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  • CHARLOTTE KERNAN ET AL VS. REGENTS OF THE UNIVERSITY OF CALIFORNIA ET AL MALPRACTICE - MEDICAL/DENTAL document preview
  • CHARLOTTE KERNAN ET AL VS. REGENTS OF THE UNIVERSITY OF CALIFORNIA ET AL MALPRACTICE - MEDICAL/DENTAL document preview
  • CHARLOTTE KERNAN ET AL VS. REGENTS OF THE UNIVERSITY OF CALIFORNIA ET AL MALPRACTICE - MEDICAL/DENTAL document preview
  • CHARLOTTE KERNAN ET AL VS. REGENTS OF THE UNIVERSITY OF CALIFORNIA ET AL MALPRACTICE - MEDICAL/DENTAL document preview
  • CHARLOTTE KERNAN ET AL VS. REGENTS OF THE UNIVERSITY OF CALIFORNIA ET AL MALPRACTICE - MEDICAL/DENTAL document preview
  • CHARLOTTE KERNAN ET AL VS. REGENTS OF THE UNIVERSITY OF CALIFORNIA ET AL MALPRACTICE - MEDICAL/DENTAL document preview
  • CHARLOTTE KERNAN ET AL VS. REGENTS OF THE UNIVERSITY OF CALIFORNIA ET AL MALPRACTICE - MEDICAL/DENTAL document preview
  • CHARLOTTE KERNAN ET AL VS. REGENTS OF THE UNIVERSITY OF CALIFORNIA ET AL MALPRACTICE - MEDICAL/DENTAL document preview
						
                                

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I ANN H. I.ARSON, ESQ. (State Bar No. 176461) JOHN C. WON, ESQ. (State Bar No. 242743) 2 CRADDICK, CANDLAND J'c CONTI ELECTRONICALLY A Professional Corporation 3 2420 Camino Ramon, Smte 202 F I L E D Superior Court of California, San Ramon, CA 94583-4202 County of San Francisco 4 Telephone: (925) 838-1100 Facsimile: (925) 743-0729 08/27/2019 Clerk of the Court t E- il: i 1 e won',ccclawfirm. corn BY: SANDRA SCHIRO Deputy Clerk 6 Attorneys for Defendants, 7 REGENTS OF THE I JNIVERSITY OF CALIFORNIA, ELEANOR DREY, M.D., and 8 WILLIAM WINKELMAN, M.D. 10 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO 12 CHARLOTTE KERNAN and JOSH MOORE, No. CGC-18-564062 13 Plaintiffs 14 DECLARATION OF JOHN C. WON, ESQ. vs. IN SUPPORT OF MOTION FOR 15 SUMMARY JUDGMENT, OR RFGENTS OF THE UNIVFRSITY OF ALTERNATIVELY, SUMMARY 16 CALIFORNIA; CITY AND COUNTY OF SAN ADJIJDICATION, BY DEFENDANTS FRANCISCO; FLFANOR DREY, M.D.; REGENTS OF THK UNIVERSITY OF 17 WILLIAM WINKEI.,MAN, M.D. CALIFORNIA, ELEANOR DREY, M.D., AND WILLIAM WINKKLMAN, M.D. Defendants. Date: November 15, 2019 19 Time; 9:30 a.m. Dept. 302 20 Reservation No. 08261115-03 21 Complaint filed: February 2, 2018 Trial date: April 6, 2020 22 23 24 I, JOI IN C. WON, declare as follows: 25 I am an attorney licensed to practice in the State of California and an associate with the law finn of Craddick, Candland Jr. Conti, attorneys of record for defendants, REGENTS OF THE UNIVERSITY OF CALIFORNIA, ELEANOR DREY, M.D., and WILI.IAM WINKELMAN, M.D. If called as a witness, I could competently testify to the following: I DECLARATION OF JOHN C. WON, ESQ. IN SUPPORT OF MOTION [...1 BY DEFENDANTS REGENTS OF THE UNIVERSITY OF CALIFORNIA, ELEANOR DREY, M.D., AND WILLIAM ~LMAN, M.D. Attached hereto and incorporated by reference herein as exhibits are true and correct copies of the following documents: Exhibit "A" Plaintiffs CHARLOTTE KERNAN and JOSH MOORE'S Complaint for damages, filed February 2, 2018. Exhibit "B" Notice of Intent, dated November 6, 2017. Exhibit "C" Plaintiff CHARLOTTE KERNAN Responses to Special Interrogatories, Set One. Exhibit "D" Plaintiff JOSH MOORE Responses to Special Interrogatories, Set One. Exhibit "K" Curriculum Vitae, Dr. James D. Byrne. Exhibit "F" Excerpts of Zuckerberg San Francisco General Hospital medical records of 10 CHARLOTTE MOORE. Exhibit "G" Fetal Monitoring Strip dated November 2, 2016. 12 Exhibit "H" Fetal Monitoring Strip dated November 4, 2016. 13 Exhibit "I" Autopsy Report dated November 8, 2016. 14 Exhibit "J" Marin Birth Center medical records. 15 Exhibit "K" Marin Health & Wellness medical records. 16 Executed this 'l(P day of August, California. 