Brittany Hernandez vs. Hoag Memorial Hospital Presbyterian

Response

Cal. Super. - 4th Dist.September 9, 2016

A I T K E N +4 A I T K E N 4 C O H N 3 M A C A R T H U R P L A C E , SU IT E 80 0 © © 0 3 Oo wn hr W o _ aA wn A WL ND = Oo 71 4- 43 4- 14 24 71 4- 43 4- 36 00 F A C S I M I L E SA NT A AN A, CA 92 70 7 N O N N ND N = om A hh BA WOW ND = © VW © = No ~ 28 €9 PRINTED ON RECYCLED PAPER ELECTRONICALLY FILED Superior Court of California, County of Orange 1172772017 at 06:38:00 Ph RICHARD A. HN. ESO. #14515 Clerk of the Superior Court BR Teer kc 145156) By Angelina Nguyen-Do, Deputy Clerk 3 MACARTHUR PLACE, SUITE 800 SANTA ANA, CA 92707-2555 (714) 434-1424 Telephone (714) 434-3600 Facsimile Attorneys for Plaintiffs, Brittany Hernandez and Rene Calderon, SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE- CENTRAL JUSTICE CENTER BRITTANY HERNANDEZ, an individual; RENE ) Case No. 30-2016-00874030 CALDERON, an individual ) Assigned for all Purposes to ) Honorable Martha K. Gooding ) Dept. C/34 ) Plaintiffs ) PLAINTIFFS’ RESPONSE TO ) DEFENDANT RICHARD C. vs. ) AGNEW, M.D. SEPARATE ) STATEMENT ) HOAG MEMORIAL HOSPITAL ) [Filed Concurrently with Opposition to PRESBYTERIAN; RICHARD C. AGNEW, M.D.; ) Motion for Summary Judgment; CLARENCE P. SINKHORN, M.D.; MAGELLA ) Declaration of Plaintiffs’ Expert MEDICAL GROUP, INC. and DOES 1 TO 100, Howard Mandel, M.D.] INCLUSIVE ) Date: December 18, 2017 Time: 1: .m. Defendants. Dept: am BH ) ) Res. No. 72589297 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Plaintiffs, BRITTANY HERNANDEZ and RENE CALDERON, hereby submit the following Separate Statement of Undisputed Material Facts, together with reference to supporting evidence, in support of their Opposition to Defendant’s Motion for Summary Judgment. I] 1 PLAINTIFFS’ RESPONSE TO DEFENDANT RICHARD C. AGNEW, M.D. SEPARATE STATEMENT A I T K E N +4 A I T K E N 4 C O H N 3 M A C A R T H U R P L A C E , SU IT E 80 0 © © NN OO wn BA WwW ND -_ = AA Ww» Ar WLW N D = OO 71 4- 43 4- 14 24 71 4- 43 4- 36 00 F A C S I M I L E S A N T A A N A , C A 92 70 7 NO ] No No No No no ND - -_ - aN Wn ~ Ww No - (= ) Oo co a No J 28 €9 PRINTED ON RECYCLED PAPER UNDISPUTED MATERIAL FACTS IN SUPPORT OF SUMMARY JUDGMENT Moving Party's Undisputed Material Facts and Supporting Evidence: Opposing Parties’ Response and Supporting Evidence: 1. Brittany Hernandez had a medical history of three miscarriages in 2006, 2010, and 2012., as well as migraine headaches. Declaration of Michael Frields, M.D., 2:3-4. (A true and correct copy of Dr. Frields' declaration is attached to this separate statement; the original will be lodged with the court prior to the hearing on the motion.) 1 Undisputed. (For purposes of the instant motion only) because this “fact” is irrelevant to the disposition of this motion.) (Declaration of plaintiff’s expert Howard Mandel) 2. Beginning in August 2012, Ms. Hernandez was seen by OB/GYN Jennifer Lee, M.D., at Newport Beach OB/GYN Medical Group for evaluation of spontaneous abortions. Frields declaration, 2:4-6. 4, Undisputed. (For purposes of the instant motion only) because this “fact” is irrelevant to the disposition of this motion.) (Declaration of plaintiff’s expert Howard Mandel) 3. Dr. Lee ordered extensive testing, including Protein S and C, MTHFR, and lupus anticoagulant studies. Frields declaration, 2:6-7. 3. Undisputed. (For purposes of the instant motion only) because this “fact” is irrelevant to the disposition of this motion.) (Declaration of plaintiff’s expert Howard Mandel) 4. On August 1, 2014, Ms. Hernandez first presented to OB/GYN Richard Agnew, M.D., for an annual examination. 4. Undisputed. (For purposes of the instant motion only) because this “fact” is irrelevant to the disposition of this motion.) 