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I SKAPIK LAW GROUP
Mark J. Skapik (SBN 164957)
2 Geralyn L. Skapik (SBN 145055)
Blair J. Berkley (SBN 222293)
3 Matthew T. Falkenstein (SBN 333302)
5861 Pine Avenue, Suite A-I
4 Chino Hills, California 91709
Telephone: (909) 398-4404
5 Facsimile: (909) 398-1883
6 Attorneys for Plaintiff
JESSE DUENAS
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF RIVERSIDE, HISTORIC COURTHOUSE
10
11 JESSE DUENAS, an individual; Case No.:
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Plaintiff, COMPLAINT FOR:
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vs. 1. Professional negligence (medical malpractice)
14 2. Medical battery
15 COUNTY OF RIVERSIDE; AARTI CHAWLA
MITTAL, D.O., an individual; and DOES I
16 through 10, inclusive,
17
Defendants.
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19 Plaintiff JESSE DUENAS ("Plaintiff") alleges as follows:
20 1. Plaintiff is an individual and inmate at the California Rehabilitation Center, Norco,
21 California 92860.
22 2. Defendant COUNTY OF RIVERSIDE (" COUNTY") is a division of the State of
23 California. COUNTY operates the Riverside University Health System Medical Center ("RUHS-MC")
24 located at 26520 Cactus Avenue, Moreno Valley, California 92555.
25 3. Plaintiff is informed and believes and thereon alleges that Defendant Aarti Chawla
26 Mittal, D.O. ("MITTAL"), is an individual, resident of Riverside County, and doctor of osteopathic
27 medicine practicing at RUHS-MC.
-I-
COMPLAINT
4. The true names and capacities, whether individual, corporate, or otherwise, of Defendants
DOE I through 10, inclusive, are unknown to Plaintiff at this time who, therefore, sues these Defendants
by such fictitious names pursuant to Code of Civil Procedure section 474. When the true names and
capacities of these Defendants are ascertained, Plaintiff will amend this Complaint to allege their true
names and capacities.
S. Plaintiff is informed and believes and thereon alleges that at all times relevant Defendants
MITTAL and DOES I through 10 were the employees and agents of Defendant COUNTY and, in doing
the things alleged in the following paragraphs, were acting within the course and scope of that agency.
6. Plaintiff is informed and believes and thereon alleges that in doing the things alleged in
10 the following paragraphs, Defendants MITTAL and DOES I through 10 acted with the prior approval of
COUNTY.
12 VENUE
13 7. This court is the proper court because Defendant COUNTY is a resident of the County of
14 Riverside.
GENERAL ALLEGATIONS
16 8. Plaintiff is an inmate at the California Rehabilitation Center, Norco, California 92860
17 ("Norco Prison").
18 9. On or about May 10, 2021, Plaintiff suffered a nose injury at the Norco Prison. He was
19 taken to the prison infirmary and given an ice pack.
20 10. On May 12, 2021, as a proximate result of the nose injury and an earlier nasal-cavity
21 injury resulting Irom a gunshot wound, Plaintiff suffered a continuous, posterior, and heavy nosebleed.
22 On or about May 12, 2021, Plaintiff was taken to the emergency department at Riverside University
23 Health System Medical Center ("RUHS-MC"). Although Plaintiff disclosed his prior nasal-cavity
24 injury, he was not seen by a physician and no scans were taken. Afrin spray was prescribed, but the
25 bleeding did not stop.
26 11, From May 12, 2021, through May 20, 2021, Plaintiff was transported &om the Norco
27 Prison to the emergency department at RUHS-MC three times and the emergency department at Corona
Regional Medical Center one time.
-2-
COMPLAINT
I 12. On May 18, 2021, an emergency-department physician at RUHS-MC cauterized portions
2 of Plaintiff's nasal cavity to stop the bleeding. The cauterization was unsuccessful.
3 13. Finally, on May 20, 2021, at RUHS-MC, Defendant MITTAL told Plaintiff ofhis
4 intention to install Rhino Rocket (by Summit Medical) nasal packing in Plaintiff's nasal cavity to
5 control the nosebleed. As a consequence of an earlier nasal-cavity injury resulting from a gunshot
6 wound, Plaintiff specifically refused to consent to installation of Rhino Rocket nasal packing and
7 requested to see an ear-nose-and-throat ("ENT") specialist. MITTAL refused to refer Plaintiff to an
8 ENT specialist.
9 14. Although Plaintiff had refused his consent to installation of the Rhino Rocket nasal
10 packing, and Dr. MITTAL had been unable to obtain Plaintiff s medical records from Norco Prison,
11 MITTAL nevertheless intentionally and deliberately installed Rhino Rocket nasal packing.
12 15, Plaintiff is informed and believes and thereon alleges that Rhino Rocket nasal packing
13 provides mucosal compression, absorbs moisture, and swells to six times its compressed diameter.
14 16. When the Rhino Rocket was installed, Plaintiff suffered heavy bleeding and an almost
15 immediate loss of vision in his right eye.
16 17. On or about May 20, 2021, Plaintiff experienced difficulty breathing and was rendered
17 unconscious. He was transferred to the RUHS-MC intensive care unit ("ICU") and put on a ventilator.
18 18. On or about May 25, 2021, Plaintiff regained consciousness and was moved out of the
19 ICU.
20 19. On or about June 4, 2021, at RUHS-MC, Dr. Parks removed the Rhino Rocket nasal
21 packing.