17 18 JO C ON 19 20 21 22 23 24 25 26 27 2 DECLARATION OF JOHN C. WON, ESQ. IN SUPPORT OF MOTION [...] BY DEFENDANTS REGENTS OF THE UNIVERSITY OF CALIFORNIA, ELEANOR DREY, M.D., AND WILLIAM WINKELMAN, M.D. EXHIBIT A EXHIBIT A PLD-Pl-001 Y QR pARTY WITHOUT ATTORNEY IName. Sf ln 8 fnumber and nddmncl FOR COURT USE RLOTTE KERNAN and JOSH MOORE Panorama Drive Francisco, CA 94131 NENO (415) 936 — 6449 FAXNoiopbnnnfi DRESS (Opffonnll YFORim.mei In prOpria perSOna ytJDPPD loRGQURTDFGALIFQRNIA,coUNTVDF san Francisco sTREETADDREBB 400 ttcAllister Street Q'fl 2018 MAILING ADDRESS PP8 cITYANDzlp DDDESan Francisco, CA 9 4 1 02 Oj: THE COUKT BRANCH NAME Ejuly. PLAINTIFF: Charlotte Kernan DEFENDANT,'Regents Df the Univernrty of california, city and county of Sae 2'tanciecc, Sieanot Drey, M.D. Niliram Nickelmao, M.D. El DoEs 1 yo 1nn COMPLAINT-Personal Injury, Property Damage, Wrongful Death ~ AMENDED (hfumber)i Type (check all that apply): ~~ NIOTOR VEHICLE Property Damage Qg ~ OTHER (specify)i Wrongful Death Medical Nealigence ~ Personal Injury ~ Other Damages (specify)i Jurisdiction (check all that apply)i CASE NUMBER C3 ACTION IS A LIMITED CIVIL CASE Amount demanded ~ ~ does not exceed $ 10,000 exceeds $ 10,000, but does not exceed $ 25,000 Q'J ACTION IS AN UNLIMITED CIVIL CASE (exceeds $ 25,000) ~~ ACTION IS RECLASSIFIED by this amended complaint from limited to unlimited ~ from unlimited to limited plaintiff(name ornames)i Charlotte Kernan and Josh tuloore alleges causes of action againstdefendant(nsms ornames)i Regenta of the Univetnity of California, City aod County of San Francisco, Eleanor Drey, M.D., William Winkelman, M.D., Does l to 100 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. Each plaintiff named above is a competen( adult a. ~ except plaintiff (nsms): ~ a corporation qualified to do business in California (1) ~ (2)~ an unincorporated entity (describe)i a public entity (describe): ~ (3) (4) a minor ~ ~ an adult for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (5)~ (a) (b)~ other (specify)i other(specffy)i b. ~ except plaintiff (name)i ~ a corporatian qualified to do business in California (1) (2)~ ~ an unincorporated entity (describe)i a public entity (descrtbs)i (3) (4)~ a minor ~ ~ an adult for wham a guardian or conservator of the estate or a guardian ad litem has been appointed ~ (5) (e) (b)~ other (specify)i other (specify)i ~ Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Pne I 13 Fofm 1 AFP'dion oobmwf Uw r,—. deelcouncfotColdofnn Jl« IL'OMPLAINT-Personal Injury, Property cnd nfcwlpfmwde.tn2312 www cond Iio caen 2MTILj ()IER)IA[ (RRIII'" Jnn"*N I, PI.D-PI-SOI iRn Damage, Wrongful Death Kernan, Charlotte PLD-PI-001(2 SHORT TITLE: CASE NUMSER Kernan v. University of California-San Francisco Ft rot CAUSE OF ACT(ON- General Negligence Page g (number) ATTACHMENT TO ~ Complaint ~ Cross-Complaint (tfse s separate cause of action form for each cause of action.) GN-1. Plaintiff(name): Charlotte Kernan, Josh Moore slleges that defendant (name):Regents of the IIniversity of California, City and County of Sen Francisco, Eleanor Dray, W.D., William Winkelman, W.D. (lsd Does 3 to 1IIB was the legal(proximate) cause of damages to plaintiff. By the followingacts or omissions to act, defendant negligently caused the damage to plaintiff on(rats): On or about November 1), 2016 at(place): San Francisco General Hospital, San Francisco, California (dsscripiion of reasons for Iisbiiity): Plaintiff is informed and believes and thereon alleges that at all times relevant herein, each of the defendants was the agent, employee, servant and joint venturer of each of the remaining defendants and that in doing the things hereaftez alleged, was acting within the course, scope and authority of such agency, employment and joint venture, and with the consent and permission of each of the other defendants. On oz about November 4, 2016, Charlotte Kernan was admitted to San Francisco General Hospital for an External Cephalic Version (RECVM). The ECV procedure was intended to rotate the position of plaintiff's healthy first" fetus, which presented in a breech fashion, to a "head position. The ECV procedure was performed by Eleanor Drey, M.D. and assisted by William Winkelman, M.D.. At all times herein, Defendants Drey and Winkelman employed by defendant Regents of the University of San Francisco as medical physicians and all acts and omissions alleged herein were done in the course and scope of their employment.. Defendants Drey and Winkelman, and Does 1-100, performed the ECV negligently and caused the death of plaintiff's daughter. The defendants'erformance of the ECV and the death of the child was in breach of the professional standard of care. Plaintiff Moore was in the operating room and observed t: he procedure. As consequence of the negligent acts and omissions of the defendants, and each of them, plaintiff Charlotte Kernan suffered damages as alleged hereinabove. Pgefof 1 Fo rm Appro ed for Dpi oner Dec CAUSE OF ACTION- General Negligence cmleofc promo J dier f 0 unoil f Calrfomie PLD.Pf-egf (2) (Rer. Janume 1. 