ARLAN
A. COHEN, M.D., J.D. (S.B.N. 149200)
COHEN
& RUDD 225
SOUTH LAKE AVENUE SUITE
403 PASADENA,
CALIFORNIA 91101-3005 (626)
449-0404 (626)
449-1673 FACSIMILE
Attorneys
for Plaintiffs
SUPERIOR
COURT FOR THE STATE OF CALIFORNIA
FOR
THE COUNTY OF LOS ANGELES
SEVERO
CAUSING, JR., RUTH GALLENERO,
PETE CAUSING, MAY LEYRIT CAUSING,
CHRISTINA CAUSING, KAYRA CAUSING,
MAY CAUSING, IRENE DEANON, LAURIE
MICHELLE DEANON,JAN MICHAEL DEANON,
HEATHER JOY DEANON, ESTRELLA
CAMPOS,
BOY CAMPOS, JEANNANE CAMPOS,
JEFFREY CAMPOS, LUNA POSA, TONY
POSA,
MARK POSA, CHRISTIE POSA, CARMEN AVILA,
RUBY CAUSING
PANUNCIALMAN,
AS PERSONAL REPRESENTATIVES OF
THE ESTATE OF SOTERO CAUSING,
DECEDENT,
Plaintiffs,
v.
KAISER
FOUNDATION HEALTH PLAN, INC.,
KAISER FOUNDATION HOSPITALS AND
SOUTHERN CALIFORNIA PERMANENTE
MEDICAL GROUP, ARASH KHARESTAN, M.D.,
GERALD BECKHAM, M.D.,
HUGH GREATHOUSE, M.D. and
DOES 1 through 100,
inclusive, Defendants.
| CASE
NO. BC346842 ASSIGNED
FOR ALL PURPOSES TO: Honorable
John Shepard Wiley, Dept. “50"
[PROPOSED]
FIRST AMENDED
COMPLAINT FOR INTENTIONAL
INFLICTION OF EMOTIONAL
DISTRESS
|
Plaintiffs
allege: 1. The
true names or capacities, whether individual, corporate, associate or
otherwise, of defendants Does 1 through 100, inclusive, are unknown
to plaintiffs, who therefore sue those defendants by their fictitious
names. Plaintiffs will amend this First Amended Complaint to show
the true names and capacities of these defendants when Plaintiffs
learn them. 2.
Plaintiffs
are informed and believe, and thereon allege, that each defendant Doe
is responsible in some manner for the occurrences alleged in this
complaint, and that plaintiffs’ injuries described in this
complaint, were legally caused by their conduct. Plaintiffs are also
informed and believe, and thereon allege, that each act forming the
basis of the assertions of Intentional Infliction of Emotional
Distress was committed by the named defendants and or one or more of
the Doe defendants, and each of them, and/or was endorsed or ratified
by these defendants’ intentional failure to prevent such
actions,
or failure to discipline, discourage or adversely review such
actions, and/or that such actions took place because of the
established tortious policies of those defendants, and each of them,
as followed by the other defendants.
3. The
injuries upon which this action is based occurred in Los Angeles
County, California with named defendants residing in this County,
and/or whose substantial, continuing and ongoing business contacts
with California and Los Angeles County, for the purpose of provision
of the health care whose malfeasance is at issue in this lawsuit give
this court personal and subject matter jurisdiction over all
defendants. 4.
At
all times herein mentioned, plaintiffs, SEVERO CAUSING, JR., RUTH
GALLENERO,
PETE CAUSING, MAY LEYRIT CAUSING, CHRISTINA CAUSING KAYRA CAUSING,
MAY CAUSING, IRENE DEANON, LAURIE MICHELLE DEANON, JAN MICHAEL
DEANON, HEATHER JOY DEANON, ESTRELLA CAMPOS, BOY CAMPOS, JEANNANE
CAMPOS, JEFFREY CAMPOS, LUNA POSA, TONY POSA, MARK POSA, CHRISTIE
POSA, CARMEN AVILA, RUBY CAUSING PANUNCIALMAN, were the legal nieces,
nephews or siblings of decedent SOTERO CAUSING.
5.
