant SHERI PALEJWALA, M.D.
6 was at all at all relevant times herein a physician and surgeon licensed by the Medical Board
7 of California under the laws of the State of California. Defendant SHERI PALEJWALA,
8 M.D. is a board-certified neurosurgeon. Plaintiff is informed and believes that Defendant
9 SHERI PALEJWALA, M.D., is an owner, member, agent, employee, contractor and or
10 associate of Defendant COAST NEUROSURGICAL ASSOCIATES.
11 7. Plaintiff is informed and believes that Defendant POUYA LAVIAN, M.D. was
12 at all at all relevant times herein a physician and surgeon licensed by the Medical Board of
13 California under the laws of the State of California. Defendant POUYA LAVIAN, M.D. is a
14 neurologist.
15 8. Plaintiff is informed and believes that Defendant LONG BEACH MEMORIAL
16 MEDICAL CENTER is a California corporation located in the State of California, County of
17 Los Angeles, for the purposes of engaging in the profession of medicine. Plaintiff is informed
18 and believes that Defendant LONG BEACH MEMORIAL MEDICAL CENTER’s principal
19 place of business is located at 2801 Atlantic Avenue, Long Beach, California 90806.
20 9. Plaintiff is informed and believes that Defendant ROBERT F. HAUGHTON,
21 M.D. was at all at all relevant times herein a physician and surgeon licensed by the Medical
22 Board of California under the laws of the State of California. Defendant ROBERT F.
23 HAUGHTON, M.D. is an anesthesiologist.
24 10. Plaintiff is informed and believes that Defendant JASON KOH, D.O. was at
25 all at all relevant times herein an osteopathic physician and surgeon licensed by the
26 Osteopathic Medical Board of California under the laws of the State of California. Defendant
27 JASON KOH, D.O. is a physiatrist.
28
3
COMPLAINT FOR DAMAGES
1 11. Plaintiff is informed and believes that Defendant AUDREY KOHAR, D.O.
2 was at all at all relevant times herein an osteopathic physician and surgeon licensed by the
3 Osteopathic Medical Board of California under the laws of the State of California. Defendant
4 AUDREY KOHAR, D.O. is a physiatrist.
5 12. Plaintiff is informed and believes that Defendant PETER LEE, D.O. at all
6 relevant times herein held a postgraduate training license under the laws of the State of
7 California, County of Los Angeles.
8 13. Plaintiff is informed and believes that Defendant SUJIN LEE, M.D. was at all
9 at all relevant times herein a physician and surgeon licensed by the Medical Board of
10 California under the laws of the State of California. Defendant SUJIN LEE, M.D. specializes
11 in internal medicine.
12 14. Plaintiff is informed and believes that Defendant CAN PHAN, M.D. was at all
13 at all relevant times herein a physician and surgeon licensed by the Medical Board of
14 California under the laws of the State of California. Defendant CAN PHAN, M.D. is an
15 anesthesiologist.
16 15. Plaintiff is informed and believes that Defendant JUAN POLANCO, M.D. was
17 at all at all relevant times herein a physician and surgeon licensed by the M edical Board of
18 California under the laws of the State of California. Defendant JUAN POLANCO, M.D.
19 specializes in internal medicine.
20 16. Plaintiff is informed and believes that Defendant PRANAMYA SURI, M.D.
21 was at all at all relevant times herein a physician and surgeon licensed by the Medical Board
22 of California under the laws of the State of California. Defendant, PRANAMYA SURI, M.D.
23 specializes in physical medicine and rehabilitation.
24 17. Plaintiff is informed and believes that Defendant SEPEHR TEHRANI, M.D.
25 was at all at all relevant times herein a physician and surgeon licensed by the Medical Board
26 of California under the laws of the State of California. Defendant, SEPEHR TEHRANI, M.D.
27 is an anesthesiologist.
28
4
COMPLAINT FOR DAMAGES
1 18. Plaintiff is informed and believes that Defendant JUDITH WONG, M.D. was
2 at all at all relevant times herein a physician and surgeon licensed by the Medical Board of
3 California under the laws of the State of California. Defendant JUDITH WONG, M.D. is a
4 neurosurgeon.
