Tentative ruling on Mar. 16, 2022 in Contra Costa County, CA - Case no: xxxxx121

MSC21-00121
CASE NAME: YAO VS DIABLO VALLEY ONCOLOGY/
HEARING ON MOTION FOR SUMMARY JUDGMENT FILED BY DIABLO VALLEY
ONCOLOGY/HEMATOLOGY MEDICAL
* TENTATIVE RULING: *
Defendant Diablo Valley Oncology / Hematology Medical Group’s motion for summary
judgment is granted.
Plaintiffs sued Diablo Oncology negligence, permanent injury and emotional distress. All
claims are based on the alleged negligence conduct of a nurse who worked for Diablo Valley
Oncology. On January 27, 2020, Plaintiff Ziwen Yao received her third injection of Faslodex in
her right and left buttocks. (Comp. ¶7.) After the injections, Yao’s left leg became paralyzed and
after one week the paralysis was replaced with pain. (Comp. ¶9.) It is alleged that the nurse’s
injection of Faslodex into the leg buttock was the cause of the paralysis. (Comp. ¶¶7-9.)
A defendant meets its burden on a motion for summary judgment by showing either that
plaintiff’s c….....