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JAIN QFFICE5 QF
WALKUP, MELODIA, KELLY (SL SCHOENBERGER
CORPORATION
A PROFE55IONAL
650 CALIFORNIA STREET, 26'" FLOOR
SAN FRANCISCO, CALIFORNIA 94108-2615
3
981I7210
T: (415) F:(415) 391-6965
4 SARA M. PETERS (State Bar ¹260610)
speters@walkuplawoffice.corn E-FILED
5 ANDREW P. MCDEVITT (State Bar ¹271371) 8/15/2019 4:17 PM
amcdevittgwalkuplawoffice.corn Superior Court of California
6 ATTORNEYS FOR PLAINTIFF MASON
MCNEES County of Fresno
By: J. Nelson, Deputy
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF FRESNO
12 MASON MCNEES, Case No. 19CECG02763
13 Plaintiff, FIRST AMENDED COMPLAINT
FOR DAMAGES
14 V.
[Medical Negligence; Battery;
15 MARK CUNNINGHAM, M.D.; Amount in Controversy Exceeds
CHENWI AMBE, M.D.; VALLEY 825,000]
16 SURGICAL SPECIALISTS MEDICAL
GROUP, INC.; FRESNO COMMUNITY DEMAND FOR JURY TRIAL
17 HOSPITAL AND MEDICAL CENTER,
INC. doing business as Clovis
18 Community Medical Center; and DOES
ONE through ONE HUNDRED,
19
Defendants.
20
21 FIRST CAUSE OF ACTION
[Medical Negligence]
22
23 COMES NOW Mason McNees and complains of Defendants, and each of them,
24 and for a First Cause of Action alleges as follows:
25 1. Mason McNees was and is at all relevant times an individual and
26 resident of the County of Fresno, State of California.
27 2. Mark Cunningham, M.D. was and is at all relevant times an individual
28 physician residing in and practicing medicine in the County of Fresno, State of
1
FIRST AMENDED COMPLAINT FOR DAMAGES — Case NQ. 19CECG02763
1 California.
3. Chenwi Ambe, M.D. was and is at all relevant times an individual
3 physician residing in and practicing medicine in the County of Fresno, State of
4 California.
4. Valley Surgical Specialists Medical Group, Inc. was and is at all
6 relevant times a corporation formed under the laws of the State of California, with its
7 principal place of business in the County of Fresno, State of California. At all
8 relevant times, Mark Cunningham, M.D, and Chenwi Ambe, M.D. were practicing
medicine within the course and scope of their employment and agency on behalf of
10 Valley Surgical Specialists Medical Group, Inc.
5. At all relevant times, Fresno Community Hospital and Medical Center,
12 Inc., doing business as Clovis Community Medical Center, was a corporation formed
13 under the laws of the State of California, with its principal place of business in the
14 County of Fresno, State of California.
15 6. The defendants, DOES ONE through ONE-HUNDRED, inclusive, and
16 each of them, are sued herein under fictitious names because their true names and
17 capacities, whether individual, associate, corporate, or governmental are not now
18 known to plaintiff, or if their identities are known, the factual basis of their
19 negligence or other responsibility, be it strict liability or otherwise, is not presently
20 known. Plaintiff is informed and believes, and upon such information and belief alleges,
21 that each of said defendants is negligently or strictly liable, or otherwise responsible in
22 some manner for the events and happenings herein alleged, either as manufacturers,
23 suppliers, sellers, service companies, distributors, physicians, surgeons, anesthetists,
24 nurses, other medical practitioners, pharmacists, hospitals or hospital attendants,
25 ambulance companies or attendants, or otherwise, and that said defendants negligently
26 or otherwise acted or omitted to act in one or more of said occupations or businesses
27 and that such negligence, strict liability or other basis of liability proximately caused
28 the injuries and damages hereinafter set forth.
LAW OFFICES OF
WALIEDF, I IELODIA, EESLLT
* 0o
650 CALIFORNIA STREET
2
26TN FLOOII
SAN FRANOSCO, CA 94108 FIRST AMENDED COMPLAINT FOR DAMAGES - — Case No. 19CECG02763
161981-7210
I~
7. Plaintiff is uncertain as to the manner or function of such defendants,
2 whether as manufacturers, suppliers, sellers, service companies, distributors,
3 physicians, surgeons, anesthetists, nurses, other medical practitioners, pharmacists,
hospitals or hospital attendants, ambulance companies or attendants, or otherwise.