5 19. Plaintiff is informed and believes that Defendant NICOLE YIN, M.D. was at
6 all at all relevant times herein a physician and surgeon licensed by the Medical Board of
7 California under the laws of the State of California. Defendant NICOLE YIN, M.D. is an
8 anesthesiologist.
9 20. Plaintiff is ignorant of the true names and capacities of defendants sued as
10 DOES 1 through 50, inclusive, and therefore sue these defendants by such fictitious names.
11 Plaintiff will amend this Complaint to allege their true names and capacities when
12 ascertained. Plaintiff is informed and believes and based thereon alleges that each of the
13 defendants designated as a DOE are responsible in some manner for the wrongful conduct
14 referred to and thereby proximately caused injuries and damages to Plaintiff as herein
15 alleged.
16 21. Plaintiff is informed and believes, and based thereon alleges, that each of the
17 defendants sued herein were, at all times relevant to this action, the duly authorized agents,
18 principals, employers, employees, representing partners, or joint venturers of the remaining
19 defendants and were acting within the course and scope of that relationship. Plaintiff is
20 further informed and believes, and thereon alleges, that each of the defendants herein,
21 through their duly authorized agents, officers, employees and/or representatives acted
22 intentionally, willfully, knowingly and/or consented, ratified, and authorized the injurious
23 acts complained of herein which were perpetrated by said duly authorized agents, officers,
24 employees and/or representatives and that said agents, officers, employees and/or
25 representatives knew their actions to be wrong but continued to act despite this knowledge,
26 all to the detriment of Plaintiff.
27 ///
28
5
COMPLAINT FOR DAMAGES
1 FACTS
2 22. Plaintiff has fully and timely satisfied his statutory requirements pursuant to
3 Code of Civil Procedure Section 364 prior to filing this Complaint for Damages.
4 23. In or about 2010, Plaintiff suffered a viral infection in his thoracic spine area.
5 As a result of the infection, Plaintiff developed a condition called transverse myelitis, which
6 is an inflammation of the spinal cord that damages the protective myelin sheath around the
7 spinal cord. Loss of the myelin leads to permanent spinal cord scarring.
8 24. Despite his condition, Plaintiff experienced a partial recovery and his abilities
9 to ambulate independently, lift weights, and generally care for himself independently
10 remained intact. However, his gait was negatively affected.
11 25. Plaintiff consulted with Defendant POUYA LAVIAN, M.D. with respect to
12 his challenged gait, who recommended that Plaintiff consult with Defendant RAMIN
13 JAVAHERY, M.D. of COAST NEUROSURGICAL ASSOCIATES.
14 26. Defendant RAMIN JAVAHERY, M.D. of COAST NEUROSURGICAL
15 ASSOCIATES recommended and performed two spinal surgeries on Plaintiff, the first of
16 which was on August 22, 2020. Defendant RAMIN JAVAHERY, M.D. of COAST
17 NEUROSURGICAL ASSOCIATES told Plaintiff that the purpose of the spinal surgery was
18 to improve his gait.
19 27. Following the first surgery, Plaintiff experienced no improvement in his gait
20 and, in fact, suffered some worsening of his gait concerns, as well as weakness and
21 anatomical misalignment in his lower extremity. In the months following the first spinal
22 surgery, Plaintiff was still able to ambulate independently.
23 28. Thereafter, Defendant RAMIN JAVAHERY, M.D. of COAST
24 NEUROSURGICAL ASSOCIATES recommended that Plaintiff undergo a second, more
25 involved spinal surgery to correct the increasing deficiencies as well as improve his gait. On
26 the recommendation and based off the representations of Defendant RAMIN JAVAHERY,
27 M.D. of COAST NEUROSURGICAL ASSOCIATES, Plaintiff consented to undergoing the
28
6
COMPLAINT FOR DAMAGES
1 second spinal surgery.
2 29. Rather than help Plaintiff, the second spinal cord surgery further damaged
3 Plaintiff’s spinal cord. Shortly thereafter, Plaintiff largely lost his ability to walk. He is now
4 dependent on others to care for his daily needs, and Plaintiff has suffered and continues to
5 suffer significant damages, including the injuries described herein, pain, suffering, a loss of
6 income and earning capacity, and medical expenses.
