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1 WILLIAM C. CALLAHAM, ESQ. / SBN: 60728
wcallaham@wilcoxenlaw.com
2 CHRISTOPHER G. ROMERO /SBN: 309164
cromero@wilcoxenlaw.com
3 WILCOXEN CALLAHAM, LLP
2114 K Street
4 Sacramento, CA 95816 12/21/2017
Telephone: (916) 442-2777
5 Facsimile: (916) 44 2-4118
6 Attorneys for Plaintiffs
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9 SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF BUTTE
11 DEBBIE MUNIZ, Case No.: 17CV03652
DEREK O'DELL, by and though his
12 Guardian ad Litem, FRED O'DELL, COMPLAINT FOR MEDICAL
LESTER O'DELL, MALPRACTICE AND WRONGFUL DEATH
13 ANNETTE ESTES,
THERESA BATES,
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Plaintiffs,
15
v.
16 Complaint Filed:
ENLOE MEDICAL CENTER, Trial Date:
17 WALTER KUSUMOTO, M.D., and
DOES 1 through 100, inclusive,
18
Defendants.
19
20 COMES NOW Plaintiffs, DEBBIE MUNIZ, DEREK O'DELL, by and though his
21 Guardian ad Litem, FRED O'DELL, LESTER O'DELL, ANNETTE ESTES, THERESA BATES,
22 and allege against Defendants, ENLOE MEDICAL CENTER, WALTER KUSUMOTO, M.D., and
23 DOES 1 through 100, inclusive, and each of them, as follows:
24 FIRST CAUSE OF ACTION
25 (Medical Negligence/Wrongful Death)
26 1. At all times material herein, Defendants ENLOE MEDICAL CENTER and DOES 1
27 through 25, and each of them, were health care providers, organized and existing under
28 the laws of the State of California, with their principal place of business in the County of
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COMPLAINT FOR MEDICAL MALPRACTICE AND WRONGFUL DEATH
1 Butte, State of California, and are now, and at all times herein mentioned were, engaged in
2 operating and managing a general hospital, clinic and/or medical care facility in the
3 County of Butte, State of California.
4 2. At all times material herein, Defendants, WALTER KUSUMOTO, M.D., and DOES
5 26 through 35, and each of them, were physicians, surgeons, nurses, assistants, andjor
6 other medical practitioners, duly licensed to practice medicine, perform surgery, practice
7 nursing and provide other medical services in the State of California, and held themselves
8 out to possess that degree of skill, ability a nd learning, common to physicians, surgeons,
9 nurses, assistants and/or other medical practitioners in said community.
10 2. Pursuant to Code of Civil Procedure § 364 (a), on or about September 27,
11 2017, Plaintiffs gave notice to Defendants, ENLOE MEDICAL CENTER and WALTER
12 KUSUMOTO, M.D., of their intent to file suit.
13 3. Plaintiffs bring this action as specified in §377.60(a) of the Code of Civil
14 Procedure on behalf of the surviving heirs of ELAINE STEPP, who was 69 years old at the
15 time of her death. The heirs at law and their relationship to the Decedent are as follows:
16 DEBBIE MUNIZ DAUGHTER
17 DEREK O'DELL SON
18 LESTER O'DELL SON
19 ANNETTE ESTES DAUGHTER
20 THERESA BATES DAUGHTER
21 4. The true names and capacities of Defendants, and each of them, sued herein as
22 DOES 1 through 100, inclusive, are presently unknown to Plaintiffs, who therefore sue said
23 Defendants by such fictitious names, pursuant to Code of Civil Procedure §4 7 4 . Plaintiffs
24 are informed and believe and thereon allege that the fictitiously named Defendants, and
25 each of them, were negligent or in some manner legally responsible to Plaintiffs for the
26 events and happenings herein referred to and proximately caused damages to Plaintiffs as
27 set forth herein. Plaintiffs will seek leave of court to amend this complaint to insert the
28 true names and capacities of said fictitiously named Defendants, and each of them, when
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COMPLAINT FOR MEDICAL MALPRACTICE AND WRONGFUL DEATH
1 the same have been ascertained.