Plaintiff prays leave to amend this Complaint to insert herein the true names,
capacities, functions, occupations, businesses and actionable conduct of said
7 defendants when the same are ascertained.
8. At all times relevant times herein mentioned, each and every of the
9 defendants herein was the agent, servant, partner, joint venturer, employee and/or
10 franchisee of each of the other defendants, and each was at all times acting within
11 the course and scope of such agency, service, employment, joint venture, partnership
12 and/or franchise.
9. At all relevant times herein mentioned, defendants Fresno Community
14 Hospital and Medical Center, Inc. and Does One through Twenty-Five, and each of
15 them, were and now are business entities doing business within the County of Fresno
16 in the State of California, having as their primary business the provision of medical,
17 surgical, radiology, obstetrical and maternal care, nursing and. health services, clinic
18 and hospital services, as well as diagnosis and care to paying patients, including
19 Plaintiff herein.
20 10. At all relevant times herein mentioned, Defendant Mark Cunningham,
21 M.D. and Chenwi Ambe, M.D., and Does Twenty-Six through Forty, and each of
22 them, were and now are medical physicians and surgeons duly licensed by the State
of California, and providing medical services to paying patients, including Plaintiff
24 herein.
11. At all relevant times, Defendants, and each of them, held themselves
26 out to be knowledgeable with respect to medical and surgical services, nursing and
27 health services, and clinic and hospital services.
12. At all relevant times, Plaintiff Mason McNees was a patient of
LAW OFFICES OF
WALKUP, LOLOOLN KELLY
690 CAI.IFORNIA STREET 3
26TN FLOOR
SAN FRANCISCO, CA 94108
64197981-7210
FIRST AMENDED COMPLAINT FOR DAMAGES - — Case No. 19CECG02763
1 Defendants, and each of them, for the purpose of receiving medical care and
2 treatment.
13. In or about January through February 2018, Defendants, and each of
4 them, individually and acting by and through their agents, servants and employees,
5 undertook to examine, treat, test, evaluate, biopsy, monitor, consult, refer, inform,
and otherwise provide health care services to Mason McNees in connection with a
retroperitoneal mass involving Mr. McNees'eliac artery.
14. On or about February 23, 2018, Defendants, and each of them,
individually and acting by and through their agents, servants and employees,
10 recommended and performed surgery at their community hospital in Clevis for
11 Mason McNees'etroperitoneal mass.
12 15. From about February 23, 2018 until about October 2, 2018, Mason
13 McNees remained under the care and treatment of Defendants, and each of them.
14 16. From about February 23, 2018 until about October 2, 2018, Mason
15 McNees remained ignorant of the true nature of his surgery and injuries. Defendants
16 actively concealed from him, and chose not to inform him, of the nature or severity of
17 his injuries, the nature of the surgery, or the fact of Defendants'rongdoing.
18 17. At all relevant times herein, Defendants, and each of them, were
19 negligent, careless, and reckless in and about their evaluation, treatment, testing,
20 monitoring, advising, referring (or failing to refer), obtaining informed consent from,
21 operative, and post-operative care of Mason McNees.
22 18. By reason of the premises, and as a direct and legal result of the
23 negligence, carelessness, and recklessness of Defendants, and each of them, Plaintiff
24 Mason McNees has been caused to suffer and sustain severe injuries to his vessels,
25 leading to ischemic and other injuries to multiple organs, which will require multiple
26 organ transplants and have resulted in disability. Plaintiff is informed and believes,
27 and therefore alleges upon such information and belief, that said injuries will be
28 permanent in nature, the extent of said permanent injuries being at this time
OFFICES OF
LAFA
WALKUP, SIELODIA, KELLY
6 SCHOHEHEROKK
ROTI AICO N A 0
A
690 CALIFORNIA STREET 4
26TH FLOOR
SAN FRANCISCO, CA 94106
1419) 901 221D
FIRST AMENDED COMPLAINT FOR DAMAGES - — Case No. 19CECG02763
1 unknown to Plaintiff.