2007I ~oI 12512 onm(ongou LJ ESSENTIAl FORMS'" Kernan, Charlotte 4. SHORT TITLE: 3 ~ . U 'tf Plaintiff (name)r f C I'f ' 3 is doing business under the fictitious name (specify): 7 CASE NUMBER and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. gg except defendant (name): University of California c. ~ except defendant (name)f (1) ~ ~ a business organization, form unknown a corporation (1) ~ ~ a business organization, form unknown a corporation (2) (3) ~ an unincorporated entity(describe)r (2) (3) ~ an unincorporated entity (describe)r (4) ~State a public entity (describe): of California University (4) ~ a public entity (descn'be)r (5) ~ other (specify): (5) ~ other (specify)r b. Qg except defendant(name): City and County of San Francisco d. ~ except defendant (name): (1) ~ ~ a business organization, form unknown a corporation (1) ~ ~ a business organization, form unknown a corporation (2) (3) ~ an unincorporated entity(describe): (2) (3) ~ an unincorporated entity(descnbe)f (4) QQ a public entity (descnbe): a charter municipality (4) ~ a publicentity(descnbe)r (5) ~ other (specify): (5) ~ other (specify): 6. ~ Information about additional defendants who are not natural persons is contained in Attachment 5. The true names of defendants sued as Does are unknown to plaintiff. a. Qg Doe defendants(specify Doe numbers): 1-qA were lhe agents or employees of other named defendants and acted within the scope of that agency or employment. b. [Q Doe defendants(specify Doe numirers);q1 -1 AA are persons whose capacities are unknown to plaintiff. T. ~ Defendants who are joined under Code of Civil Procedure section 382 are (names)f 8, This courl is the proper court because a. b. ~ at least one defendant now resides in its jurisdictional area. QJ the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. d. ~ ~ injury to person or damage to personal properiy occurred in its jurisdictional area. other (specify)'. 9. ~~ a. Plaintiff is required to comply with a claims statute, and has complied with applicable claims statutes, or b.~ is excused from complying because (specify)r PCIPPIJJUI IRU 3U tr I,2lxirl CORRPLAINT-Personal Injury, Property PB2IB Damage, Wrongful Death Kernan, Charlotte LJ EIIIRI'IAI fllRAII" PLD-PI-001 SHORT TITLE: CASENUMBER Kernan v. University of California-San Francisco 10, The following causes of action are attached and the statements above apply to each (eacb comp(atnt must have one or more causes of action attached): a. b, ~ Qg Motor Vehicle General Negligence c. d. ~ ~ Tort intentional Products Liability e. f. ~ ~ Premises Liability Other (specify): 11. Plaintiff has suffered a. b. ~ ~ wage loss loss of use of property c. d. ~ ~ hospital and medical expenses general damage e. f. ~ ~ properly damage loss of earning capacity g. ~ other damage (specify): 12. ~~ e. The damages claimed for wrongtul death and lhe relationships of plaintiff to the deceased are listed in Attachment 12. b. ~ as follows: 13. The relief sought in this complaint is within the jurisdiction of this court. 13L plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) QQ compensatory damages (2) C3 punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) Qg according to proof {2)~ in the amount of: $ 15. ~ The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers). All paragraphs Date: January 31, 2018 Cjj)LILLftflF RRRNAN *TIrl .TARP tAARR nYPEOR PRINT NAME I iSIGNATURE OF(IIAINTIFF One(TTORNye) PLO-PIO01 iRee 33003IT I, 200TI COMPLAINT-Personal Injury, Property Pg 3M3 Damage, Wrongful Death Charlotte I e FORM%'" jest(RTIAI Kernan, EXHIBIT B EXHIBIT B Charlotte Ker'nan 215 Panorama Drive San Francisco, CA 94131 (415) 936-6449 November 6, 2017 Dr. William Winkelman, M.D. Pliscilla Chan aud Mark Zuckerberg San Francisco General Hospital and Trauma