2 5. Plaintiffs are informed and believe and thereon allege that each of the
3 Defendants was the actual agent, and/or ostensible agent, and/or apparent agent, partner,
4 joint venturer, co-conspirator, lessor, lessee, and/or employee of each of the remaining
5 Defendants, and others named herein as DOE Defendants, and in doing the acts or things
6 alleged herein were acting within the course and scope of such agency, employment
7 and/or other relationship stated herein.
8 6. On or about January 25, 2017, Decedent employed Defendants, ENLOE
9 MEDICAL CENTER, WALTER KUSUMOTO, M.D., and DOES 1 through 100 for medical needs
10 and/or necessities. Said Defendants, and each of them, at said time and place, undertook
11 said employment and/or undertook and agreed to diagnose, care and treat Decedent,
12 ELAINE STEPP, and to do all things necessary and proper in connection therewith. Said
13 Defendants, and each of them, agreed to provide such medical attention for compensation
14 for which Decedent, ELAINE STEPP, agreed to pay.
15 7. In the course of providing medical services, attention, treatment and/or care
16 to Decedent, ELAINE STEPP, Defendants, individually and/or while acting by and through
17 their actual or ostensible agents, employees, joint venturers, partners, and/or co-
18 conspirators, named or unnamed as Defendants herein, failed to exercise that degree of
19 due care and/or skill common to medical practitioners and/or health care providers in
20 said community and/or geographical area, thereby breaching the duty owed by said
21 Defendants, and each of them, to Decedent, ELAINE STEPP. Further, said Defendants, and
22 each of them, so negligently treated, cared for, diagnosed, obtained informed consent,
23 failed to obtain informed consent, prescribed and/or failed to prescribe and/or monitor
24 proper medication and/or treatment, advised, examined, made and/or failed to make
25 disclosure of relevant information, or otherwise acted negligently toward Decedent. Said
26 negligence includes but is not limited to, the failure to evaluate, treat, monitor, care for,
27 andjor diagnose Decedent, ELAINE STEPP, before, during and after replacement of a right
28 ventricular lead. As a direct and legal result of such negligence, Defendants failed to
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COMPLAINT FOR MEDICAL MALPRACTICE AND WRONGFUL DEATH
1 appropriately and properly appreciate and/or respond to an intraoperative complication
2 resulting from Decedent's cardiac catheterization. That intraoperative complication
3 includes, but is not limited to, laceration of the superior vena cava, causing Decedent's
4 death on January 25, 2017.
5 8. As a direct and legal result of the negligence and/or other wrongdoing of
6 Defendants, and each of them, and the death of the Decedent, Plaintiffs sustained non-
7 economic damages consisting of loss of the Decedent's love, companionship, comfort, care,
8 assistance, protection, affection, society, and moral support.
9 9. Plaintiffs also sustained economic damages including loss of household
10 services, funeral and burial expenses, and all incidental expenses and compensatory
11 damages, as permitted by law. (See CCP §685.010(a) and CCP §3291.) Plaintiffs will seek
12 leave of court to amend this Complaint to set forth the amount of said damages, according
13- to proof at trial, together with interest and/or prejudgment interest thereon at the legal
14 lawful rate.
15 WHEREFORE, Plaintiffs, DEBBIE MUNIZ, DEREK O'DELL, by and though his
16 Guardian ad Litem, FRED O'DELL, LESTER O'DELL, ANNETTE ESTES, and THERESA
17 BATES, pray for judgment against Defendants, ENLOE MEDICAL CENTER, WALTER
18 KUSUMOTO, M.D., and DOES 1 through 100, and each of them, as follows:
19 1. General damages in excess of the minimum jurisdiction of the court,
20 according to proof at trial;
21 2. Special damages in an amount to be ascertained according to proof;
22 3. Funeral and burial expenses, according to proof;
23 4. Incidental expenses incurred as a result of the above incident;
24 5. All loss of decedents care and support, according to proof;
25 6. For interest and/or prejudgment interest on all damages sought andjor
26 incurred herein, at the legal, lawful rate;
27 II
28 II
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COMPLAINT FOR MEDICAL MALPRACTICE AND WRONGFUL DEATH
1 7. For costs of suit incurred herein; and
2 8. For such other and further relief as may be proper.
