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Claim of Kris Okumu, MD ) CLAIM FOR PERSONAL INJURIES
)
against ) (GOVERNMENT CODE § 910)
)
Pajaro Valley Health Care District )
and Watsonville Community Hospital )
TO THE BOARD BOARD OF DIRECTORS (or other governing body)and
John Freil, Chair of BOARD OF DIRECTORS of Pajaro Valley Health
Care District (PVHCD, and Matko Vranjes, Interim CEO,
Watsonville Community Hospital.
You are hereby notified that Kris Okumu, MD (“Claimant”) whose
address is 56B 5th Street, Unit 3892, Carmel by the Sea, CA 9321,
claims damages from the Pajaro Valley Health Care District and
Watsonville Community Hospital in the amount computed as of the
date of presentation of this claim of $5,714,792.00
This claim is based on personal injuries sustained by claimant
on or about September 14, 2023, in the vicinity of Watsonville
Community Hospital, 75 Nielson St, Watsonville, CA 95076, under
the following circumstances:
1. Claimant has been employed as a physician by Coastal Health
Partners (“Medical Group”), since November 1, 2021. Medical
Group. Claimant provides professional health care services to
patients of the clinic in his specialty and performs surgery
on the clinic patients at Watsonville Community Hospital
(“Hospital”), which is owned and operated by Pajaro Valley
Health Care District (“District”), since it acquired the
Hospital on September 1, 2022.
2. (“District”) is a health care district organized pursuant to
the California Local Healthcare District Law, and owns and
operates clinics providing primary and specialty care under
California Health & Safety Code 1206(b)
3. District is responsible for all business operations related
to operation of the Clinic, including but not limited to
personnel management, billing and payroll functions.
4. On April 19, 2021, claimant received an email from the
medical device manufacturer concerning a spine surgery
operating table at Watsonville Community Hospital after
requesting in-service training session for the operating room
staff. The in-service was requested to train the staff, to
use a safety feature of the table that would not require
claimant or staff to lift patients to position them on the
operating room table. Claimant was informed by the medical
device company representative that the operating room table
was obsolete, end-of life, and no longer serviceable, and was
dangerous for use with patients. As such, they could not
perform an in-service to demonstrate how to use the key
safety feature of the table. The representative informed
claimant that a report had been sent to the hospital
administration and the table had markings placed on it that
indicated it was unsafe, but they were removed by the
hospital.
5. On April 19, 2021, claimant discussed this with and forwarded
the email to his direct supervisor, a hospital employee, who
then forwarded it to the hospital administration.
6. On May 7, 2021, an email was sent circulated amongst all the
hospital administrators and included claimant in the email
thread, about the need to address the situation as soon as
possible. The operating room table was never replaced.
7. Claimant has an employment contract that will convert from a
salaried position, to one that is RVU productivity-based, and
the period of salary guarantee has been extended for 3 years
since the date he started employment on November 1, 2021.
However, with each extension, claimant has been informed that
because his RVUs have not been what was projected for various
reasons, he would have a significant drop in income once the
contract moved to a purely productivity based.
8. Claimant is a surgeon and the inferred pressure to increase
productivity by the hospital administration left him no
choice but to continue using the defective and dangerous
operating room table that had not been replaced.
9. On September 14, 2022, claimant was preparing perform a
complex spine surgery on patient. The hospital was short-
staffed and claimant, in order to take care of the patient
and proceed with the surgery, assisted in lifting and turning
the patient weighing 250 lbs. The patient’s entire weight
fell into claimant’s arms as the patient was turned prone,
and he felt an immediate tearing sensation in his left
shoulder and elbow, and had acute onset of pain in his left
shoulder and elbow. Claimant finished positioning the
patient, took some anti-inflammatory medication, and
completed the patient’s surgery successfully.
10. Claimant reported the injury to the Human Resources
department at the Hospital which manages these issues for the
medical group on October 31, 2022 and on November 1,2022 was
sent an injury package which he completed and returned.
11. Claimant again reported the need to replace the operating
room table so that the safety feature that could prevent this
injury from occurring could be used.