22 20. Plaintiff was later seen by Dr. Richard Kim, an ophthalmologist at RUHS-MC. Dr. Kim
23 determined that the Rhino Rocket nasal packing was contra-indicated and had migrated and punctured
24 Plaintiff's right eyeball, resulting in permanent blindness in the right eye.
25 21. As a proximate result of Defendants'cts and omissions in the period May 12, 2021,
26 through June 6, 2021, Plaintiff suffers permanent blindness in his right eye.
27 ///
28 ///
-3-
COiVIPLAlNT
FIRST CAUSE OF ACTION
3 MEDICAL MALPRACTICE
(By Plaintiff Against All Defendants)
5 22. Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 21 as
6 though fully set forth herein.
7 23. At all relevant times, Defendant MITTAL was a physician and licensed to practice
8 medicine under the laws of the State of California and was engaged in the practice of medicine in
9 Riverside County.
10 24. At all times relevant, Plaintiff was a patient of Defendants MITTAL and COUNTY, and
11 Defendants agreed to perform for Plaintiff all the services necessary to Plaintiff's care including
12 examinations, evaluations, studies, research, diagnostic tests, consultations, diagnosis, and treatment. In
13 so caring for Plaintiff, each Defendant established a relationship with Plaintiff giving rise to each
14 Defendant's duty to provide skillful, knowledgeable, and professional management of his health
15 conditions, including required examinations, evaluations, studies, research, diagnostic tests,
16 consultations, diagnosis, care, and treatment.
17 25. Defendants failed to exercise that degree of care, skill, and diligence commonly exercised
18 in the community under the same or similar circumstances by other physicians and surgeons similarly
19 trained in that, among other things:
20 a. On May 12, 2021, Defendants failed to scan Plaintiff s nose and cause Plaintiff to
21 be examined by a physician while Plaintiff was suffering a continuous, posterior, and heavy nosebleed.
22 b. Defendants failed to refer Plaintiff to an ENT specialist in the period May 12,
23 2021, to June 3, 2021, while Plaintiff was suffering a continuous, posterior, and heavy nosebleed.
24 c. On or about May 20, 2021, MITTAL installed Rhino Rocket (by Summit
25 Medical) nasal packing in Plaintiff s nasal cavity before he had obtained and reviewed Plaintiff's
26 medical records from Norco Prison.
27
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-4-
COMPLAINT
d. On or about May 20, 2021, MITTAL installed Rhino Rocket nasal packing while,
as a result of Plaintiff's prior nasal-cavity injuries and medical history, Rhino Rocket nasal packing was
contra-indicated.
e. On or about May 20, 2021, MITTAL negligently and carelessly installed Rhino
Rocket nasal packing.
26. As a direct and proximate result of the acts and omissions of Defendants, and each of
them, Plaintiff suffered serious injuries (including permanent blindness in his right eye) and incurred
damages.
27. On October 6, 2021, Plaintiff's counsel sent Defendants notice of intention to commence
10 action pursuant to Code of Civil Procedure section 364. A true and correct copy of the notice of
intention to commence action is attached hereto as Exhibit 1.
12 28. On October 6, 2021, in compliance with Governraent Code sections 900 through 915.4,
13 Plaintiff presented to COUNTY a written claim for injuries and damages suffered as a result of
14 Defendants'edical malpractice occurring from May 12, 2021, through June 6, 2021. A true and
15 correct copy of the claim for damages is attached hereto as Exhibit 2.
16 29. On November 2, 202'1, COUNTY rejected Plaintiff's tort claim. A true and correct copy
17 of the Notice of Rejection of Claim is attached hereto as Exhibit 3.
18
19 SECOND CAUSE OF ACTION
20 BATTERY
21 (By Plaintiff Against MITTAL)
22 30. Plaintiff incorporates by reference the allegations contained in paragraphs I through 29 as
23 though fully set forth herein.
24 31. On May 20, 2021, Plaintiff was at the RUHS-MC for treatment of a continuous and
25 heavy nosebleed.
26 32. Defendant MITTAL expressed his intention to install Rhino Rocket (by Summit Medical)
27 nasal packing in Plaintiff's nasal cavity to control the nosebleed.
28
-5-
COMPLAINT
33. As a consequence of an earlier nasal-cavity injury resulting from a gunshot wound,
Plaintiff specifically refused to consent to install Rhino Rocket nasal packing and requested to see an
ENT specialist. MITTAL refused to refer Plaintiff to an ENT specialist.
34. Although Plaintiffhad refused his consent to installation of tbe Rhino Rocket nasal
packing, MITTAL nevertheless intentionally and deliberately installed Rhino Rocket nasal packing,
35. As a proximate result of MITTAL's installation of the Rhino Rocket nasal packing
without Plaintiff's consent, Plaintiff suffered serious injuries (including permanent blindness in his right
eye) and incurred damages.
THEREFORE, Plaintiff prays for judgment against Defendants as follows:
10 ON THE FIRST CAUSE OF ACTION (MEDICAL MALPRACTICE)
1. For general damages;
12 2. For future lost earnings and lost earning capacity;
13 3. For special damages;
4. For costs of suit; and
15 5. For such other and further relief as the court may deem proper.
16 ON THE SECOND CAUSE OF ACTION (BATTERY)
17 6. For general damages;
18 7. For medical and related expenses;
19 8. For future lost earnings and lost earning capacity;
20 9. For special damages;
21 10. For costs of suit; and
22 11. For such other and further relief as the court may deem proper.