At all times mentioned in this complaint, defendants, ARASH
KHARESTAN, M.D., GERALD BECKHAM, M.D., HUGH GREATHOUSE, M.D., and
DOES 1 through 10, inclusive, and other defendants fictitiously named
in this Complaint, were and are physicians or surgeons, licensed by
the State of California to practice medicine or surgery in the State
of California. /
/ / / 6.
At all times mentioned in this complaint, defendants, and DOES 11
through 20, inclusive, and other defendants fictitiously named in
this Complaint, were and are occupational therapists or nurses,
registered and/or licensed by the State of California to administer
physical therapy or practice nursing in the State of California.
7.
Plaintiffs
are informed and believe, and based thereon allege, that at all times
herein mentioned, defendants, KAISER FOUNDATION HEALTH PLAN, INC.,
KAISER FOUNDATION HOSPITALS AND SOUTHERN CALIFORNIA PERMANENTE
MEDICAL GROUP and Does 21 through 50, inclusive, and each of them
owned, operated, managed and controlled a General Hospital/Clinic
Facility within Los Angeles County, State of California, which they
held out to the public at large and to the plaintiffs as being
properly equipped, fully accredited, and competently staffed by
qualified, able and competent personnel; as operating in compliance
with the standard of care maintained in other properly equipped and
efficiently operated and administered accredited hospitals/clinics in
their communities; and as offering full, competent and efficient
hospital and medical, surgical, laboratory, x-ray, anesthesia,
paramedical, therapy, and/or rehabilitation services to the general
public and to the decedent, SOTERO CAUSING, and that these defendants
held themselves out to the general community as operating facilities
in which patients who were alive were not declared dead by physicians
working at those facilities, when such patients did not meet the
legal definition of death.
8.
Defendants,
KAISER FOUNDATION HEALTH PLAN, INC., KAISER FOUNDATION HOSPITALS AND
SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP and Does 51 through 60,
inclusive, and each of them, at the time the alleged acts or
omissions occurred, administered, governed, controlled, managed and
directed all the necessary functions, activities and operations in
those hospital/clinic facilities, including care rendered by
Therapist, Nurses, Interns, Resident House Staff, Physicians and
Surgeons, Medical Staff, X-ray personnel, Intensive Care personnel,
Recovery Room personnel and Emergency Room Department personnel and
including, but not limited to directing and controlling personnel and
staff in specialized departments, where Clinical Laboratories,
Physical Therapy Facilities, and the technicians necessary to the
operation of these hospital/clinical facilities were organized into
specialized hospital/clinical departments in regards to the care and
treatment of decedent, SOTERO CAUSING.
9.
Plaintiffs
are informed and believe, and upon such information and belief
allege, that defendants, KAISER FOUNDATION HEALTH PLAN, INC., KAISER
FOUNDATION HOSPITALS AND SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP
and Does 51 through 60, inclusive, were authorized to and licensed to
conduct, and did conduct a hospital/clinic business or businesses in
the State of California to which hospital/clinic or hospitals/clinics
they invited members of the public including decedent, SOTERO
CAUSING, on representation that adequate, careful and competent
health care was offered. The exact form of the business organization
under which defendants, KAISER FOUNDATION HEALTH PLAN, INC., KAISER
FOUNDATION HOSPITALS AND SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP
and Does 51 through 60, inclusive, are organized in doing business at
present or were organized in doing business at the time the specific
acts and omissions occurred which caused the injuries to plaintiffs
are unknown to plaintiffs at the time of filing of this Complaint.
Plaintiffs will ask leave of Court to amend the Complaint when
plaintiffs have ascertained the defendants' form of organization.
FIRST
CAUSE OF ACTION
(For
Intentional Infliction of Emotional Distress as to All Defendants)
10.
