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Civil Rights
Due Process Violation
Deliberate Indifference to a Substantial Risk of Harm to Health

Chrysie Anagnostou, as Personal Representative to the Estate of Stella Summers and in her individual capacity v. County of Los Angeles, Zhaojun Huang, Luzminda Wee, Mara Alejandra Sigalos-Rivera, Jeffrey Bernard Canceko, Daniel Lee Johnson, Arnold Tsai, Irene Petrovich, Maria Litche Capiral, Edith Ezeani, Sabrina Regensburg, Stephanie Zanbrano, Lucia Sandra Gonzalez, Sullivan, Samuel Tomich, Morris, and Does 1 through 10, inclusive

Published: Nov. 3, 2023 | Result Date: May 17, 2022 | Filing Date: Sep. 18, 2019 |

Case number: 2:19-cv-08111-JWH-PLA Settlement –  $600,000

Judge

John W. Holcomb

Court

CD CA


Attorneys

Plaintiff

Cameron Sehat
(The Sehat Law Firm PLC)


Defendant

Thomas C. Hurrell
(Hurrell Cantral LLP)


Facts

Stella Summers resided in a board and care facility known as Del Vista Mar when she was nineteen years old. Plaintiff Chrystie Anagnostou obtained a conservatorship over Stella Summers in 2018 due to Stella being diagnosed with bipolar disorder, borderline personality disorder, manic depressive disorder, and asthma.
On Sept. 21, 2018, due to an incident between Stella and another resident, the police were called resulting in Los Angeles Police Department officers transporting Stella to LAC-USC on a Welfare and Institutions Code section 5150 hold. Under California Welfare and Institutions Code section 5150, an officer may detain any person that the officer determines, "as a result of a mental health disorder, is a danger to others, or to himself or herself" for up to 72 hours for "assessment, evaluation, and crisis intervention." The hold may be extended to up to 14 days under certain conditions.

Although Stella's mental health had stabilized by September 25th, 2018, she was not discharged from the hospital's psychiatric department. Summers's hold expired on September 24th, 2018, but she remained at the psychiatric emergency department against her wishes.

Thereafter, the hospital staff administered Stella several cocktails of anti-psychotics including a strong sedative known as "B-52" which consisted of a mixture of Haldol, Benadryl and Ativan, and other psychiatric medications. Her mental and physical condition deteriorated until Stella was placed in hard restraints on Sept. 26, 2018. Stella endured long periods of restraints and seclusion. She remained in restraints and under sedation the following day when she was transferred to LAC-USC psychiatric unit.
Stella's mother visited the psychiatric unit on Sept. 28, 2018, and noticed Stella was not able to move and that and her speech was slow, she was drooling, appeared obtunded and lethargic. Stella felt weak and she could not lift her legs. Stella's mother notified the hospital about her concern repeatedly for her daughter's health and safety on Sept. 29, 2018 and the following days but to no avail. She even attempted to take pictures of her daughter's obtunded state but was prevented by hospital staff. Stella underwent several additional days of restraints and sedation from September 29 to Oct. 4, 2018.

On Oct. 4, 2018, due to her heavily sedated state, and while supposedly being watched by hospital staff, Stella lost consciousness and fell, striking her head on the ground. Due to the extended periods of immobilization, Stella had developed numerous blood clots in her deep veins, one of which dislodged itself due to her fall, and traveled into her lungs causing a pulmonary embolism. Stella then began having noticeable shortness of breath and rapid breathing. Despite her cries for help, that she couldn't breathe, hospital staff attributed her shortness of breath to her anxiety. Stella's condition deteriorated and eventually, she suffered an irreparable cardiac arrest but not without suffering through agonizing dyspnea and an inability to breathe.

An autopsy revealed that Stella died of pulmonary emboli due to deep vein thromboses. Three of the five lobes of her lungs were scattered with blood clots. The autopsy also revealed that Stella suffered from blunt force trauma to her skull, scalp hemorrhages, and a pronounced laceration to her liver likely due to overzealous chest compressions during CPR.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged defendants LAC-USC hospital nurses and psychiatrists, while acting in the scope and authority of the County of Los Angeles acted with deliberate indifference to Stella's known but serious medical condition by placing her in physical restraints for an excessive period of time, in seclusion and administering her chemical restraints in the form of sedative drugs as a pre-emptive measure.

Plaintiff also claimed an unreasonable seizure under the 4th Amendment, medical battery, medical negligence, false imprisonment under state law, failure to train and 14th Amendment Violation for interference with parental relationship.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

The case settled for $600,000.


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