23 SKAPIK LAW GROUP
25
26 Dated: January 12, 2022
Mark J. Skapik
27 Attorneys for JESSE DUENAS
28
-6-
COMPLAINT
JURY DEMAND
Plaintiff hereby demands axial by jury.
SKAPIK LAW GROUP
Dated: January 12, 2022 „4A Mark J.
~
Skapik
Attorneys for JESSE DUENAS
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-7-
COMPLAINT
EXHIBIT 1
SKAPIX LAW; GROUP
ATTORNEYS
October 6, 2021
Clerk of the Board of Supervisors Aarti Chawla Mittal, D.O.
Attention: Claims Division P.O. Box 7270
P.O. Box 1147 Moreno Valley, CaIifomia 92552-7270
4080 Lemon Street, First Floor
Riverside, California 92502-1147
Re: Jesse Duenas v. Couniy ofRiverside, Aarti Chawla Afittal, D.O.
Notice of Intention to Commence Action
(C.C.P.II 364)
Dear Sir/Madame:
Jesse Duenas (" Plaintiff" ) is an inmate at the California Rehabilitation Center in Norco,
California ("Norco Prison" ). On May 10, 2021, Plaintiff suffered a nose injury and heavy nosebleed.
An earlier 1990 s gunshot wound in the face damaged Plaintiff s nasal cavity.
On May 18, 2021, Plaintiff presented at Riverside University Health System Medical Center
("RUHS-MC") with a heavy nosebleed. An emergency deparnnent physician cauterized portions of
Plaintiff s nasal cavity to stop the bleeding. The cauterization was unsuccessful in slowing the
bleeding.
On May 20, 2021, Aarti Chawla Mittal, D.O., expressed to Plaintiff an intention to install Rhino
Rocket (by Summit Medical) nasal packing in Plaintiff s nasal cavity to control the nosebleed. Plaintiff
disclosed an earlier nasal cavity injury resulting from a gunshot wound and specifically refused consent
to install the Rhino Rocket nasal packing. Plaintiff further requested to see an ear-nose-and-tlrroat
("ENT") specialist. Mittal refused to refer Plaintiff to an ENT specialist.
Although Plaintiff had refused his consent to installation of the Rhino Rocket nasal packing, and
Dr. Mittal was unable to obtain Plaintiff's medical records from Norco Prison, MITTAL nevertheless
intentionally and deliberately installed Rhino Rocket in Plaintiff s nasal cavity.
When the Rhino Rocket was installed, Plaintiff suffered heavy bleeding and an almost
immediate loss of vision in his right eye. On or about May 20, 2021, Plaintiff was taken to the ICU unit
and put on a ventilator. On or about May 25, 2021, Plaintiff regained consciousness and was moved
out of the ICU.
On June 4, 2021, Dr. Parks, removed the Rhino Rocket nasal pacldng.
5861 Pine Avenue, Suite A-i, Ctuno Hitta, CA 91709 4 Teil: (909) 398-4404; Fax: (909) 398-1883
Re: Jesse Duenas v. County of Riverside
October 6, 2021
Page 2
On June 6, 2021, Dr. Richard Kim, an ophthalmologist at RUHS-MC, removed the Rhino
Rocket packing. Dr. Kim determined that the Rhino Rocket packing was contra-indicated and had
migrated and punctured Plaintiff s right eyeball, resulnng in permanent blindness.
Plaintiff intends to sue for professional negligence (medical malpractice) and medical battery,
For pre-litigation settlement purposes, Plaintiff estimates his damages at $ 1,000,000.
Sincerely,
Mark J. Skapik
ExHIBIT p
COUNTY OF RIVERSIDE CLAIM FOR DAMAGES TO PERSON OR PROPERTY
INSTRUCTIONS;
Read claim thoroughly.
2. out claim as indicated; attach additional information
Fiil necessary
if
s. This office needs the ~ari /oaf completed claim form and cfear readable copies
of attachments (if any) if o/iginais are not available.
4 This claim form must be signed.
TO/ CLERK OF THE BOARD OF SUPERVISORS
ATTN'LAIMS DIViSION
P.O. BOX
RIVERSIDE,
1147, 4060 LEMON ST,
CA. 92502-1147
1 'L.
(951) 955-1D60
1. FULL NAME QF CLA/MANT 6 INHY DQ YQU CLAIM THE COUNTY IS RESPQNSIBLEtf
,
Jesse Duenas c/o Skapik Law Group
2. MAILING ADDRESS iSTREET
/ PO BQX)
5861 Pine Avenue, Suite A-1 Improper installation of the Rhino Rocket nasal packing was done at
CITY STATE ZIP CODE
Chino Hills CA 91709 RUHS-MC by Aarti Chawla Mittal, O.o., under the supervision of County employees.
HOME TELEPHONE BUSINESS TELEPHONE 9. NAMES OF ANY COUNTY EMPLOYEES (AND THEIR
INJURY OR DAMAGE 0F APPLICABLE',.
I
DEPART MENTSINVOLVED IN
I I 909-399.4404
Dlo DAMAGE OR INJURY OCCUR (PLEASE BE EXACT)
3. WHEN NAME: DEPARTMENT
May 20, 2021 Aarti Chawla Mittal, D.O. RUHS-MC
4. INHERE DID DAMAGE OR IIUURY OCCUR& 10 WITNESSESS TO DAMAGE OR INJURY: LIST ALL PERSONS AND ADDRESSES OF
Riverside University Health System Medical Center PERSONS KNOWN TQ HAVE INFORMATION.