Center 1001 Potrero Ave, Ward 6D, San Francisco, CA 94110 San Francisco, CA 94110 Re; Your Patient: Ms. Charlotte'Kernan Date of Birth: 01/2g/19g5 Medical Record //: 06021535 Date of Loss: 11/07/2016 Rc; Medical Malpractice Notice Letter Ms, Chariotte Keman and Zhckerberg San Francisco General Hospital, Eleanor Drey, M,D., William Winkelman, M,D,, iuan Vargas, M,D„ Sara Netvmann, M,D,, Rebecca Jackson, M.D., Chief, and Margaret Hutchison, CMN Dear Dr. William Winkelrnan, Pursuant to California Code of Civil Procedure ("CCP"), sections 364, 365, you are hereby given notice that Charlotte Kernan intends to comznence a lawsuit agamst you for damages brought on by your professional malpractice, as you failed to provide treatment that mct the appropriate "medical standard of care" under the circumstances, which resulted in the induction of labor and delivery of the demised fetus of Charlotte Keman and J'oshua Moore on November 7, 2016. The treatment provided by the named physicians, midwives and/or other health care pmfessionals was neghgent, in many areas, resulting in care that feil below the accepted standard of practice in the industry, and caused injury and des1h to Ms. Kcrnan's f72g term baby. Medical malpractice also occurred when an error or mistake was made by a medical professional resulting in the hatm and/or death and other associated damages and injuries. 12-14-2017 20170094911 SR20171214000090 Though roost of the time we can expect to receive quality care I'rom medical professionals, situations do arise where negligence occurs and mistakes happen. Some, examples in the present instance hrclude: - Failure to administer medications properly - Failure to prescribe the con cot medication/dose — Failure to diagnose a medical condition — Misdiagnosis.of 0 medical condition — Anesthesia erroi s - Surgical errors - Failure to order/follow up on lab tests - Pre-Birth injuries ln March, 2016, your patient, Charlotte Keman, upon discovering that she was pregnant in Thailand, presented to Zuckerberg San Francisco General Hospital ("ZSFGH") to confirm her pregnancy, Qn May 10, 2016, she presented for a 12 week scan which showed her baby measuring within normal patameters. She was scheduled for regular visits with her midwife, Margaret Hutchison. She had appointments every 5 weeks (which included bloods, screenings, heart tone and measurements), She had a 20 week scan on June 23, 2016 and the baby was identified as a girl, all measurements were within normal parameters, Ms. Keman spoke with her lvlidwife Margaret about the options of delivering out of hospital, of which she was supportive and suggested Sar. Francisco Birth Center ("SF") and Marin City Birth Center ('tMC"), SF was full for Ms. Kernan's due date, thereby causing her to present to MC. Her last appointment with Midwife Hutchison at ZSFGH was on Scptentber 23, 2016. At 33 weeks, she transferred her care to MC, where she was assigned to midwife, Kiki Jordan, who upon admittuig her at her first appomtment, was able to locate her fetus in a head-dawn positioii. At week 35, Midwife Kiki was unable to confidently feel Ms, Kernan's fetus*s head in the desired position and agreed to check agaiu the following week, before taking any action. The following week she was unable again to feel the fetus's head and feltsure thatthe fetus was in a breech position. Midwife KRi suggested that they look f'r a physician to perform an External Cephalic Version ("ECV*'). The followiug week, on October 21, 2016, Ms. Kernan was registered for an ultrasound at IJCSF Medical Center to confirm the breech position. Once confirmed, Midwife Kiki inovcd to locate a physician who would help. Midwife Kiki spoke to Dr, Juan Vargas, at Zuckerberg San Francisco General Hospital, who told her that they could perform this procedure and Ms. Kernan was registered for an FCV procedure on November 2, 2016. The medical professionals breached the standard of care, which required. them to use the same degree of knowledge, skiU, and ability as an ordinarily careful professional would exercise under similar circumstances, ultimately resulting in Ms. Kernan's 39 1/7 week female fetus to be found without cardiac activity and delivered by vaginal delivery