Plaintiffs
repeat, reallege and by this reference incorporate Paragraphs 1
through 9 hereinabove as though set forth in full herein and made a
part hereof. 11. The
plaintiffs in this lawsuit, and each of them, were all relatives of
Sotero Causing before
and during his terminal hospitalization at Kaiser Sunset Hospital in
December, 2004. They are Mr. Causing’s nieces, nephews or
siblings
who were present at the time that one or more of the actions
described below in this complaint as being outrageous and as
intentionally causing severe emotional distress. These plaintiffs
were foreseeably made aware of and/or were present when defendants
wrote a DNR (Do not Resuscitate) order on Sotero Causing against the
wishes of the family, when defendants moved Sotero Causing out of the
ICU at Kaiser against the wishes of the family, when defendants
ceased basic monitoring of Sotero Causing against the wishes of the
family, when defendants clamped a ventriculostomy tube needed to
protect the safety of Sotero Causing, the removal being against the
wishes of the family, and finally, when defendants told the family
that they were affirmatively going to bring about Sotero
Causing’s
death by removing essential ventilator support from Sotero Causing, all
against the wishes of the family and without the family’s
consent. 12. The
plaintiffs, and each of them, loved Sotero Causing, cared about his
safety and well- being,
and were concerned that he receive the best possible medical care at
Kaiser Sunset. Explicit actions by the defendants, as set forth
above, among others, which actions amounted to unconsented to
withdrawal of essential elements of medical care done with the
express desire to have Mr. Causing die because the doctors believed
Mr. Causing “was already dead” were known to all
defendants to be
substantially certain to cause the plaintiffs severe emotional
distress, and did so. 13.
During
Sotero Causing’s hospital stay at Kaiser Sunset hospital
beginning
on December 13,
2004, Kaiser physicians systematically and negligently disregarded
worsening signs and symptoms of progressively increasing intracranial
pressure, and failed to treat this treatable problem with appropriate
medication and with the implantation of a shunt or ventriculostomy
tube. 14. As
the result of this failure to treat progressive increases in
intraventricular pressure in
Sotero
Causing despite clinical evidence of Mr. Causing’s worsening
condition, and as the result of a negligent delay of Kaiser
personnel in treating a diagnosed 1 inch brain tumor, Sotero
Causing’s brainstem herniated through the foramen magnum
three days
after he was initially hospitalized at Kaiser Sunset, and Sotero
Causing sustained severe brain damage, which could have been avoided
with competent care. He was then transferred to the Intensive Care
Unit at Kaiser Sunset Hospital.
15.
Within
minutes after the neurosurgeon who had performed the surgery during
which
Mr. Causing’s brain had herniated explained to Sotero
Causing’s
family that Mr. Causing had sustained brain damage, and well before
any members of the family, including some of the plaintiffs in this
case, had understood and begun to come to terms with Mr. Sotero
Causing’s brain damage, and without the family’s
believing that
Mr. Sotero Causing’s death was inevitable, Kaiser Sunset
personnel
began pressuring Mr. Causing’s family to sign away the rights
to
Mr. Causing’s organs.
16.
During
the four or five days after Mr. Causing was transferred to the Kaiser
Sunset ICU, grossly
negligent medical care was given. This lax care, amounting to gross
negligence and reckless disregard for the health and safety of Mr.
Causing, permitted Mr. Causing’s serum sodium to reach 168, a
life
threatening level, when attention to basic intravenous fluid
replacement could have avoided this complication. This same lax care
permitted Mr. Causing’s blood sugar to reach 450, a dangerous
level, though he was not diabetic.
17. Any
negligence causes of action supported by the acts or omissions set
forth in paragraphs
11-16 are being dealt with in a separate litigation, subject to
arbitration, and are not the source of claimed liability in this
action, but serve as the factual predicate for the extreme and
outrageous intentional acts that followed, on which this lawsuit for
Intentional Infliction of Emotional Distress is based. Only extreme
and outrageous intentional acts, with intent defined as
“desire to
produce the result or substantial certainty that the result (severe
emotional distress) would be produced” or where there was
reckless
disregard of the clear likelihood that the conduct would cause severe
emotional distress are the subject matter of this litigation. The
conduct complained of in this lawsuit pertains to the repeated
refusal of Kaiser personnel to care for Mr. Causing, their repeated
assertions that Mr. Causing was “already dead” when
he was not, their killing of Mr. Causing by removing, one or two at a
time, basic and routine supportive care from him, with prior cruel
notice
to the family about their killing intent, each act or omission along
the way to the final killing coming over the vehement objections of
the family, including the plaintiffs, and without their consent. The
plaintiffs in this civil lawsuit do not include Mr. Causing’s
wife,
children, and one sister who was present and involved directly in
observing the misconduct of defendants, whose claims are addressed in
a parallel lawsuit which is being handled through mandatory
arbitration, and which includes negligence and bystander negligent
infliction of emotional distress, within the purview of Thing
v.
