HESTER LAW GROUP, APC SUCCESSFULLY DEFENDS LOS ANGELES HOSPITAL IN BRAIN INJURY CASE

September 2019: In a recent case handled by Lesvia M. Alvarado, Esq., Hester Law Group, APC obtained judgment on behalf of a Los Angeles hospital. In the case, plaintiff alleged to have suffered permanent brain damage as a result of substandard care by several healthcare providers and the nurses at the hospital. Pursuant to the plaintiff’s allegations, plaintiff’s permanent brain injury was caused by a delay in treatment and transfer when he presented to the emergency department at the hospital represented by Hester Law Group, APC. Plaintiff also alleged that the hospital was understaffed and unable to find a transfer location for the plaintiff in a timely manner. Ms. Alvarado moved for Summary Judgment on behalf of the hospital with the support of two well-qualified experts. Despite the motion being opposed with a well-qualified expert on the plaintiff’s side, the Court found that the detailed declaration of the hospital’s expert remained un-rebutted and therefore no triable issues of fact existed upon which a jury could find against the hospital. Pursuant to California law, the hospital may obtain prevailing party costs, including experts’ fees.

SUCCESSFUL MOTION FOR SUMMARY JUDGMENT AND VICTORY ON APPEAL FOR AN ACUTE CARE FACILITY

In June 2019, the Plaintiff suffered a number of complications after giving birth to her son. She filed a complaint in the Los Angeles Superior Court against the various entities and doctors responsible for her treatment, alleging they negligently caused her injuries. The defendants filed motions for summary judgment in compliance with the applicable statutory requirements. Rather than comply with the statutory requirements for opposing the motions, the Plaintiff raised several procedural objections. The trial court overruled the objections and granted summary judgment to all defendants. Plaintiff's attempt to challenge the motions on procedural grounds rather than on the merits was not adequate to defeat summary judgment.

Following the granting of the motions, defendants submitted proposed Judgments to which plaintiff objected. After entry of those Judgments, plaintiff filed a Motion for New Trial. The Court denied plaintiff's Motion for New Trial and the Plaintiff filed an appeal.

The Respondents' Appellate Brief, prepared by Barbara M. Reardon, Esq. of the Hester Law Group, APC, succinctly refuted each of plaintiff's arguments. A few days before the argument, the Court sent out its tentative ruling which adopted the arguments made by defendants.

After discovery, defendants filed separate Motions for Summary Judgment establishing that each defendant met the standard of care applicable to it and that no act or omission on the part of either defendant caused or contributed to any injury to plaintiff.

After respondents were given an opportunity to argue, the Court took the matter under submission. The Court ruling, about a month later, was consistent with its tentative ruling, affirming the Superior Court's judgment. Defendants were awarded their costs. (An interesting side note: shortly after the oral argument in this matter, counsel for plaintiff was suspended from practice.)

ELDER ABUSE VICTORY ON DEMURRER AND ON APPEAL FOR ACUTE CARE FACILITY

In February 2019, Barbara M. Reardon, Esq. of the Hester Law Group, APC, successfully defended an acute care facility in Glendale California by demurring to a Complaint filed in the Los Angeles County Superior Court for elder abuse, wrongful death, emotional distress and fraud.

The Court sustained the Demurrer on all grounds without leave to amend. Judgment of dismissal was entered and the plaintiffs filed an appeal.

The Court of Appeal affirmed the judgment of the trial court, finding that plaintiffs' claims were barred by the applicable statutes of limitations. Often, plaintiffs' subsequent amended pleadings are held to "relate back" to the original Complaint if the claims are based on the same set of facts, and seek recovery for the same injury based on the same instrumentality. However, in this case, the original Complaint alleged only claims personal to decedent's family members whereas the First Amended Complaint alleged only the decedent's claim for elder abuse. It was not timely filed.

In a twist, the plaintiffs attempted to state a claim for financial elder abuse in the Third Amended Complaint. (That claim has a four-year statute of limitations.) The Court of Appeal rejected plaintiffs' effort, holding that the plaintiffs' allegations of financial elder abuse "cannot reasonably be construed as stating a claim for the wrongful appropriation of real or personal property within the meaning of the Act." At best, they are additional allegations relating to the care and treatment provided decedent. They are therefore part of the claim for physical abuse and neglect.

Cecille L. Hester has been invited by the Pacific Coast Region of the WOCN

… to present at the “Increasing Our Odds For Success” Pre-Conference Workshop: Examining Nursing Malpractice: Focus on Wound Care. | South Lake Tahoe, NV | March 22, 2018.
Co-presenters: Sandra Higelin and Jill Davidson.

The American Association of Nurse Attorneys (TAANA)

Cecille L. Hester will be co-presenting with Sandra Higelin at The American Association of Nurse Attorneys (TAANA) on Friday November 11, 2016 Session 9. The presentation will cover Elder/Dependent Adult Abuse in Healthcare Institutions and Mandated Reporting Law. For detailed information click here.

Cecille L. Hester and Lesvia M. Alavarado obtained a defense verdict in Haroutunyan v. CHA Hollywood Medical Center, LP dba Hollywood Presbyterian Medical Center

Their win is featured in ALM Media‘s VerdictSearch (verdictsearch.com) & Jury Verdict Alert (juryverdictalert.com):

Defense: Pressure sores due to unavoidable medical conditions
Superior Court of Los Angeles County, Los Angeles, CA

On March 18, 2016, plaintiff Gevorg Haroutunyan, 81, a retiree, was placed on BiPAP therapy at Hollywood Presbyterian Medical Center, in Los Angeles, after there was no response to progressive respiratory therapy and oxygenation methods were unsuccessful. Haroutunyan was previously admitted to the emergency department at Hollywood Presbyterian Medical Center for a humeral fracture to the right arm on March 15, 2016, which was one day before his 81st birthday. The fracture occurred at home, where… (Click here to see full verdict)

Southern California Association for Healthcare Risk Management (SCAHRM)

Cecille L. Hester has been invited to speak at the SCAHRM 35th Annual Educational Conference at the Omni Rancho Las Palmas Resort & Spa on Thursday, May 7th, 2015. She'll be speaking at the 11:10 a.m. session entitled “From Bedside Caregiver to Criminal Defendant ‐ What You Need to Know About Mandated Abuse Reporting.” Co‐presenting with Cecille are Mary De Los Reyes and Gary Lincenberg.

Principal Cecille L. Hester takes pride in announcing the formation of her new law practice

Hester Law Group, APC

And The Defense Wins