STREEf CITY STATE ZIP CODE NAME PHONE
2620 Cactus Avenue, Moreno Valley, CA 92555 Jesse Duenas 1909 398 4404
5. DESCRIBE
IN Holy
DETAIL DAMAGE OR INJURY OCCURRED. ADDRESS
California Rehabilitation Center, Norco, California
NAME PHONE
On May 20, 2021, at RUHS-MC, Aarti Chawla Mittal, D.O. Dr. Richard Kim (ophthalmologist)
I
HXPIUSSUU Iuu NILUHUUII LU Nlbldu rllu»U rlul'Ndl »cled ADDRESS
packing inJesse Duenas'ose to control a nosebleed. RUHS-MC
Duenas refused consent. Nevertheless, Mittal installed NAME PHONE
the Rhino Rocket nasal oackino. The Rhino Rocket nasal Or. Parks (removed Rhino Rocket on 6/4/2021)
packing was improperly installed, migrated, and caused ADDRESS
nf rmmnc nt hiinrlnc cc inih»c ncc'c rinht c uc RUHS-MC
11. LIST DAMAGES INCURRED TQ DATE (a//ach copies of
or fapaif estimates)
focal pic
3 CI
WERE POLICE OR PARAMEDICS CALLED'i YEs Pl NQ
The improperly installed Rhino Rocket migrated and punctured
7. IF PHYSICIAN/HQSP ITAL WAS VISITED DUE TQ INJURY, INCLUDE DATE OF FIRST VISIT
AND HQSPITAL'S NAME, ADDRESS AND PHONE NUMBER.
the right eyeball of Jesse Duenas, causing permanent blindness.
DATE OF FIRST I/IS IT PHYSICIAN S/HOSPITAL'5 NAME
May 20, 2021 RUHS-MC
PHYSICIAN'3/HOSP/TAL'S ADDRESS PHONE
TOTAL DAMAGES TQ DATE
2620 Cactus Avenue
Moreno Valley, CA 92555 1,000,000 1,000,000
'51-486-4000 ,
THIS CLA(M MUST BE s(GNED To BE VALID. NOTE: PRESENTATION OF A FALSE CLAIM ISA FELONY(PENAL CODE SECTION T2J
RNIN G
t/Y A ."
CLAIMS FOR DEATH,INJURY To PERSON OR TO PERSONAL PROPERTY MUST BE FILEDNOT LATER THAN SIX (6)MONTHS AFTER THE
OCCURRENCE. (GOVERNMENT CODE SECTION 911.2)
ALLOTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE (1) YEAR AFTER T/IE OCCURRENCE.
(GOVERNMENT CODE SECTION
911.2)
SUBJECT To CERTAIN EXCEPTIONS.YOU HAVE ONLY SIX (6) MONTHS FROM THE DATE OF 7HE INRITTEN NOTICE OF REJECTIQN
To FILE A COURT ACTION. OF YOUR CLAIM
(GOVERNMENT CODE SECTION 945.6)
IF WRITTEN NOTICE OF REJECTION OF YOUR CLAIM IS NOT GIVEN, YOU HAVE TWO
(2) YEARS FROM ACCRUAL OF THE CAUSE OF ACTION TQ FILE
A COURT ACTION.(GOVERNMENT CODE SECTION 945.6)
IZ~IMANTQR PER ONRLI ONHIS/HER BEHALF 13. PRINT QR TYPE NAME DATE
SIGNATURE
Attorney for Jesse
RELATIONSHIP
Duenas
To CLAIMANT
~ Mark J. Skapik 10/6/2021
CQB 06/27/03 BG5
R VISED'/20/2010
EXHIBIT g
OFFICE OF THE
CLERK OF THE BOARD OF SUPERVISORS KECIA R, HARPER
Irt FLOOR, COUNTY ADMINISTRATIVE CENTER Clerh of the Board of Supervisor&
P.o. BOX 1147,4080 LEMON STREET
RIVERSIDE, CA 92502-'1147 KIMBERLY A. RECTOR
PHONEME (951) 955"1050 FAX: (951) 955-1071 Aairtaat Clerh of the Board
November 2, 2021
SKAPII& LAW GROUP ON BEHALF OF JESSE DUENAS
ATTENTION'MARK I, SICAPIK
5861 PINF. AVENUE, SUITE Al
CHINO HILLS, CA 91709
RE: NOTICE OF REJECTION OF CLAIM
Claimant(s): DUENASr Jesse
C/0 SifAPIIr LAW GROUP
Date of Loss: 05/20/2021
Claim No: 377-21
Date Claim Received: 10/12/2021
Notice is hereby given that Ihe claim you presented to the Clerk of thc Board of Supervisors was rejected by the
Board on November I, 2021,
WARNING
Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or
deposited in the mail to file a court action on this claim. See Government Code section 945.6.
You may seek the advice of any attorney of your choice in connection with this matter. If you desire to consult
an attorney, you should do so immediately.
This warning, and the six-month deadline, only apply to the extent a lawsuit would be based on California law,
and do not apply to the extent a lawsuit would be based on federal law.
Kecia R. Harper
Clerk to the Board of Supervisors
B y.