12. In April 2023, the claimaint had an MRI of his shoulder
performed after his shoulder pain had reached the point that
it was affecting his ability to operate, and discovered he
had a rotator cuff tear that required surgery.
13. The claimant underwent surgery on June 6, 2023 and at his
post-operative visit, was informed by his surgeon that his
rotator cuff was intact, however, he had a large posterior
labral tear and severe erosion of the cartilage in his
shoulder. He was informed that because of the damage seen,
it was very possible that he would require a shoulder
replacement in 5 years. It was only then that the claimant
discovered the true extent of his injuries and that they
would affect his ability to continue to work as a surgeon
once it progressed to the point of needing a total shoulder
replacement.
14. Claimant was away from work from May 25, 2023 to August 17,
2023 and during his absence, he no longer received a salary
despite requesting this as he was injured because of the the
hospital’s gross negligence in failing to replace the
defective table that would have prevented his injury.
Claimant instead was forced to exhaust his PTO and sick
leave, and was paid the maximum allowable by Worker’s
Compensation policy of the Medical Group, which amounted to
1/6th of his usual income. When claimant requested that the
hospital make up the difference in his income, but received
no response.
15. On August 17, 2023, the claimant returned to work and while
his shoulder is stable but he continues to have pain and
weakness in his left shoulder and elbow.
The amount claimed, as of the date of presentation of this
claim, is computed as follows:
Damages incurred to date:
Loss of earnings:
($178,263 + $28,000) - $18,041.96 = $188,221.04
Salary + Call Pay - WC Disability
Special damages:
PTO used in absence: $43,801.73
TOTAL DAMAGES INCURRED TO
DATE: $231,302.77
Estimated prospective damages as far as known:
Future loss of earnings $5,483,490.00
TOTAL ESTIMATED PROSPECTIVE
DAMAGES: $5,483,490.00
TOTAL AMOUNT CLAIMED AS OF DATE OF PRESENTATION OF THIS
CLAIM: $5,714,792.00
Jurisdiction over the claim would rest in superior court. This
claim is not a limited civil case.
All notices or other communications with regard to this claim
should be sent to claimant at: 56Bth 5th Street, Unit 3892,
Carmel by the Sea, CA 93921
Dated: September 13, 2023
____________________________
Signature
Kris Okumu, MD
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Claim of Kris Okumu, MD ) CLAIM FOR PERSONAL INJURIES ) against ) (GOVERNMENT CODE § 910) ) Pajaro Valley Health Care District ) and Watsonville Community Hospital ) TO THE BOARD BOARD OF DIRECTORS (or other governing body)and John Freil, Chair of BOARD OF DIRECTORS of Pajaro Valley Health Care District (PVHCD, and Matko Vranjes, Interim CEO, Watsonville Community Hospital. You are hereby notified that Kris Okumu, MD (“Claimant”) whose address is 56B 5th Street, Unit 3892, Carmel by the Sea, CA 9321, claims damages from the Pajaro Valley Health Care District and Watsonville Community Hospital in the amount computed as of the date of presentation of this claim of $5,714,792.00 This claim is based on personal injuries sustained by claimant on or about September 14, 2023, in the vicinity of Watsonville Community Hospital, 75 Nielson St, Watsonville, CA 95076, under the following circumstances: 1. Claimant has been employed as a physician by Coastal Health Partners (“Medical Group”), since November 1, 2021. Medical Group. Claimant provides professional health care services to patients of the clinic in his specialty and performs surgery on the clinic patients at Watsonville Community Hospital (“Hospital”), which is owned and operated by Pajaro Valley Health Care District (“District”), since it acquired the Hospital on September 1, 2022. 2. (“District”) is a health care district organized pursuant to the California Local Healthcare District Law, and owns and operates clinics providing primary and specialty care under California Health & Safety Code 1206(b) 3. District is responsible for all business operations related to operation of the Clinic, including but not limited to personnel management, billing and payroll functions. 4. On April 19, 2021, claimant received an email from the medical device manufacturer concerning a spine surgery operating table at Watsonville Community Hospital after requesting in-service training session for the operating room staff. The in-service was requested to train the staff, to use a safety feature of the table that would not require claimant or staff to lift patients to position them on the operating room table. Claimant was informed by the medical device company representative that the operating room table was obsolete, end-of life, and no longer serviceable, and was dangerous for use with patients. As such, they could not perform an in-service to demonstrate how to use the key safety feature of the table. The representative informed claimant that a report had been sent to the hospital administration and the table had markings placed on it that indicated it was unsafe, but they were removed by the hospital. 