following intrauterine fetal demise, 2017009490 5820171114005393 certain risks When Ms, Kcrnan presented to the hospital, she was informed that there werc complications, preznature labor„ involved with an ECV procedure, which were stated to be: cord placental abruption. natural birth Ms. Kernan indicated to the Doctors that she was a prime candidate for a healthy, and that she wanted to avoid surgery wherever possible and that she did not want to put her child Ms. Keman was at any risk and that she wanted to give her the best chance to be born naturally, 50's'0 successful advised that approximately 6 ECVs per week were performed at ZSFGH, with a turn rate, No risk of death or damage to her baby was ever mentioned. The ECV pmcedure was initially attempted, without an epidural, in a room in the labor ward by Drs. William Winkehnsn and Sara Newmann and was unsuccessful. At that point, Ms, Kernan scheduled C-section the was given an ultimatum — to try again in 2 days or come in for a following day. to do. She Ms. K.ernan was unsatisfied with her options, she felt rushed and was unsure what asked if she could wait and asked if she couki go home and wait a little while as her baby was allow her to go home not yet 411 weeks. She was told that she could not, and that they would not and wait for labor or hope that the baby turns around, She was told again that her options were was a prime to try again or go for a C-section. She once again stated to the Doctors that she possible. She candidate for a healthy, natural bhth and that she wanted to avoid surgery where the re-stated that she did not want to put her child at any risk and that she wanted to give would be baby the best chance to be born naturally, It was decided that a second ECV attempt pursued. Ms. K.ernan went home to rest and presented at ZSFGH on 11/114/lb. She was informed that the head of the department, Dr, Eleanor Dray, was going to attend and that she was "very good*'ith 0 track record in successful turns. Ms, Kernan felt reassmed, Ms. Kernan was then taken into an operating theater and given a spinal epidural, There procedure, were numerous people in the theater, The Doctors began the procedure. During the feel a massive pressure Ms, Kernan was unable to feel the Doctors pushing on her belly, but did Kernan's partner, Joshua and pain in her chest, but was reassured that this was normal. Ms. Moore, 1vas sitting at her head, holding her hand and focusing on talking her through the procedure. Dr. Dray was standing to the left of Ms. Kernan's partner. Ms. Keman noticed, although she could not feel nor sce hcr belly {the table was tilted so that her feetwere higher than her procedure, it looked head), that she could scc Dr. Drcy, From hcr angle, at one point during the as though Dr. Drcy was performing CPR {hard, sharp, jerking movements) on herbdly area, so and pulled them up for much so that Dr, Dray's scrub pants started to fall down and a nurse game Dr. Drcy, Ms, Kernan's fetus'eart rate was monitored throughout, there was a small dip in her heart rate, it came back up, which reassured everyone, it appeared that they were Dr. William Winkelman was assisting Dr. Drey, In thc beginning, and ruled the moving the baby together, but at some point Dr. Drey took over completely procedure successR1. and seen as a There was some excitement around the procedure; being that it was a difficult turn great success. One of the nurses, Nurse Tia, who had been with Ms. Keman, before and during that Dr. Drey had to the procedure, remarked to Ms. Kernan what a tough turn it had been and "really get in therel", Z017009490 5810171314005393 Thereafter, Ms, Kernan was transferred to a room and she and hcr baby were monitored for 40 minutes. She was told that the baby was happy and healthy and that shc co~ld go home once the epidural had worn off and she was able to walk herselt'to thc bathroom. Ms. Kernan was not given any instnictions to count any kicks nor track movements. At approximately 4;00 p,m, Ms, Keman was released from the hospital. That evening Ms. Kernan felt seine movement. The following morning, on Saturday November 6, 2016, Ms, Kernan proceeded to go about her day. While running crt ands (around 11;00 