Zuly Martinez, Board Assistant
I declare that my business address is 1" Floor, County Administrative Center, 4080 Lemon Street, Riverside
California, that I am a citizen of the United States of America, employed by the County of Riverside and am not
a party to the action. On the date stated below I mailed the foregoing notice by depositing a copy thereof in the
outgoing ma.il at Riverside, California, in a sealed envelope, with postage prepaid, addressed to the person(s)
listed above. I declare under penalty of perjury that the foregoing is true and cor'rect.
Executed at Riverside, California on November 2, 2021.
Zu y Martinez, Board Assistant.
RM1'202032387 GL090
Preview
I SKAPIK LAW GROUP Mark J. Skapik (SBN 164957) 2 Geralyn L. Skapik (SBN 145055) Blair J. Berkley (SBN 222293) 3 Matthew T. Falkenstein (SBN 333302) 5861 Pine Avenue, Suite A-I 4 Chino Hills, California 91709 Telephone: (909) 398-4404 5 Facsimile: (909) 398-1883 6 Attorneys for Plaintiff JESSE DUENAS 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF RIVERSIDE, HISTORIC COURTHOUSE 10 11 JESSE DUENAS, an individual; Case No.: 12 Plaintiff, COMPLAINT FOR: 13 vs. 1. Professional negligence (medical malpractice) 14 2. Medical battery 15 COUNTY OF RIVERSIDE; AARTI CHAWLA MITTAL, D.O., an individual; and DOES I 16 through 10, inclusive, 17 Defendants. 18 19 Plaintiff JESSE DUENAS ("Plaintiff") alleges as follows: 20 1. Plaintiff is an individual and inmate at the California Rehabilitation Center, Norco, 21 California 92860. 22 2. Defendant COUNTY OF RIVERSIDE (" COUNTY") is a division of the State of 23 California. COUNTY operates the Riverside University Health System Medical Center ("RUHS-MC") 24 located at 26520 Cactus Avenue, Moreno Valley, California 92555. 25 3. Plaintiff is informed and believes and thereon alleges that Defendant Aarti Chawla 26 Mittal, D.O. ("MITTAL"), is an individual, resident of Riverside County, and doctor of osteopathic 27 medicine practicing at RUHS-MC. -I- COMPLAINT 4. The true names and capacities, whether individual, corporate, or otherwise, of Defendants DOE I through 10, inclusive, are unknown to Plaintiff at this time who, therefore, sues these Defendants by such fictitious names pursuant to Code of Civil Procedure section 474. When the true names and capacities of these Defendants are ascertained, Plaintiff will amend this Complaint to allege their true names and capacities. S. Plaintiff is informed and believes and thereon alleges that at all times relevant Defendants MITTAL and DOES I through 10 were the employees and agents of Defendant COUNTY and, in doing the things alleged in the following paragraphs, were acting within the course and scope of that agency. 6. Plaintiff is informed and believes and thereon alleges that in doing the things alleged in 10 the following paragraphs, Defendants MITTAL and DOES I through 10 acted with the prior approval of COUNTY. 12 VENUE 13 7. This court is the proper court because Defendant COUNTY is a resident of the County of 14 Riverside. GENERAL ALLEGATIONS 16 8. Plaintiff is an inmate at the California Rehabilitation Center, Norco, California 92860 17 ("Norco Prison"). 18 9. On or about May 10, 2021, Plaintiff suffered a nose injury at the Norco Prison. He was 19 taken to the prison infirmary and given an ice pack. 20 10. On May 12, 2021, as a proximate result of the nose injury and an earlier nasal-cavity 21 injury resulting Irom a gunshot wound, Plaintiff suffered a continuous, posterior, and heavy nosebleed. 22 On or about May 12, 2021, Plaintiff was taken to the emergency department at Riverside University 23 Health System Medical Center ("RUHS-MC"). Although Plaintiff disclosed his prior nasal-cavity 24 injury, he was not seen by a physician and no scans were taken. Afrin spray was prescribed, but the 25 bleeding did not stop. 26 11, From May 12, 2021, through May 20, 2021, Plaintiff was transported &om the Norco 27 Prison to the emergency department at RUHS-MC three times and the emergency department at Corona Regional Medical Center one time. -2- COMPLAINT I 12. On May 18, 2021, an emergency-department physician at RUHS-MC cauterized portions 2 of Plaintiff's nasal cavity to stop the bleeding. The cauterization was unsuccessful. 3 13. Finally, on May 20, 2021, at RUHS-MC, Defendant MITTAL told Plaintiff ofhis 4 intention to install Rhino Rocket (by Summit Medical) nasal packing in Plaintiff's nasal cavity to 5 control the nosebleed. As a consequence of an earlier nasal-cavity injury resulting from a gunshot 6 wound, Plaintiff specifically refused to consent to installation of Rhino Rocket nasal packing and 7 requested to see an ear-nose-and-throat ("ENT") specialist. MITTAL refused to refer Plaintiff to an 8 ENT specialist. 9 14. Although Plaintiff had refused his consent to installation of the Rhino Rocket nasal 10 packing, and Dr. MITTAL had been unable to obtain Plaintiff s medical records from Norco Prison, 11 MITTAL nevertheless intentionally and deliberately installed Rhino Rocket nasal packing. 