La Chusa. The current plaintiffs are not so bound by the
arbitration agreement, and are not eligible for claims of bystander
negligent infliction of emotional distress claims, but are eligible
for claims of Intentional Infliction of Emotional Distress, as set
forth below. 18. About
four or five days after Mr. Causing had been transferred to the ICU,
the defendants in
this case, including but not limited to ARASH KHARESTAN, M.D.
(“DR.
KHARESTAN”) and GERALD BECKHAM, M.D. (“DR.
BECKHAM”), and, by
agreement, HUGH GREATHOUSE, M.D. (“DR. GREATHOUSE”)
and Does
96-100 began pressuring the Causing family to agree to a “do
not
resuscitate” order for Mr. Causing. When the immediate
family,
including two nurses, Mr. Causing’s wife and sister,
protested that
they did not believe that Mr. Causing had received sufficient
supportive care for a long enough period of time for Mr. Causing to
have had a reasonable opportunity to recover, the defendant
physicians or residents were rude and arrogant, informed the family
that the doctors and Kaiser, not the family, would decide if any
resuscitative efforts would be given if Mr. Causing had a cardiac
arrest, and that in their view Mr. Causing “was already brain
dead.” This was told to the family at a time when Mr. Causing
had
an EEG that showed continuing brain activity and still had corneal
reflexes, showing some brainstem function, and when Mr. Causing
needed the support of a ventilator but no circulatory support. These
findings explicitly the preclude the legal finding of
“death”
according to Health and Safety Code Section 7180.
19.
Dr. KHARESTAN and Does 96-100 then wrote a “do not
resuscitate”
order on Mr. Causing
over the protests of the family, and yelled at them, in front of
family and nurses, stating loudly that he and he alone was in charge
of the ICU and he, not the family, would make the decisions about
resuscitation and about whom he would keep in “his”
intensive
care unit. 20. Mr.
Sotero Causing had never executed any advance order giving permission
for this “DNR”
order. 21. Mr.
Causing’s next of kin, his wife and children, vehemently
protested
the writing of this
“DNR”
order but Dr. KHARESTAN, Dr. BECKHAM, Dr. GREATHOUSE and Does 96-100
left the “DNR” order in effect. Mr.
Causing’s next of kin told
defendant that their religion and their personal beliefs did not
permit them to consent to a “DNR” order so soon
after the brain
injury; and that they would be showing their father, husband, and
brother, Mr. Causing, great disrespect by consenting to the
abandonment of supportive care so soon after surgery. Dr. KHARESTAN
and Does 96-100 replied by yelling at the family that he, not the
family would determine if and when and where Mr. Causing would be
treated, and whether or not he would be resuscitated if a cardiac
arrest occurred. 22.
An
account of Dr. KHARESTAN’s conduct was foreseeably and
predictably
relayed to the
plaintiffs in this case, and Dr. KHARESTAN was substantially certain
that his conduct would be described to plaintiffs, and that his
conduct would cause great emotional distress to the plaintiffs in
this lawsuit, who knew Mr. Causing to have been functional, awake,
alert, able to converse and walk ten days earlier. Plaintiffs assert
that writing a “Do Not Resuscitate” order on a
patient who met
virtually none of the legal requirements for death, without support
from an advanced directive by the patient, against the vehement
expressed wishes of the family, and without a court order, not only
constituted attempted murder under the law, but was an extreme and
outrageous act, which defendant physicians knew was substantially
certain to cause severe emotional distress, and which did cause
severe emotional distress in the plaintiffs, all loving relatives of
Sotero Causing. This “DNR” order was the first of
many extreme
and outrageous acts which defendants performed, knowing that these
acts or omissions were substantially certain to cause severe
emotional distress, and which did cause such distress.
23.
Dr. KHARESTAN, Dr. BECKHAM and Does 96-100 told Mrs. Causing and Mr.
