This is a wrongful death action for medical malpractice. According to the allegations of the first amended complaint (“FAC”), decedent Connie Lebow (“Decedent”) was under the care and treatment of defendants Intuitive Surgical, Inc. (“Intuitive”), Mercy Medical Center Redding (“Mercy”) and Donald Schepps, M.D. (“Schepps”) (collectively, “Defendants”), including a robotic laparoscopic cholecystectomy. (See FAC, ¶ 9.) On January 22, 2014, Decedent died due to complications of bacterial sepsis subsequent to an intra-operative perforation caused by Defendants’ negligence. (Id.) On September 22, 2015, plaintiffs Brian and Michael Lebow, as successors in interest to Decedent (“Plaintiffs”), filed the FAC against Defendants, asserting causes of action for:
1) Wrongful death/medical malpractice (against Mercy and Schepps); 2) Product liability (against Intuitive); and,
3) Survival action (against all Defendants).
Defendant Intuitive moves for summary judgment, or, in the alternative, for su
Hearing Date
April 03, 2018
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This is a wrongful death action for medical malpractice. According to the allegations of the first amended complaint (“FAC”), decedent Connie Lebow (“Decedent”) was under the care and treatment of defendants Intuitive Surgical, Inc. (“Intuitive”), Mercy Medical Center Redding (“Mercy”) and Donald Schepps, M.D. (“Schepps”) (collectively, “Defendants”), including a robotic laparoscopic cholecystectomy. (See FAC, ¶ 9.) On January 22, 2014, Decedent died due to complications of bacterial sepsis subsequent to an intra-operative perforation caused by Defendants’ negligence. (Id.) On September 22, 2015, plaintiffs Brian and Michael Lebow, as successors in interest to Decedent (“Plaintiffs”), filed the FAC against Defendants, asserting causes of action for:
1) Wrongful death/medical malpractice (against Mercy and Schepps); 2) Product liability (against Intuitive); and,
3) Survival action (against all Defendants).
Defendant Intuitive moves for summary judgment, or, in the alternative, for su