3 DATED: December 21,2017
4 WILCOXEN CALLAHAM, LLP
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COMPLAINT FOR MEDICAL MALPRACTICE AND WRONGFUL DEATH
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1 WILLIAM C. CALLAHAM, ESQ. / SBN: 60728 wcallaham@wilcoxenlaw.com 2 CHRISTOPHER G. ROMERO /SBN: 309164 cromero@wilcoxenlaw.com 3 WILCOXEN CALLAHAM, LLP 2114 K Street 4 Sacramento, CA 95816 12/21/2017 Telephone: (916) 442-2777 5 Facsimile: (916) 44 2-4118 6 Attorneys for Plaintiffs 7 8 9 SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF BUTTE 11 DEBBIE MUNIZ, Case No.: 17CV03652 DEREK O'DELL, by and though his 12 Guardian ad Litem, FRED O'DELL, COMPLAINT FOR MEDICAL LESTER O'DELL, MALPRACTICE AND WRONGFUL DEATH 13 ANNETTE ESTES, THERESA BATES, 14 Plaintiffs, 15 v. 16 Complaint Filed: ENLOE MEDICAL CENTER, Trial Date: 17 WALTER KUSUMOTO, M.D., and DOES 1 through 100, inclusive, 18 Defendants. 19 20 COMES NOW Plaintiffs, DEBBIE MUNIZ, DEREK O'DELL, by and though his 21 Guardian ad Litem, FRED O'DELL, LESTER O'DELL, ANNETTE ESTES, THERESA BATES, 22 and allege against Defendants, ENLOE MEDICAL CENTER, WALTER KUSUMOTO, M.D., and 23 DOES 1 through 100, inclusive, and each of them, as follows: 24 FIRST CAUSE OF ACTION 25 (Medical Negligence/Wrongful Death) 26 1. At all times material herein, Defendants ENLOE MEDICAL CENTER and DOES 1 27 through 25, and each of them, were health care providers, organized and existing under 28 the laws of the State of California, with their principal place of business in the County of {00 148922} -1- COMPLAINT FOR MEDICAL MALPRACTICE AND WRONGFUL DEATH 1 Butte, State of California, and are now, and at all times herein mentioned were, engaged in 2 operating and managing a general hospital, clinic and/or medical care facility in the 3 County of Butte, State of California. 4 2. At all times material herein, Defendants, WALTER KUSUMOTO, M.D., and DOES 5 26 through 35, and each of them, were physicians, surgeons, nurses, assistants, andjor 6 other medical practitioners, duly licensed to practice medicine, perform surgery, practice 7 nursing and provide other medical services in the State of California, and held themselves 8 out to possess that degree of skill, ability a nd learning, common to physicians, surgeons, 9 nurses, assistants and/or other medical practitioners in said community. 10 2. Pursuant to Code of Civil Procedure § 364 (a), on or about September 27, 11 2017, Plaintiffs gave notice to Defendants, ENLOE MEDICAL CENTER and WALTER 12 KUSUMOTO, M.D., of their intent to file suit. 13 3. Plaintiffs bring this action as specified in §377.60(a) of the Code of Civil 14 Procedure on behalf of the surviving heirs of ELAINE STEPP, who was 69 years old at the 15 time of her death. The heirs at law and their relationship to the Decedent are as follows: 16 DEBBIE MUNIZ DAUGHTER 17 DEREK O'DELL SON 18 LESTER O'DELL SON 19 ANNETTE ESTES DAUGHTER 20 THERESA BATES DAUGHTER 21 4. The true names and capacities of Defendants, and each of them, sued herein as 22 DOES 1 through 100, inclusive, are presently unknown to Plaintiffs, who therefore sue said 23 Defendants by such fictitious names, pursuant to Code of Civil Procedure §4 7 4 . Plaintiffs 24 are informed and believe and thereon allege that the fictitiously named Defendants, and 25 each of them, were negligent or in some manner legally responsible to Plaintiffs for the 26 events and happenings herein referred to and proximately caused damages to Plaintiffs as 27 set forth herein. Plaintiffs will seek leave of court to amend this complaint to insert the 28 true names and capacities of said fictitiously named Defendants, and each of them, when {0 0148922} -2- COMPLAINT FOR MEDICAL MALPRACTICE AND WRONGFUL DEATH 1 the same have been ascertained. 2 5. Plaintiffs are informed and believe and thereon allege that each of the 3 Defendants was the actual agent, and/or ostensible agent, and/or apparent agent, partner, 4 joint venturer, co-conspirator, lessor, lessee, and/or employee of each of the remaining 5 Defendants, and others named herein as DOE Defendants, and in doing the acts or things 6 alleged herein were acting within the course and scope of such agency, employment 7 and/or other relationship stated herein. 