Causing’s
children and sister (immediate family) that he wanted the ICU bed
occupied by Mr. Causing for another patient and that he was therefore
going to transfer Mr. Causing out of the ICU and to a bed on a ward
that had neither the nursing coverage nor the monitoring capacity of
the ICU. Once more, the immediate family protested this transfer as
an abandonment of Mr. Causing well before the family’s
religious or
moral beliefs and medical background permitted it. In addition, with
Mr. Causing having a non-flat EEG and needing no circulatory support,
Mr. Causing was not legally
dead, meaning that the
decision not to treat with supportive care was not Dr.
KHARESTAN’s
or Does 96-100's to make, especially where defendants’
decisions
violated the family’s rights to determine the care of their
next of
kin. 24. This
transfer from the ICU to a floor bed on a ward where both nursing
coverage and monitoring
capability were inferior to that of the ICU and which lessened level
of nursing care endangered Sotero Causing, all done over the protests
of the family, was a second extreme and outrageous act committed by
defendants, which defendants were substantially certain would be
described and conveyed to all plaintiffs in this case, and would
cause plaintiffs extreme emotional distress, and which did cause
plaintiffs extreme emotional distress.
25. After
transfer of Mr. Causing from the ICU to a bed on a “less
acute”
ward, Dr. KHARESTAN
and Does 96-100 ordered cessation of all circulatory support, in the
form of IV fluid designed to keep Mr. Causing properly hydrated. They
also ordered removal of Mr. Causing’s arterial line, a line
which, when attached to the appropriate monitor, gave continuous
readouts of Mr. Causing’s blood pressure and pulse rate, and
which
was also used as a conduit for obtaining arterial blood specimens
which were used to measure Mr. Causing’s blood oxygen,
enabling
physicians to gauge the sufficiency of the ventilator support.
26. These
actions, which markedly truncated Kaiser’s ability to give
competent supportive
care
to Mr. Causing, and which made it difficult for nurses to keep track
of his vital signs and his blood oxygen level, were taken over the
protests of the family, and this conduct and the protests by the
family ignored by the defendants were foreseeably conveyed to the
rest of the family, the plaintiffs in this case.
27. These
extreme and outrageous actions, removing a patient from much of his
basic supportive
care, when he was still legally alive, by brain function and
circulatory stability criteria, pursuant to Health and Safety Code
Section 7180, and over the protests of the family, was another
instance of outrageous action which defendants knew, and were
substantially certain would cause plaintiffs severe emotional
distress and which did cause severe emotional distress to them.
28.
After
transfer to the less acute ward, and removal of the arterial line,
Dr. KHARESTAN Dr.
BECKHAM, and Dr. GREATHOUSE and Does 96-100 ordered the clamping of Mr.
Causing’s ventriculostomy tube. This tube had been placed,
albeit three days too late because of Kaiser’s negligence,
into Mr.
Causing’s brain to decompress the brain by reducing the
increased
intracranial pressure that had caused Mr. Causing’s admitting
signs
and symptoms and eventually, absent treatment, the herniation of his
brain through the foramen magnum. By clamping this tube, Dr.
KHARESTAN and Does 96-100 removed the sole effective treatment of Mr.
Causing’s increased intracranial pressure, and made his death
from
resumed increase in intracranial pressure likely. It was clear to
Dr. KHARESTAN and Dr. BECKHAM and Dr. GREATHOUSE and Does 96-100 that
stopping treatment of Mr. Causing’s increased intracranial
pressure
would cause or hasten Sotero Causing’s death. They clamped
this
tube anyway, knowing the likely consequences and over the protests of
the family. 29. This
affirmative act, designed to remove one important element of
supportive care Dr.
KHARESTAN,
Dr. BECKHAM, Dr. GREATHOUSE and Does 96-100 believed to be
life-sustaining, was understood by the two nurses in the family, Mr.
Causing’s wife and sister, for what it was, and this act was
foreseeably described to the plaintiffs. Defendants were
substantially certain that this act would cause severe emotional
distress in plaintiffs, and this act did cause emotional distress in
the plaintiffs. 30.