7 30. Despite the representations of Defendant RAMIN JAVAHERY, M.D. of
8 COAST NEUROSURGICAL ASSOCIATES, there are no indicated surgical interventions
9 appropriate to treat patients suffering from transverse myelitis. Plaintiff was never tol d the
10 same prior to consenting to the surgery.
11 31. Defendants, and each of them, were involved in the care, treatment, surgical
12 interventions, preoperative care, postoperative care, diagnostics of Plaintiff related to his
13 transverse myelitis and gait concerns. Defendants, and each of them, failed to adequately
14 render medical treatment such that Plaintiff suffered the damages alleged herein.
15 FIRST CAUSE OF ACTION
16 FOR MEDICAL NEGLIGENCE
17 (Against all Defendants)
18 32. Plaintiff realleges and incorporates by reference the foregoing allegations as if
19 alleged in full herein.
20 33. On the dates specified herein, Plaintiff employed Defendants, and each of
21 them, to examine, treat and/or diagnose Plaintiff’s medical conditions. Pursuant to this
22 employment, Defendants rendered professional medical services in the diagnosis, treatment,
23 and care of Plaintiff.
24 34. Defendants, and each of them, had a duty to Plaintiff to use the level of skill,
25 knowledge, and care in examination, diagnosis, and treatment that other reasonably careful
26 medical professionals would use in the same or similar circumstances.
27 35. From and after the time of the employment, Defendants, and each of them, so
28
7
COMPLAINT FOR DAMAGES
1 negligently failed to exercise the proper degree of knowledge and skill in examining,
2 diagnosing, treating, and caring for Plaintiff and Plaintiff’s medical condition such that
3 Plaintiff was caused to suffer the injuries and damages herein alleged.
4 36. As a proximate result of the negligence of Defendants, and each of them,
5 Plaintiff suffered injuries, including but not limited to weakness, spinal cord injury, the loss
6 of the ability to care for himself independently and the loss of the ability to walk. The totality
7 of the foregoing resulted in Plaintiff’s past suffering, and he continues to suffer great physical
8 and emotional pain from the long-term complications due to the negligent medical treatment.
9 37. As a proximate result of the negligence of Defendants, and each of them,
10 Plaintiff has sustained injury to his health, strength, and activity, all of which injuries have
11 caused, and continue to cause, Plaintiff great mental, physical, and nervous pain and
12 suffering. As a result of such injuries, Plaintiff has sustained general damages.
13 38. As a further proximate result of the negligence of defendants, and each of
14 them, Plaintiff has incurred and will continue to incur medical, hospital, and related expenses,
15 all to his special damages.
16 39. As a further proximate result of the negligence of defendants, and each of
17 them, Plaintiff has incurred and will continue to incur the loss of his earning capacity, all to
18 his special damages.
19 ///
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27 ///
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8
COMPLAINT FOR DAMAGES
1 WHEREFORE, Plaintiff prays judgment as follows:
2 1. For general damages according to proof;
3 2. For medical and related expenses according to proof;
4 3. For loss of earnings according to proof;
5 4. For costs of suit herein incurred, and;
6 5. For such other and further relief as the court may deem proper.