12 15, Plaintiff is informed and believes and thereon alleges that Rhino Rocket nasal packing 13 provides mucosal compression, absorbs moisture, and swells to six times its compressed diameter. 14 16. When the Rhino Rocket was installed, Plaintiff suffered heavy bleeding and an almost 15 immediate loss of vision in his right eye. 16 17. On or about May 20, 2021, Plaintiff experienced difficulty breathing and was rendered 17 unconscious. He was transferred to the RUHS-MC intensive care unit ("ICU") and put on a ventilator. 18 18. On or about May 25, 2021, Plaintiff regained consciousness and was moved out of the 19 ICU. 20 19. On or about June 4, 2021, at RUHS-MC, Dr. Parks removed the Rhino Rocket nasal 21 packing. 22 20. Plaintiff was later seen by Dr. Richard Kim, an ophthalmologist at RUHS-MC. Dr. Kim 23 determined that the Rhino Rocket nasal packing was contra-indicated and had migrated and punctured 24 Plaintiff's right eyeball, resulting in permanent blindness in the right eye. 25 21. As a proximate result of Defendants'cts and omissions in the period May 12, 2021, 26 through June 6, 2021, Plaintiff suffers permanent blindness in his right eye. 27 /// 28 /// -3- COiVIPLAlNT FIRST CAUSE OF ACTION 3 MEDICAL MALPRACTICE (By Plaintiff Against All Defendants) 5 22. Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 21 as 6 though fully set forth herein. 7 23. At all relevant times, Defendant MITTAL was a physician and licensed to practice 8 medicine under the laws of the State of California and was engaged in the practice of medicine in 9 Riverside County. 10 24. At all times relevant, Plaintiff was a patient of Defendants MITTAL and COUNTY, and 11 Defendants agreed to perform for Plaintiff all the services necessary to Plaintiff's care including 12 examinations, evaluations, studies, research, diagnostic tests, consultations, diagnosis, and treatment. In 13 so caring for Plaintiff, each Defendant established a relationship with Plaintiff giving rise to each 14 Defendant's duty to provide skillful, knowledgeable, and professional management of his health 15 conditions, including required examinations, evaluations, studies, research, diagnostic tests, 16 consultations, diagnosis, care, and treatment. 17 25. Defendants failed to exercise that degree of care, skill, and diligence commonly exercised 18 in the community under the same or similar circumstances by other physicians and surgeons similarly 19 trained in that, among other things: 20 a. On May 12, 2021, Defendants failed to scan Plaintiff s nose and cause Plaintiff to 21 be examined by a physician while Plaintiff was suffering a continuous, posterior, and heavy nosebleed. 22 b. Defendants failed to refer Plaintiff to an ENT specialist in the period May 12, 23 2021, to June 3, 2021, while Plaintiff was suffering a continuous, posterior, and heavy nosebleed. 24 c. On or about May 20, 2021, MITTAL installed Rhino Rocket (by Summit 25 Medical) nasal packing in Plaintiff s nasal cavity before he had obtained and reviewed Plaintiff's 26 medical records from Norco Prison. 27 28 -4- COMPLAINT d. On or about May 20, 2021, MITTAL installed Rhino Rocket nasal packing while, as a result of Plaintiff's prior nasal-cavity injuries and medical history, Rhino Rocket nasal packing was contra-indicated. e. On or about May 20, 2021, MITTAL negligently and carelessly installed Rhino Rocket nasal packing. 26. As a direct and proximate result of the acts and omissions of Defendants, and each of them, Plaintiff suffered serious injuries (including permanent blindness in his right eye) and incurred damages. 27. On October 6, 2021, Plaintiff's counsel sent Defendants notice of intention to commence 10 action pursuant to Code of Civil Procedure section 364. A true and correct copy of the notice of intention to commence action is attached hereto as Exhibit 1. 12 28. On October 6, 2021, in compliance with Governraent Code sections 900 through 915.4, 13 Plaintiff presented to COUNTY a written claim for injuries and damages suffered as a result of 14 Defendants'edical malpractice occurring from May 12, 2021, through June 6, 2021. A true and 15 correct copy of the claim for damages is attached hereto as Exhibit 2. 16 29. On November 2, 202'1, COUNTY rejected Plaintiff's tort claim. A true and correct copy 17 of the Notice of Rejection of Claim is attached hereto as Exhibit 3. 18 19 SECOND CAUSE OF ACTION 20 BATTERY 21 (By Plaintiff Against MITTAL) 22 30. Plaintiff incorporates by reference the allegations contained in paragraphs I through 29 as 23 though fully set forth herein. 24 31. On May 20, 2021, Plaintiff was at the RUHS-MC for treatment of a continuous and 25 heavy nosebleed. 26 32. Defendant MITTAL expressed his intention to install Rhino Rocket (by Summit Medical) 27 nasal packing in Plaintiff's nasal cavity to control the nosebleed. 