When the family insisted that supportive care be continued, and Dr.
KHARESTAN and Dr.
BECKHAM and Does 96-100 insisted that in their view Mr. Causing was
“already brain dead” Dr. KHARESTAN and Does 96-100
ordered an EEG
on Mr. Causing, the report of which explicitly notes that the purpose
of the EEG was to prove brain death. This EEG did not
show a flat tracing, indicative of brain death, but instead showed
persistent brain wave activity. No later EEG was performed before
Dr. KHARESTAN, Dr. BECKHAM and Does 96-100 removed Mr. Causing from
his ventilator, against the wishes of the family. At the time Dr.
KHARESTAN and Does 96-100 killed Mr. Causing by removing him from
ventilator report, the last and only EEG report in the medical record
showed brain function, and precluded the diagnosis of brain death
pursuant to Health and Safety Code section 7180.
31. The
fact that Mr. Causing remained alive after transfer from the ICU,
after removal of his
arterial
line, after clamping of his ventriculostomy tube, and the fact that
his EEG showed brain activity, and that his blood pressure and pulse
rate stayed normal without medication or circulatory support all proved
frustrating to Dr. KHARESTAN, Dr. BECKHAM, Dr. GREATHOUSE and
Does 96-100. Both the presence of brain wave activity by EEG and the
stability of Mr. Causing’s circulatory status without
support,
according to Health and Safety Code Section 7180, explicitly excluded
the diagnosis of “death” that Dr. KHARESTAN and
Does 96-100
repeatedly tried to apply to Mr. Causing, to the grief and distress
of his family. Health
and Safety Code §7180 “Determination of
death” provides the
following: “(a)
An individual who has sustained either (1) irreversible cessation of
circulatory and respiratory functions, or (2) irreversible cessation
of all functions of the entire brain, including the brain stem, is
dead. A determination of death must be made in accordance with
accepted medical standards.”
Since
the last EEG performed on Mr. Causing showed brain function in form
of an EEG that was not flat, and since the discharge of Mr. Causing
from the ICU and the discontinuation of any circulatory support did
not cause any change in Mr. Causing’s blood pressure or pulse
rate,
it is clear that until Kaiser physicians terminated Mr.
Causing’s
ventilator support, Mr. Causing was legally alive.
32.
Dr.
KHARESTAN and Dr. BECKHAM and Does 96-100 continued to rudely inform
the members
of the immediate family, Mr. Causing’s wife, children and
sister
that the doctors and only the doctors would decide what treatments
would be given or withheld, and whether or not supportive care would
be terminated. The other members of Mr. Causing’s family, the
plaintiffs in this action, were made aware of the position being
taken by these defendants, as expressed to the immediate family,
namely the opinion that Mr. Causing was regarded by the defendants as
being already dead despite his normal blood pressure and pulse rate
without circulatory support and his EEG showing brain wave activity,
and that any decisions about treatment, resuscitation, or
discontinuation of support needed to maintain life were the province
of the defendant doctors and Kaiser and that the family had no right
to make ultimate decisions about those matters.
33. The
information that the immediate family was being disregarded in their
attempts to make
sure that Mr. Causing receive competent life support, and that
important monitoring and treatment measures were to be withdrawn over
the immediate family’s protests and against their will
foreseeably
and with substantial certainty caused great grief and unhappiness and
emotional distress to the plaintiffs. This grief and emotional
distress was the foreseeable and intended result of the
defendant’s
rude and arrogant decisions to stop ICU care, to write a
“DNR”
order, to cease any circulatory support, to stop monitoring Mr.
Causing’s vital signs, to clamp his ventriculostomy tube and
eventually to take him off a ventilator. These intentional and
outrageous acts, intentional because the defendants had substantial
certainty of the distress that would be caused in the plaintiffs by
these actions, outrageous in the frank taking of a life by health
care practitioners sworn to preserve life and in the profound
disrespect shown to the family’s personal, moral and
religious
views as regards their loved one, and to the family’s desire
to
show their loved one respect in the face of medical disaster, in
fact proximately caused the intended substantial distress in the
plaintiffs. The continuing reference to Mr. Causing as being
“dead”
or “brain dead” when the family, including two
nurses, knew that
his EEG showed brain activity, and when the defendants and Does
96-100 knew Mr. Causing still had brain wave activity, was further
intentional and outrageous action by the defendants and Does 96-100
which defendants with substantial certainty knew would cause great
distress to the family of Mr. Causing, including the plaintiffs, and
which proximately caused such distress.