8 6. On or about January 25, 2017, Decedent employed Defendants, ENLOE 9 MEDICAL CENTER, WALTER KUSUMOTO, M.D., and DOES 1 through 100 for medical needs 10 and/or necessities. Said Defendants, and each of them, at said time and place, undertook 11 said employment and/or undertook and agreed to diagnose, care and treat Decedent, 12 ELAINE STEPP, and to do all things necessary and proper in connection therewith. Said 13 Defendants, and each of them, agreed to provide such medical attention for compensation 14 for which Decedent, ELAINE STEPP, agreed to pay. 15 7. In the course of providing medical services, attention, treatment and/or care 16 to Decedent, ELAINE STEPP, Defendants, individually and/or while acting by and through 17 their actual or ostensible agents, employees, joint venturers, partners, and/or co- 18 conspirators, named or unnamed as Defendants herein, failed to exercise that degree of 19 due care and/or skill common to medical practitioners and/or health care providers in 20 said community and/or geographical area, thereby breaching the duty owed by said 21 Defendants, and each of them, to Decedent, ELAINE STEPP. Further, said Defendants, and 22 each of them, so negligently treated, cared for, diagnosed, obtained informed consent, 23 failed to obtain informed consent, prescribed and/or failed to prescribe and/or monitor 24 proper medication and/or treatment, advised, examined, made and/or failed to make 25 disclosure of relevant information, or otherwise acted negligently toward Decedent. Said 26 negligence includes but is not limited to, the failure to evaluate, treat, monitor, care for, 27 andjor diagnose Decedent, ELAINE STEPP, before, during and after replacement of a right 28 ventricular lead. As a direct and legal result of such negligence, Defendants failed to {00148922} -3- COMPLAINT FOR MEDICAL MALPRACTICE AND WRONGFUL DEATH 1 appropriately and properly appreciate and/or respond to an intraoperative complication 2 resulting from Decedent's cardiac catheterization. That intraoperative complication 3 includes, but is not limited to, laceration of the superior vena cava, causing Decedent's 4 death on January 25, 2017. 5 8. As a direct and legal result of the negligence and/or other wrongdoing of 6 Defendants, and each of them, and the death of the Decedent, Plaintiffs sustained non- 7 economic damages consisting of loss of the Decedent's love, companionship, comfort, care, 8 assistance, protection, affection, society, and moral support. 9 9. Plaintiffs also sustained economic damages including loss of household 10 services, funeral and burial expenses, and all incidental expenses and compensatory 11 damages, as permitted by law. (See CCP §685.010(a) and CCP §3291.) Plaintiffs will seek 12 leave of court to amend this Complaint to set forth the amount of said damages, according 13- to proof at trial, together with interest and/or prejudgment interest thereon at the legal 14 lawful rate. 15 WHEREFORE, Plaintiffs, DEBBIE MUNIZ, DEREK O'DELL, by and though his 16 Guardian ad Litem, FRED O'DELL, LESTER O'DELL, ANNETTE ESTES, and THERESA 17 BATES, pray for judgment against Defendants, ENLOE MEDICAL CENTER, WALTER 18 KUSUMOTO, M.D., and DOES 1 through 100, and each of them, as follows: 19 1. General damages in excess of the minimum jurisdiction of the court, 20 according to proof at trial; 21 2. Special damages in an amount to be ascertained according to proof; 22 3. Funeral and burial expenses, according to proof; 23 4. Incidental expenses incurred as a result of the above incident; 24 5. All loss of decedents care and support, according to proof; 25 6. For interest and/or prejudgment interest on all damages sought andjor 26 incurred herein, at the legal, lawful rate; 27 II 28 II {001 48922} -4- COMPLAINT FOR MEDICAL MALPRACTICE AND WRONGFUL DEATH 1 7. For costs of suit incurred herein; and 2 8. For such other and further relief as may be proper. 3 DATED: December 21,2017 4 WILCOXEN CALLAHAM, LLP 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 {0 01 48922} -5- COMPLAINT FOR MEDICAL MALPRACTICE AND WRONGFUL DEATH