5. On April 19, 2021, claimant discussed this with and forwarded the email to his direct supervisor, a hospital employee, who then forwarded it to the hospital administration. 6. On May 7, 2021, an email was sent circulated amongst all the hospital administrators and included claimant in the email thread, about the need to address the situation as soon as possible. The operating room table was never replaced. 7. Claimant has an employment contract that will convert from a salaried position, to one that is RVU productivity-based, and the period of salary guarantee has been extended for 3 years since the date he started employment on November 1, 2021. However, with each extension, claimant has been informed that because his RVUs have not been what was projected for various reasons, he would have a significant drop in income once the contract moved to a purely productivity based. 8. Claimant is a surgeon and the inferred pressure to increase productivity by the hospital administration left him no choice but to continue using the defective and dangerous operating room table that had not been replaced. 9. On September 14, 2022, claimant was preparing perform a complex spine surgery on patient. The hospital was short- staffed and claimant, in order to take care of the patient and proceed with the surgery, assisted in lifting and turning the patient weighing 250 lbs. The patient’s entire weight fell into claimant’s arms as the patient was turned prone, and he felt an immediate tearing sensation in his left shoulder and elbow, and had acute onset of pain in his left shoulder and elbow. Claimant finished positioning the patient, took some anti-inflammatory medication, and completed the patient’s surgery successfully. 10. Claimant reported the injury to the Human Resources department at the Hospital which manages these issues for the medical group on October 31, 2022 and on November 1,2022 was sent an injury package which he completed and returned. 11. Claimant again reported the need to replace the operating room table so that the safety feature that could prevent this injury from occurring could be used. 12. In April 2023, the claimaint had an MRI of his shoulder performed after his shoulder pain had reached the point that it was affecting his ability to operate, and discovered he had a rotator cuff tear that required surgery. 13. The claimant underwent surgery on June 6, 2023 and at his post-operative visit, was informed by his surgeon that his rotator cuff was intact, however, he had a large posterior labral tear and severe erosion of the cartilage in his shoulder. He was informed that because of the damage seen, it was very possible that he would require a shoulder replacement in 5 years. It was only then that the claimant discovered the true extent of his injuries and that they would affect his ability to continue to work as a surgeon once it progressed to the point of needing a total shoulder replacement. 14. Claimant was away from work from May 25, 2023 to August 17, 2023 and during his absence, he no longer received a salary despite requesting this as he was injured because of the the hospital’s gross negligence in failing to replace the defective table that would have prevented his injury. Claimant instead was forced to exhaust his PTO and sick leave, and was paid the maximum allowable by Worker’s Compensation policy of the Medical Group, which amounted to 1/6th of his usual income. When claimant requested that the hospital make up the difference in his income, but received no response. 15. On August 17, 2023, the claimant returned to work and while his shoulder is stable but he continues to have pain and weakness in his left shoulder and elbow. The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date: Loss of earnings: ($178,263 + $28,000) - $18,041.96 = $188,221.04 Salary + Call Pay - WC Disability Special damages: PTO used in absence: $43,801.73 TOTAL DAMAGES INCURRED TO DATE: $231,302.77 Estimated prospective damages as far as known: Future loss of earnings $5,483,490.00 TOTAL ESTIMATED PROSPECTIVE DAMAGES: $5,483,490.00 TOTAL AMOUNT CLAIMED AS OF DATE OF PRESENTATION OF THIS CLAIM: $5,714,792.00 Jurisdiction over the claim would rest in superior court. This claim is not a limited civil case. All notices or other communications with regard to this claim should be sent to claimant at: 56Bth 5th Street, Unit 3892, Carmel by the Sea, CA 93921 Dated: September 13, 2023 ____________________________ Signature Kris Okumu, MD