/
/ / / 34. By
December 24, 2004, all named defendants and Does 96-100's attempts
to kill Mr. Causing
or have him declared legally dead had failed, and the family was
vindicated. Dr. KHARESTAN, Dr. BECKHAM, Dr. GREATHOUSE and Does
96-100 had actively attempted to kill Mr. Causing by the
administration of fluids leading to a serum sodium of 168 and blood
sugar of over 450. They were frustrated when he persisted in living.
They had tried to show that he was legally dead via the finding of a
flat EEG, and were frustrated when that examination showed brain wave
activity. They attempted to “let him die” by
discontinuing ICU
care and careful monitoring of Mr. Causing’s blood pressure,
pulse
rate and blood oxygen level; still he lived. They hoped that his
blood pressure would drop when he was not given medications for
circulatory support; still he lived. They clamped his
ventriculostomy tube, removing Mr. Causing’s main protection
against recurrence of the increase in intracranial pressure that had
led to his initial brain damage; still he lived.
35. When
all these attempts to kill Mr. Causing or to let him die by
witholding routine
supportive
care of a type given to acutely ill patients as a matter or course
daily at Kaiser and at our community hospitals, Dr. KHARESTAN, Dr.
BECKHAM and Does 96-100 decided that the only way to make sure Mr.
Causing died was to take him off his respirator.
36. Ventilator
care is routine hospital care, in an ICU and on less acute hospital
wards. Patients
sometimes stay on ventilators for weeks or months as they are given
the opportunity to recover. Eight days after Mr. Causing’s
brain
herniated as the result of Kaiser physicians’ negligent care,
Dr.
KHARESTAN, Dr. BECKHAM, Dr. GREATHOUSE, and Does 96-100 decided that
Mr. Causing was to be taken off his ventilator. The family protested
vigorously. 37.
In
characteristic fashion, Dr. KHARESTAN, Dr. BECKHAM, Dr. GREATHOUSE
and Does
96-100 informed the family, in a public manner, that the decision
about taking Mr. Causing off his ventilator was not the
family’s to
make, that it was Dr. KHARESTAN’s and KAISER’S
decision to make. A similar sentiment was voiced by Dr. BECKHAM and
Does 90-95, and
documented in the medical record of Mr. Causing, to the effect that
the family “lacked insight” and did not understand
that Mr.
Causing was already dead, all at a time when Mr. Causing was not
legally dead. No defendant showed any knowledge of the applicable
law on point, or sought advice from hospital or corporate counsel. Each
was following what they believed to be Kaiser’s policies and
procedures on point. Plaintiffs assert that these doctors were
following what Kaiser had led them to believe was Kaiser’s
policy
in dealing with deeply injured patients, and that Kaiser induced,
acknowledged and/or endorsed this conduct, by inculcating it and/or
by failing to discipline such conduct or declare it improper or in
violation of Kaiser policy.
38.
Dr. KHARESTAN, Dr. BECKHAM and Does 96-100 then informed the
immediate family,
who foreseeably informed the plaintiffs, as defendants knew they
would, and suggested that they do, that defendants and Does 96-100
intended to kill Mr. Causing by removing him from his mechanical
ventilation at a fixed time later that day. This was conveyed to
plaintiffs, who were told to come in and say goodbye to Mr. Causing
and to bring any relative who wanted to say goodbye to Mr. Causing to
the hospital immediately or risk coming after he had been killed. This
extreme and outrageous action was accompanied by a substantial
certainty in the defendants, amounting to legal intent, that it would
cause great emotional distress in the family, including plaintiffs.
This act was actually carried out on the orders of Dr. KHARESTAN, Dr.