28 -5- COMPLAINT 33. As a consequence of an earlier nasal-cavity injury resulting from a gunshot wound, Plaintiff specifically refused to consent to install Rhino Rocket nasal packing and requested to see an ENT specialist. MITTAL refused to refer Plaintiff to an ENT specialist. 34. Although Plaintiffhad refused his consent to installation of tbe Rhino Rocket nasal packing, MITTAL nevertheless intentionally and deliberately installed Rhino Rocket nasal packing, 35. As a proximate result of MITTAL's installation of the Rhino Rocket nasal packing without Plaintiff's consent, Plaintiff suffered serious injuries (including permanent blindness in his right eye) and incurred damages. THEREFORE, Plaintiff prays for judgment against Defendants as follows: 10 ON THE FIRST CAUSE OF ACTION (MEDICAL MALPRACTICE) 1. For general damages; 12 2. For future lost earnings and lost earning capacity; 13 3. For special damages; 4. For costs of suit; and 15 5. For such other and further relief as the court may deem proper. 16 ON THE SECOND CAUSE OF ACTION (BATTERY) 17 6. For general damages; 18 7. For medical and related expenses; 19 8. For future lost earnings and lost earning capacity; 20 9. For special damages; 21 10. For costs of suit; and 22 11. For such other and further relief as the court may deem proper. 23 SKAPIK LAW GROUP 25 26 Dated: January 12, 2022 Mark J. Skapik 27 Attorneys for JESSE DUENAS 28 -6- COMPLAINT JURY DEMAND Plaintiff hereby demands axial by jury. SKAPIK LAW GROUP Dated: January 12, 2022 „4A Mark J. ~ Skapik Attorneys for JESSE DUENAS 10 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 -7- COMPLAINT EXHIBIT 1 SKAPIX LAW; GROUP ATTORNEYS October 6, 2021 Clerk of the Board of Supervisors Aarti Chawla Mittal, D.O. Attention: Claims Division P.O. Box 7270 P.O. Box 1147 Moreno Valley, CaIifomia 92552-7270 4080 Lemon Street, First Floor Riverside, California 92502-1147 Re: Jesse Duenas v. Couniy ofRiverside, Aarti Chawla Afittal, D.O. Notice of Intention to Commence Action (C.C.P.II 364) Dear Sir/Madame: Jesse Duenas (" Plaintiff" ) is an inmate at the California Rehabilitation Center in Norco, California ("Norco Prison" ). On May 10, 2021, Plaintiff suffered a nose injury and heavy nosebleed. An earlier 1990 s gunshot wound in the face damaged Plaintiff s nasal cavity. On May 18, 2021, Plaintiff presented at Riverside University Health System Medical Center ("RUHS-MC") with a heavy nosebleed. An emergency deparnnent physician cauterized portions of Plaintiff s nasal cavity to stop the bleeding. The cauterization was unsuccessful in slowing the bleeding. On May 20, 2021, Aarti Chawla Mittal, D.O., expressed to Plaintiff an intention to install Rhino Rocket (by Summit Medical) nasal packing in Plaintiff s nasal cavity to control the nosebleed. Plaintiff disclosed an earlier nasal cavity injury resulting from a gunshot wound and specifically refused consent to install the Rhino Rocket nasal packing. Plaintiff further requested to see an ear-nose-and-tlrroat ("ENT") specialist. Mittal refused to refer Plaintiff to an ENT specialist. Although Plaintiff had refused his consent to installation of the Rhino Rocket nasal packing, and Dr. Mittal was unable to obtain Plaintiff's medical records from Norco Prison, MITTAL nevertheless intentionally and deliberately installed Rhino Rocket in Plaintiff s nasal cavity. When the Rhino Rocket was installed, Plaintiff suffered heavy bleeding and an almost immediate loss of vision in his right eye. On or about May 20, 2021, Plaintiff was taken to the ICU unit and put on a ventilator. On or about May 25, 2021, Plaintiff regained consciousness and was moved out of the ICU. On June 4, 2021, Dr. Parks, removed the Rhino Rocket nasal pacldng. 5861 Pine Avenue, Suite A-i, Ctuno Hitta, CA 91709 4 Teil: (909) 398-4404; Fax: (909) 398-1883 Re: Jesse Duenas v. County of Riverside October 6, 2021 Page 2 On June 6, 2021, Dr. Richard Kim, an ophthalmologist at RUHS-MC, removed the Rhino Rocket packing. Dr. Kim determined that the Rhino Rocket packing was contra-indicated and had migrated and punctured Plaintiff s right eyeball, resulnng in permanent blindness. Plaintiff intends to sue for professional negligence (medical malpractice) and medical battery, For pre-litigation settlement purposes, Plaintiff estimates his damages at $ 1,000,000. Sincerely, Mark J. Skapik ExHIBIT p COUNTY OF RIVERSIDE CLAIM FOR DAMAGES TO PERSON OR PROPERTY INSTRUCTIONS; Read claim thoroughly. 2. out claim as indicated; attach additional information Fiil necessary if s. This office needs the ~ari /oaf completed claim form and cfear readable copies of attachments (if any) if o/iginais are not available. 