7
8 DATE: August 12, 2022 Respectfully submitted,
GREENSLADE CRONK, LLP
9
10
11 By: ____________________________________
Anna H. Cronk
12 Michael Greenslade
Seri Kattan-Wright
13
Brianne Cassidy
14 Attorneys for Plaintiff, RANDOLPH
BARRINGER
15
16
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18
19
20
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24
25
26
27
28
9
COMPLAINT FOR DAMAGES
Preview
Electronically FILED by Superior Court of California, County of Los Angeles on 08/23/2022 11:30 AM Sherri R. Carter, Executive Officer/Clerk of Court, by E. Salcido,Deputy Clerk 22LBCV00434 Assigned for all purposes to: Governor George Deukmejian Courthouse, Judicial Officer: Mark Kim Michael Greenslade (SBN 310874) 1 michael@greensladecronk.com 2 Anna H. Cronk (SBN 272970) anna@greensladecronk.com 3 Seri Kattan-Wright (SBN 305774) seri@greensladecronk.com 4 Brianne Cassidy (SBN 329739) 5 brianne@greensladecronk.com GREENSLADE CRONK, LLP 6 5455 Wilshire Boulevard, Suite 1400 Los Angeles, CA 90036 7 Tel: 323-747-7474 8 Fax: 213-289-1566 9 Attorneys for Plaintiff RANDOLPH BARRINGER 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF LOS ANGELES 13 14 RANDOLPH BARRINGER, Case No. 15 Plaintiff, COMPLAINT FOR DAMAGES 16 vs. 1. PROFESSIONAL NEGLIGENCE 17 RAMIN JAVAHERY, M.D.; COAST 18 NEUROSURGICAL ASSOCIATES; ABRAHAM RAYHAUN, M.D.; SHERI 19 PALEJWALA, M.D.; POUYA LAVIAN, M.D.; LONG BEACH MEMORIAL MEDICAL 20 CENTER; ROBERT F. HAUGHTON, M.D.; 21 JASON KOH, D.O.; AUDREY KOHAR, D.O.; PETER LEE, D.O.; SUJIN LEE, M.D.; CAN 22 PHAN, M.D.; JUAN POLANCO, M.D.; PRANAMYA SURI, M.D.;; SEPEHR 23 TEHRANI, M.D.; JUDITH WONG, M.D.; 24 NICOLE YIN, M.D.; AND DOES 1 THROUGH 50, INCLUSIVE. 25 Defendants. 26 27 1. Plaintiff RANDOLPH BARRINGER brings this action against Defendants 28 1 COMPLAINT FOR DAMAGES 1 RAMIN JAVAHERY, M.D.; COAST NEUROSURGICAL ASSOCIATES; ABRAHAM 2 RAYHAUN, M.D.; SHERI PALEJWALA, M.D.; POUYA LAVIAN, M.D.; LONG BEACH 3 MEMORIAL MEDICAL CENTER; ROBERT F. HAUGHTON, M.D.; JASON KOH, D.O.; 4 AUDREY KOHAR, D.O.; PETER LEE, D.O.; SUJIN LEE, M.D.; CAN PHAN, M.D.; JUAN 5 POLANCO, M.D.; PRANAMYA SURI, M.D.;; SEPEHR TEHRANI, M.D.; JUDITH 6 WONG, M.D.; NICOLE YIN, M.D.; AND DOES 1 THROUGH 50, INCLUSIVE for the 7 negligent medical care and treatment defendants provided to Plaintiff RANDOPLH 8 BARRINGER, which resulted in his inability to ambulate and significant physical and 9 emotional trauma, none of which would otherwise not have occurred and not have been 10 necessary in absence of defendants’ negligence. In support of her claims, Plaintiff alleges as 11 follows: 12 PARTIES 13 2. Plaintiff RANDOLPH BARRINGER (“Plaintiff” or “BARRINGER”) is and at 14 all times herein mentioned was a resident of the City of Lancaster, County of Los Angeles, 15 State of California. 16 3. Plaintiff is informed and believes that Defendant RAMIN JAVAHERY, M.D. 17 at all relevant times herein was a physician and surgeon licensed by the Medical Board of 18 California under the laws of the State of California and was a board-certified neurosurgeon. 19 4. Plaintiff is informed and believes that Defendant COAST NEUROSURGICAL 20 ASSOCIATES is a business entity of unknown form that is located in the City of Long Beach, 21 County of Los Angeles. Defendant COAST NEUROSURICAL ASSOCIATES provides 22 comprehensive medical care for all aspects of neurosurgical disease. Plaintiff is informed 23 and believes that Defendant RAMIN JAVAHERY, M.D., is an owner, member, agent, 24 employee, contractor and or associate of Defendant COAST NEUROSURGICAL 25 ASSOCIATES. 26 5. Plaintiff is informed and believes that Defendant ABRAHAM RAYHAUN, 27 M.D. was at all at all relevant times herein a physician and surgeon licensed by the Medical 28 2 COMPLAINT FOR DAMAGES 1 Board of California under the laws of the State of California. Defendant ABRAHAM 2 RAYHAUN, M.D. is a board-certified neurosurgeon. Plaintiff is informed and believes that 3 Defendant ABRAHAM RAYHAUN, M.D., is an owner, member, agent, employee, 4 contractor and or associate of Defendant COAST NEUROSURGICAL ASSOCIATES. 