19. By reason of the premises, and as a direct and legal result of the
negligence and carelessness of Defendants, and each of them, it became necessary for
4 Plaintiff to incur expenses for medical supplies and services, and other costs and
expenses reasonably related to the treatment of Plaintiffs injuries, and Plaintiffs
damage in this respect is presently unascertained as said services are still
continuing. Plaintiff prays leave to insert his elements of damage in this respect
8 when the same are finally determined.
20. By reason of the premises, and as a direct and legal result of the
10 matters aforesaid, Plaintiff has sustained past and future wage loss, and has
sustained a diminution and reduction of his earning capacity, and his ability to work
12 in gainful employment has been destroyed. By reason of the premises, Plaintiff has
13 sustained a loss of earnings in a presently unascertained sum, as said sum is not yet
14 finally determined. Plaintiff prays leave to amend this Complaint to insert his
15 elements of damage in this respect when the same are finally determined.
16 21. By reason of the premises, Plaintiff has sustained general (non-
17 economic) damages in a sum in excess of the minimum jurisdictional limits of this
18 Court.
19 SECOND CAUSE OF ACTION
[Battery]
20
21 22. Plaintiff realleges and incorporates herein each and every paragraph set
22 forth above.
23 23. Defendants did not seek or obtain consent, prior to February 23, 2018, to
24 perform a mutilating surgery.
24. Defendants did not seek or obtain consent, prior to February 23, 2018, to
26 take Plaintiffs celiac artery.
27 25. Defendants did not seek or obtain consent, prior to February 23, 2018, to
28 take any of Plaintiffs blood vessels.
LAW OFFICES OF
WALKUP, SEELOOIA, KEO.T
8 SCHOENBEKOEK
* 500590 *«ORFURAI I
690 CALIFORNIA STREET 5
26TH FLOOR
SAN FRANCISCO CA 96108 FIRST AMENDED COMPLAINT FOR DAMAGES - — Case No. 19CECG02763
15151981 7210
26. Defendants did not seek or obtain Plaintiffs consent, prior to February
23, 2018, to remove essential blood vessels supplying blood to major organs.
27. On or about February 23, 2018, Defendants, and each of them,
intentionally performed a mutilating surgery on Plaintiff, intentionally removing
blood vessels, including the celiac artery, which supplied blood to major organs,
including Plaintiff's pancreas, liver, kidneys, and other organs.
28. Defendants, and each of them, on or about February 23, 2018,
8 performed a medical procedure without Plaintiffs consent.
29. Defendants, and each of them, on or about February 23, 2018,
10 performed a medical procedure that was substantially different from any procedure
11 to which Plaintiff had consented.
12 30. As a direct and legal result of Defendants'rongdoing, Plaintiff was
harmed as described hereinabove.
14 Wherefore, Plaintiff Mason McNees prays for judgment in his'favor and
15 against Defendants and each of them:
16 A. For noneconomic (general) damages according to proof;
17 B. For economic (special) damages according to proof;
18 C. For costs of suit;
19 D. For pre-judgment interest as permitted by law; and,
20 E. For such other and further relief as this Court may deem proper.
21 Dated: August 15, 2019 WALKUP, MELODIA, KELLY & SCHOENBERGER
22
23
24 SARA M. PETERS
ANDREW P. MCDEVITT
25
Attorneys for PLAINTIFF MASON MCNEES
26
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28
LAIV OFFICES OF
WALIWE, EIELODIA, KELLY
6
242K FLOOR
SAN FRANCISCO, CA 94108
24IS)981.7210
FIRST AMENDED COMPLAINT FOR DAMAGES - — Case No. 19CECG02763
DEMAND FOR JURY TRIAL
Plaintiff hereby requests a trial by jury.
Dated: August 15, 2019 WALKUP, MELODIA, IfELLY & SCHOENBERGER
By:
SARA M. PETERS
ANDREW P. MCDEVITT
Attorneys for PLAINTIFF MASON MCNEES
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LAW OFFICES OF
WALKUP, EEEIOOIA, KELLY
660 CALIFORNIA SIREEI
26FN FLOOR
7
SAN FRANCISCO, CA 94108
14161981-7210
FIRST AMENDED COMPLAINT FOR DAMAGES - — Case No. 19CECG02763