4 This claim form must be signed. TO/ CLERK OF THE BOARD OF SUPERVISORS ATTN'LAIMS DIViSION P.O. BOX RIVERSIDE, 1147, 4060 LEMON ST, CA. 92502-1147 1 'L. (951) 955-1D60 1. FULL NAME QF CLA/MANT 6 INHY DQ YQU CLAIM THE COUNTY IS RESPQNSIBLEtf , Jesse Duenas c/o Skapik Law Group 2. MAILING ADDRESS iSTREET / PO BQX) 5861 Pine Avenue, Suite A-1 Improper installation of the Rhino Rocket nasal packing was done at CITY STATE ZIP CODE Chino Hills CA 91709 RUHS-MC by Aarti Chawla Mittal, O.o., under the supervision of County employees. HOME TELEPHONE BUSINESS TELEPHONE 9. NAMES OF ANY COUNTY EMPLOYEES (AND THEIR INJURY OR DAMAGE 0F APPLICABLE',. I DEPART MENTSINVOLVED IN I I 909-399.4404 Dlo DAMAGE OR INJURY OCCUR (PLEASE BE EXACT) 3. WHEN NAME: DEPARTMENT May 20, 2021 Aarti Chawla Mittal, D.O. RUHS-MC 4. INHERE DID DAMAGE OR IIUURY OCCUR& 10 WITNESSESS TO DAMAGE OR INJURY: LIST ALL PERSONS AND ADDRESSES OF Riverside University Health System Medical Center PERSONS KNOWN TQ HAVE INFORMATION. STREEf CITY STATE ZIP CODE NAME PHONE 2620 Cactus Avenue, Moreno Valley, CA 92555 Jesse Duenas 1909 398 4404 5. DESCRIBE IN Holy DETAIL DAMAGE OR INJURY OCCURRED. ADDRESS California Rehabilitation Center, Norco, California NAME PHONE On May 20, 2021, at RUHS-MC, Aarti Chawla Mittal, D.O. Dr. Richard Kim (ophthalmologist) I HXPIUSSUU Iuu NILUHUUII LU Nlbldu rllu»U rlul'Ndl »cled ADDRESS packing inJesse Duenas'ose to control a nosebleed. RUHS-MC Duenas refused consent. Nevertheless, Mittal installed NAME PHONE the Rhino Rocket nasal oackino. The Rhino Rocket nasal Or. Parks (removed Rhino Rocket on 6/4/2021) packing was improperly installed, migrated, and caused ADDRESS nf rmmnc nt hiinrlnc cc inih»c ncc'c rinht c uc RUHS-MC 11. LIST DAMAGES INCURRED TQ DATE (a//ach copies of or fapaif estimates) focal pic 3 CI WERE POLICE OR PARAMEDICS CALLED'i YEs Pl NQ The improperly installed Rhino Rocket migrated and punctured 7. IF PHYSICIAN/HQSP ITAL WAS VISITED DUE TQ INJURY, INCLUDE DATE OF FIRST VISIT AND HQSPITAL'S NAME, ADDRESS AND PHONE NUMBER. the right eyeball of Jesse Duenas, causing permanent blindness. DATE OF FIRST I/IS IT PHYSICIAN S/HOSPITAL'5 NAME May 20, 2021 RUHS-MC PHYSICIAN'3/HOSP/TAL'S ADDRESS PHONE TOTAL DAMAGES TQ DATE 2620 Cactus Avenue Moreno Valley, CA 92555 1,000,000 1,000,000 '51-486-4000 , THIS CLA(M MUST BE s(GNED To BE VALID. NOTE: PRESENTATION OF A FALSE CLAIM ISA FELONY(PENAL CODE SECTION T2J RNIN G t/Y A ." CLAIMS FOR DEATH,INJURY To PERSON OR TO PERSONAL PROPERTY MUST BE FILEDNOT LATER THAN SIX (6)MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) ALLOTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE (1) YEAR AFTER T/IE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) SUBJECT To CERTAIN EXCEPTIONS.YOU HAVE ONLY SIX (6) MONTHS FROM THE DATE OF 7HE INRITTEN NOTICE OF REJECTIQN To FILE A COURT ACTION. OF YOUR CLAIM (GOVERNMENT CODE SECTION 945.6) IF WRITTEN NOTICE OF REJECTION OF YOUR CLAIM IS NOT GIVEN, YOU HAVE TWO (2) YEARS FROM ACCRUAL OF THE CAUSE OF ACTION TQ FILE A COURT ACTION.(GOVERNMENT CODE SECTION 945.6) IZ~IMANTQR PER ONRLI ONHIS/HER BEHALF 13. PRINT QR TYPE NAME DATE SIGNATURE Attorney for Jesse RELATIONSHIP Duenas To CLAIMANT ~ Mark J. Skapik 10/6/2021 CQB 06/27/03 BG5 R VISED'/20/2010 EXHIBIT g OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS KECIA R, HARPER Irt FLOOR, COUNTY ADMINISTRATIVE CENTER Clerh of the Board of Supervisor& P.o. BOX 1147,4080 LEMON STREET RIVERSIDE, CA 92502-'1147 KIMBERLY A. RECTOR PHONEME (951) 955"1050 FAX: (951) 955-1071 Aairtaat Clerh of the Board November 2, 2021 SKAPII& LAW GROUP ON BEHALF OF JESSE DUENAS ATTENTION'MARK I, SICAPIK 5861 PINF. AVENUE, SUITE Al CHINO HILLS, CA 91709 RE: NOTICE OF REJECTION OF CLAIM Claimant(s): DUENASr Jesse C/0 SifAPIIr LAW GROUP Date of Loss: 05/20/2021 Claim No: 377-21 Date Claim Received: 10/12/2021 Notice is hereby given that Ihe claim you presented to the Clerk of thc Board of Supervisors was rejected by the Board on November I, 2021, WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code section 945.6. You may seek the advice of any attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. This warning, and the six-month deadline, only apply to the extent a lawsuit would be based on California law, and do not apply to the extent a lawsuit would be based on federal law. Kecia R. Harper Clerk to the Board of Supervisors B y. Zuly Martinez, Board Assistant I declare that my business address is 1" Floor, County Administrative Center, 4080 Lemon Street, Riverside California, that I am a citizen of the United States of America, employed by the County of Riverside and am not a party to the action. On the date stated below I mailed the foregoing notice by depositing a copy thereof in the outgoing ma.il at Riverside, California, in a sealed envelope, with postage prepaid, addressed to the person(s) listed above. I declare under penalty of perjury that the foregoing is true and cor'rect. Executed at Riverside, California on November 2, 2021. Zu y Martinez, Board Assistant. RM1'202032387 GL090