5 6. Plaintiff is informed and believes that Defendant SHERI PALEJWALA, M.D. 6 was at all at all relevant times herein a physician and surgeon licensed by the Medical Board 7 of California under the laws of the State of California. Defendant SHERI PALEJWALA, 8 M.D. is a board-certified neurosurgeon. Plaintiff is informed and believes that Defendant 9 SHERI PALEJWALA, M.D., is an owner, member, agent, employee, contractor and or 10 associate of Defendant COAST NEUROSURGICAL ASSOCIATES. 11 7. Plaintiff is informed and believes that Defendant POUYA LAVIAN, M.D. was 12 at all at all relevant times herein a physician and surgeon licensed by the Medical Board of 13 California under the laws of the State of California. Defendant POUYA LAVIAN, M.D. is a 14 neurologist. 15 8. Plaintiff is informed and believes that Defendant LONG BEACH MEMORIAL 16 MEDICAL CENTER is a California corporation located in the State of California, County of 17 Los Angeles, for the purposes of engaging in the profession of medicine. Plaintiff is informed 18 and believes that Defendant LONG BEACH MEMORIAL MEDICAL CENTER’s principal 19 place of business is located at 2801 Atlantic Avenue, Long Beach, California 90806. 20 9. Plaintiff is informed and believes that Defendant ROBERT F. HAUGHTON, 21 M.D. was at all at all relevant times herein a physician and surgeon licensed by the Medical 22 Board of California under the laws of the State of California. Defendant ROBERT F. 23 HAUGHTON, M.D. is an anesthesiologist. 24 10. Plaintiff is informed and believes that Defendant JASON KOH, D.O. was at 25 all at all relevant times herein an osteopathic physician and surgeon licensed by the 26 Osteopathic Medical Board of California under the laws of the State of California. Defendant 27 JASON KOH, D.O. is a physiatrist. 28 3 COMPLAINT FOR DAMAGES 1 11. Plaintiff is informed and believes that Defendant AUDREY KOHAR, D.O. 2 was at all at all relevant times herein an osteopathic physician and surgeon licensed by the 3 Osteopathic Medical Board of California under the laws of the State of California. Defendant 4 AUDREY KOHAR, D.O. is a physiatrist. 5 12. Plaintiff is informed and believes that Defendant PETER LEE, D.O. at all 6 relevant times herein held a postgraduate training license under the laws of the State of 7 California, County of Los Angeles. 8 13. Plaintiff is informed and believes that Defendant SUJIN LEE, M.D. was at all 9 at all relevant times herein a physician and surgeon licensed by the Medical Board of 10 California under the laws of the State of California. Defendant SUJIN LEE, M.D. specializes 11 in internal medicine. 12 14. Plaintiff is informed and believes that Defendant CAN PHAN, M.D. was at all 13 at all relevant times herein a physician and surgeon licensed by the Medical Board of 14 California under the laws of the State of California. Defendant CAN PHAN, M.D. is an 15 anesthesiologist. 16 15. Plaintiff is informed and believes that Defendant JUAN POLANCO, M.D. was 17 at all at all relevant times herein a physician and surgeon licensed by the M edical Board of 18 California under the laws of the State of California. Defendant JUAN POLANCO, M.D. 19 specializes in internal medicine. 20 16. Plaintiff is informed and believes that Defendant PRANAMYA SURI, M.D. 21 was at all at all relevant times herein a physician and surgeon licensed by the Medical Board 22 of California under the laws of the State of California. Defendant, PRANAMYA SURI, M.D. 23 specializes in physical medicine and rehabilitation. 24 17. Plaintiff is informed and believes that Defendant SEPEHR TEHRANI, M.D. 25 was at all at all relevant times herein a physician and surgeon licensed by the Medical Board 26 of California under the laws of the State of California. Defendant, SEPEHR TEHRANI, M.D. 27 is an anesthesiologist. 28 4 COMPLAINT FOR DAMAGES 1 18. Plaintiff is informed and believes that Defendant JUDITH WONG, M.D. was 2 at all at all relevant times herein a physician and surgeon licensed by the Medical Board of 3 California under the laws of the State of California. Defendant JUDITH WONG, M.D. is a 4 neurosurgeon. 