2 PLAINTIFFS’ RESPONSE TO DEFENDANT RICHARD C. AGNEW, M.D. SEPARATE STATEMENT p - 2 3 4 5 6 7 8 9 10 11 12 § 13 £8332 1s 21538 iE 18 19 20 21 22 23 24 25 26 27 28 9 PRINTED ON RECYCLED PAPER Moving Party's Undisputed Material Facts and Supporting Evidence: Opposing Parties’ Response and Supporting Evidence: Frields declaration, 2:8-9. (Declaration of plaintiff’s expert Howard Mandel) 5. She reported a history of occasional migraines for which she took Excedrin. Frields declaration, 2:9-10. 5. Undisputed. (For purposes of the instant motion only) because this “fact” is irrelevant to the disposition of this motion.) (Declaration of plaintiff’s expert Howard Mandel) 6. Ms. Hernandez reported being diagnosed with anemia for which she took medications for one year, but discontinued because they were too expensive. Frields declaration, 2:10-11. 6. Undisputed. (For purposes of the instant motion only) because this “fact” is irrelevant to the disposition of this motion.) | (Declaration of plaintiff’s expert Howard Mandel) 7. Her examination was unremarkable. Frields declaration, 2:11. 5 Undisputed 8. On January 5, 2015, a blood test ordered by Dr. Agnew revealed that Ms. Hernandez was pregnant. Frields declaration, 2:12-13. 8. Undisputed 9. A January 16,2015, ultrasound revealed an intrauterine pregnancy age 5 weeks, 6 days. Frields declaration, 2:13-14. a. Undisputed 10. The estimated date of delivery was September 10, 2015. Frields declaration, 2:14. 10. Undisputed 3 PLAINTIFFS’ RESPONSE TO DEFENDANT RICHARD C. AGNEW, M.D. SEPARATE STATEMENT | 2 3 4 5 6 7 8 9 10 1 12 s 13 PE23% 5 SEP EE “2 18 19 20 21 2 23 24 25 26 27 28 9 PRINTED ON RECYCLED PAPER Moving Party's Undisputed Material Facts and Supporting Evidence: Opposing Parties’ Response and Supporting Evidence: J} Throughout her pregnancy, Ms. Hernandez had regular, unremarkable prenatal care visits with Dr. Agnew. Frields declaration, 2:14-15. 11. Undisputed 12. She had several ultrasounds and was also followed by a perinatologist for polyhydramnios. Frields declaration, 2:15-16. 12. Undisputed (but not relevant.) 13. During August and September 2015, Ms. Hernandez underwent fetal diagnostic testing at Hoag Memorial Hospital Presbyterian. Frields declaration, 2:16-18. 13. Undisputed 14. Each test revealed positive fetal movement. Frields declaration, 2:18. 14. Undisputed 15. On September 9, 2015, Ms. Hernandez last saw Dr. Agnew in his office. Frields declaration, 2:18-19. 15. Undisputed 16. Fetal movement was positive. Frields declaration, 2:19. 16. Undisputed bs Dr. Agnew noted that Ms. Hernandez had gained 18 lbs. during her pregnancy. Frields declaration, 2:19-20. 17. Undisputed 4 PLAINTIFFS’ RESPONSE TO DEFENDANT RICHARD C. AGNEW, M.D. SEPARATE STATEMENT 1 2 3 4 5 6 7 8 9 10 11 12 $ 13 EE, Shp Ew 2E23e §38=z Id Eat d “£218 16 +E GEE & FH « 2 18 19 20 21 22 23 24 25 26 27 28 €9 PRINTED ON RECYCLED PAPER Moving Party's Undisputed Material Facts and Supporting Evidence: Opposing Parties’ Response and Supporting Evidence: 18. A vaginal examination showed that the cervix was closed. Frields declaration, 2:20. 18. Undisputed 19. On September 11, 2015, Ms. Hernandez was at Hoag for her fetal diagnostic testing. Frields declaration, 2:21-22. 19. Undisputed 20. Fetal movement was positive. Frields declaration, 2:22. 20. Undisputed 21. Because a late deceleration was noted on the fetal monitoring, the nurses called perinatologist Michael Haydon, M.D., to review the strips. Frields declaration, 2:22-23. 21. Undisputed 22. Dr. Hayden recommended delivery. Frields declaration, 2:23-24. 22. Undisputed 23. Dr. Agnew was notified. Frields declaration, 2:24. 23. Undisputed 24. Nursing accompanied Ms. Hernandez to labor and delivery, where she was admitted at approximately 10:48 a.m. Frields declaration, 2:24-25. 24. Undisputed 5 PLAINTIFFS’ RESPONSE TO DEFENDANT RICHARD C. AGNEW, M.D. SEPARATE STATEMENT 1 2 3 4 5 6 7 8 9 10 11 12 § 13 2E