BECKHAM, Dr. GREATHOUSE and Does 96-100, resulting in a large family,
including plaintiffs, being forced to watch as a doctor, over family
protests, took Mr. Causing off the ventilator he needed to live, and
were forced to watch as Mr. Causing gradually died before their eyes
over the next hour and a quarter. This intentional and outrageous
act was certain to cause great anguish and distress to plaintiffs;
defendants Dr. KHARESTAN, Dr. BECKHAM and Does 96-100 knew that it
would and intended it to happen, and this conduct was the proximate
cause of great grief. /
/ / / 39.
Defendants
Dr. KHARESTAN, Dr. BECKHAM, Dr. GREATHOUSE and Does 90-100
in
this case knew that there was substantial certainty that their acts,
individually and collectively, would cause great distress and grief
to the plaintiffs; these acts, outrageous in their brutality,
intended to cause the end of a life, intended to treat the family of
a brain-injured man as though they were without legal or moral
rights, intended to treat the family of a brain-injured man as though
the doctors, rather than the family, had the right to decide when
life-sustaining treatment would be withheld or discontinued; intended
to demean, chastise, disenfranchise and derogate the family,
including plaintiffs, and to force them to be a witness to defendants
and Does 90-100’s desire to control life and death at Kaiser
Hospital beyond any legal and moral right to do so; these acts were
outrageous, were intentional, were substantially certain to cause
plaintiffs great grief, predictably caused such great grief, and are
the predicate for this lawsuit grounded in intentional infliction of
emotional distress in those siblings, nieces and nephews of Mr.
Causing who were present at some of the acts which caused his death,
and in those siblings, nieces and nephews who seek damages for
intentional infliction of emotional distress in this lawsuit.
40. The
named defendants and Does 96-100, and each of them, engaged in
extreme and outrageous
conduct, with the substantial certainty amounting to intent, with
reckless disregard for the consequences of their actions, and with
frank intent of causing emotional distress in the plaintiffs; the
plaintiffs in fact did experience severe emotional distress, and this
severe emotional distress was legally and proximately caused by this
outrageous conduct of the named defendants and Does 90-100. These
named defendants and Does 96-100 declared a live man to be dead to
his family, against their protests; withdrew one critical life
sustaining treatment after another, against the protests of the
family and with great rudeness, arrogance, and public hatefulness
toward the family which was trying to preserve their loved
one’s
life and his and their basic dignity; tried in vain to show that Mr.
Causing met the legal criteria of death, their actions being in vain
because Mr. Causing was not legally dead, and then
killed Mr.
Causing by withdrawing ventilatory support, a routine form of
treatment given daily to thousands of critically ill patients in Los
Angeles. 41.
Plaintiffs,
and each of them, seek compensatory damages for the emotional
distress needlessly
heaped on them by the outrageous conduct of the named defendants and
Does 90-100, and will seek punitive damages as well for this
intentional tort, from the specific defendants named now or added as
Doe defendants, and from the medical entity that employed these
defendants, which, through its policies, caused and later ratified
and endorsed this tortious conduct.
WHEREFORE,
Plaintiffs pray for judgment against Defendants, and each of them, as
follows: 1.
General
damages according to proof;
2.
Punitive
damages according to proof;
3.
Prejudgment
interest; 4. Such
other and further relief as the court may deem proper.
DATED:
May 18, 2006 COHEN
& RUDD
By:__________________________________
Arlan
A. Cohen, M.D., J.D. Attorney
for Plaintiffs, SEVERO CAUSING, JR.
, RUTH
GALLENERO, PETE CAUSING,
MAY LEYRIT
CAUSING, CHRISTINA CAUSING
KAYRA
CAUSING, MAY CAUSING,
IRENE DEANON,
LAURIE MICHELLE DEANON,
JAN
MICHAEL DEANON, HEATHER JOY
DEANON,
ESTRELLA CAMPOS, BOY
CAMPOS,
JEANNANE CAMPOS, JEFFREY
CAMPOS,
LUNA POSA, TONY POSA, MARK
POSA,
CHRISTIE POSA, CARMEN AVILA
RUBY
CAUSING PANUNCIALMAN, AS
PERSONAL
REPRESENTATIVES OF THE
ESTATE
OF
SOTERO CAUSING, DECEDENT
KAISERPAPERS.INFO legalstuff.kaiserpapers.info
|