5 19. Plaintiff is informed and believes that Defendant NICOLE YIN, M.D. was at 6 all at all relevant times herein a physician and surgeon licensed by the Medical Board of 7 California under the laws of the State of California. Defendant NICOLE YIN, M.D. is an 8 anesthesiologist. 9 20. Plaintiff is ignorant of the true names and capacities of defendants sued as 10 DOES 1 through 50, inclusive, and therefore sue these defendants by such fictitious names. 11 Plaintiff will amend this Complaint to allege their true names and capacities when 12 ascertained. Plaintiff is informed and believes and based thereon alleges that each of the 13 defendants designated as a DOE are responsible in some manner for the wrongful conduct 14 referred to and thereby proximately caused injuries and damages to Plaintiff as herein 15 alleged. 16 21. Plaintiff is informed and believes, and based thereon alleges, that each of the 17 defendants sued herein were, at all times relevant to this action, the duly authorized agents, 18 principals, employers, employees, representing partners, or joint venturers of the remaining 19 defendants and were acting within the course and scope of that relationship. Plaintiff is 20 further informed and believes, and thereon alleges, that each of the defendants herein, 21 through their duly authorized agents, officers, employees and/or representatives acted 22 intentionally, willfully, knowingly and/or consented, ratified, and authorized the injurious 23 acts complained of herein which were perpetrated by said duly authorized agents, officers, 24 employees and/or representatives and that said agents, officers, employees and/or 25 representatives knew their actions to be wrong but continued to act despite this knowledge, 26 all to the detriment of Plaintiff. 27 /// 28 5 COMPLAINT FOR DAMAGES 1 FACTS 2 22. Plaintiff has fully and timely satisfied his statutory requirements pursuant to 3 Code of Civil Procedure Section 364 prior to filing this Complaint for Damages. 4 23. In or about 2010, Plaintiff suffered a viral infection in his thoracic spine area. 5 As a result of the infection, Plaintiff developed a condition called transverse myelitis, which 6 is an inflammation of the spinal cord that damages the protective myelin sheath around the 7 spinal cord. Loss of the myelin leads to permanent spinal cord scarring. 8 24. Despite his condition, Plaintiff experienced a partial recovery and his abilities 9 to ambulate independently, lift weights, and generally care for himself independently 10 remained intact. However, his gait was negatively affected. 11 25. Plaintiff consulted with Defendant POUYA LAVIAN, M.D. with respect to 12 his challenged gait, who recommended that Plaintiff consult with Defendant RAMIN 13 JAVAHERY, M.D. of COAST NEUROSURGICAL ASSOCIATES. 14 26. Defendant RAMIN JAVAHERY, M.D. of COAST NEUROSURGICAL 15 ASSOCIATES recommended and performed two spinal surgeries on Plaintiff, the first of 16 which was on August 22, 2020. Defendant RAMIN JAVAHERY, M.D. of COAST 17 NEUROSURGICAL ASSOCIATES told Plaintiff that the purpose of the spinal surgery was 18 to improve his gait. 19 27. Following the first surgery, Plaintiff experienced no improvement in his gait 20 and, in fact, suffered some worsening of his gait concerns, as well as weakness and 21 anatomical misalignment in his lower extremity. In the months following the first spinal 22 surgery, Plaintiff was still able to ambulate independently. 23 28. Thereafter, Defendant RAMIN JAVAHERY, M.D. of COAST 24 NEUROSURGICAL ASSOCIATES recommended that Plaintiff undergo a second, more 25 involved spinal surgery to correct the increasing deficiencies as well as improve his gait. On 26 the recommendation and based off the representations of Defendant RAMIN JAVAHERY, 27 M.D. of COAST NEUROSURGICAL ASSOCIATES, Plaintiff consented to undergoing the 28 6 COMPLAINT FOR DAMAGES 1 second spinal surgery. 