a.m,) she noticed that she wasn't sure if she had felt any movement that morning. She. asked her friend (a roidwife from the UK), who had come to stay with her and Joshua, to have a listen ivhen she got home, She was unable to track a heartbeat. Ms. Kernan then called the hospital and was told her to come in. She went to the hospital, and was initially seen by a nurse„who was unable to find a heartbeat and, at that point, brought in a portable ultrasound machine. Dr Rel&ecca Jackson came to do an ultrasound and was assisted by Dr William Winkelman, Charlotte Kernan was informed that her baby had died. Ms, Kernan was given several options; go home & wait for labor, go home to grieve then oame back at a later time or remain at the hospital and begin the process of labor. Ms, Keman chose to stay at the hospital and begin labor. Ms, Kemsh and Joshua Moore's 39 2/7 week female fetus was found without cardiac activity and was delivered by vaginal delivery following intrauterine. 1'etal demise on Monday morning November 7„2017 at 12.20 a.m. Vpon dehvery, Dr Juan Verges came to spoke with Ms, Kernan, firstly to express his condolences and secondly to inform her that immediately, upon first sight of her baby and placenta, he, could scc no cause of death nor indicators. He asked if the parents would like an autopsy performed, to which they said yes. He stated that hc would be happy to go through the report at a date in the future when they felt ready. An Autopsy Report, with a Provisional Autopsy Diagnosis, with a signout date of November 9, 2016 was issued. A Firial Diagnosis following review of all pathology slides, with a signout date of December 14, 2016, was issued by Patrick Devine, MD, PhD and Rebecca Wolksy MD. Charlotte Kernan and Joshua Moore believe that the health care providers named above and herein had a duty to treat Ms. Kernan and her intrauterine fernale fetus with the degree cf skill, knowledge, and care that other doctors in similar circumstances would use and that they violated that duty. Your failure to exercise reasonable medical care resulted in an unnecessary delay of treatment. , As Ms. Keman's gynecologist and health care providers, it was incumbent upon you to recognize symptoms requiring fruther testing and treatment. You failed to do so. Your failure resulted in Ms. Kernan's loss ofher and Mr. Moore's 39 2/7 female fetus, who was delivered by vaginal delivery following fetal demise, Through proofs, Ms. Kernan will demonstrate that excessive force was used during the procedure by Dr. Drey and that caused the demise of her baby. Further, a brain autopsy should have been perforined, due to the fart that a "sensitizing event" (an aggressive ECV) was performed fess than 24hrs prior to death. As a direct and proximate result of your actions and omissions Ms. Keman and her partner, Joshua Moore, have suffered damages including, hut not limited to: Loss of life Medical bills Z017009490 5820171214005393 Present and future medical costs Lost wages Emotional distress Loss of consortium Fain and suffering this letter to your Ms, Kernan seeks compensation representing the above damages. Please give insurance company immediately. If for any reason we do not hear from you or a representative of letter, we will commence your insurance company within thirty (30) days of your receipt of this legal action. Yours truly, Charlotte Kernan 2017009490 5830171314005393 '|11a-7017 EXHIBIT C ANN H. LARSON (State Bar No. 176461) JOHN C. WON (State Bar No. 242743) CRADDICK, CANDLAND & CONTI A Professional Corporation 2420 Camino Ramon, Suite 202 San Ramon, CA 94583-4202 Telephone: (925) 838-1100 Facsimile: (925) 743-0729 F.-mail: alarson@ccclawfirm.corn Attorneys for Defendants, REGENTS OF THE UNIVERSITY OF CALIFORNIA, ELEANOR DREY, M.D., and WILLIAM WINKELMAN, M.D. 10 IN THE SUPFRIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNI'Y OF SAN FRANCISCO 12 CHARLOTTE KERNAN and JOSH No. CGC-18-564062 MOORE, 13 Plaintiffs, SPECIAL INTERROGATORIES, 14 SET NO. ONK vs. 15 REGENTS OF THE UNIVERSITY OF 16 CALIFORNIA; CITY AND COUNTY OF SAN FRANCISCO; ELFANOR DREY, 17 M.D4 WILLIAM WINKELMA'N, M.D.„ 18 Defendants. 19 20 PROPOUNDING PARTY: Defendant, REGENTS OF THE UNIVERSITY OF C