Delanee Barajas, Steven J. Barajas, Gary Barajas, Steven Barajas v. Compassionate Cancer Care, Praveen Sivakumaran, Peyman Salimi-Tari, Sujata Lalla-Reddy, Payam Farjoodi, Orange Coast Memorial Medical Center, and Does 1 through 50, inclusive
Published: May 28, 2016 | Result Date: Apr. 22, 2016 | Filing Date: Jan. 1, 1900 |Case number: 30-2016-00829689-CU-MM-CJC Demurrer – Defense
Court
Orange Superior
Attorneys
Plaintiff
Victor W. Luke
(Law Firm of VW Luke APLC)
Defendant
Lawrence D. Wong
(Schmid & Voiles)
Lisa Marie Agrusa
(Schmid & Voiles)
Facts
Steven Barajas sued Compassionate Cancer Care (CCC), Praveen Sivakumaran, Peyman Salimi-Tari, Sujata Lalla-Reddy, Payam Farjoodi, and Orange Coast Memorial Medical Center (OCM), in connection with the death of his wife Rebecca Barajas.
Plaintiffs also included decedent's adult children Delanee Barajas, Steven J. Barajas, and Gary Barajas.
Contentions
PLAINTIFFS' CONTENTIONS:
The decedent, 65, had been diagnosed with cervical cancer in 2013. In May 2013, she was taken to defendant CCC to receive an IV Hydration. While receiving treatment, the decedent asked for help in using the restroom, but CCC's staff just ignored her and refused assistance. The decedent then attempted to walk to the restroom without assistance. However, the decedent was so weak that she fell as she tried to open the door. Consequently, the decedent broke her upper leg bone, bruised her neck and face, and suffered from internal bleeding. CCC's staff failed to immediately render aid or even call 911 for an ambulance. Defendant CCC did not call the paramedics until two hours after the fall. The decedent was then taken to OCM where doctors diagnosed her with a broken femur and internal bleeding. However, despite the diagnosis, OCM did not operate on her until three days later. Because the decedent had to undergo surgery, the decedent was unable to continue with chemotherapy. The decedent died unexpectedly as a result of her being unable to receive chemotherapy. Plaintiffs, the decedent's survivors, claimed her death was caused by CCC and OCM's failure to provide her with the proper care. As such, plaintiffs sued defendants for negligence, medical malpractice, and wrongful death.
DEFENDANTS' CONTENTIONS:
Dr. Farjoodi demurred to plaintiffs' complaint, alleging failure to state a claim for relief.
Result
The court sustained Dr. Farjoodi's demurrer with leave to amend.
Other Information
FILING DATE: Jan. 12, 2016
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