2 29. Rather than help Plaintiff, the second spinal cord surgery further damaged 3 Plaintiff’s spinal cord. Shortly thereafter, Plaintiff largely lost his ability to walk. He is now 4 dependent on others to care for his daily needs, and Plaintiff has suffered and continues to 5 suffer significant damages, including the injuries described herein, pain, suffering, a loss of 6 income and earning capacity, and medical expenses. 7 30. Despite the representations of Defendant RAMIN JAVAHERY, M.D. of 8 COAST NEUROSURGICAL ASSOCIATES, there are no indicated surgical interventions 9 appropriate to treat patients suffering from transverse myelitis. Plaintiff was never tol d the 10 same prior to consenting to the surgery. 11 31. Defendants, and each of them, were involved in the care, treatment, surgical 12 interventions, preoperative care, postoperative care, diagnostics of Plaintiff related to his 13 transverse myelitis and gait concerns. Defendants, and each of them, failed to adequately 14 render medical treatment such that Plaintiff suffered the damages alleged herein. 15 FIRST CAUSE OF ACTION 16 FOR MEDICAL NEGLIGENCE 17 (Against all Defendants) 18 32. Plaintiff realleges and incorporates by reference the foregoing allegations as if 19 alleged in full herein. 20 33. On the dates specified herein, Plaintiff employed Defendants, and each of 21 them, to examine, treat and/or diagnose Plaintiff’s medical conditions. Pursuant to this 22 employment, Defendants rendered professional medical services in the diagnosis, treatment, 23 and care of Plaintiff. 24 34. Defendants, and each of them, had a duty to Plaintiff to use the level of skill, 25 knowledge, and care in examination, diagnosis, and treatment that other reasonably careful 26 medical professionals would use in the same or similar circumstances. 27 35. From and after the time of the employment, Defendants, and each of them, so 28 7 COMPLAINT FOR DAMAGES 1 negligently failed to exercise the proper degree of knowledge and skill in examining, 2 diagnosing, treating, and caring for Plaintiff and Plaintiff’s medical condition such that 3 Plaintiff was caused to suffer the injuries and damages herein alleged. 4 36. As a proximate result of the negligence of Defendants, and each of them, 5 Plaintiff suffered injuries, including but not limited to weakness, spinal cord injury, the loss 6 of the ability to care for himself independently and the loss of the ability to walk. The totality 7 of the foregoing resulted in Plaintiff’s past suffering, and he continues to suffer great physical 8 and emotional pain from the long-term complications due to the negligent medical treatment. 9 37. As a proximate result of the negligence of Defendants, and each of them, 10 Plaintiff has sustained injury to his health, strength, and activity, all of which injuries have 11 caused, and continue to cause, Plaintiff great mental, physical, and nervous pain and 12 suffering. As a result of such injuries, Plaintiff has sustained general damages. 13 38. As a further proximate result of the negligence of defendants, and each of 14 them, Plaintiff has incurred and will continue to incur medical, hospital, and related expenses, 15 all to his special damages. 16 39. As a further proximate result of the negligence of defendants, and each of 17 them, Plaintiff has incurred and will continue to incur the loss of his earning capacity, all to 18 his special damages. 19 /// 20 21 /// 22 23 /// 24 25 /// 26 27 /// 28 8 COMPLAINT FOR DAMAGES 1 WHEREFORE, Plaintiff prays judgment as follows: 2 1. For general damages according to proof; 3 2. For medical and related expenses according to proof; 4 3. For loss of earnings according to proof; 5 4. For costs of suit herein incurred, and; 6 5. For such other and further relief as the court may deem proper. 7 8 DATE: August 12, 2022 Respectfully submitted, GREENSLADE CRONK, LLP 9 10 11 By: ____________________________________ Anna H. Cronk 12 Michael Greenslade Seri Kattan-Wright 13 Brianne Cassidy 14 Attorneys for Plaintiff, RANDOLPH BARRINGER 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 COMPLAINT FOR DAMAGES