Dao v. Washington Township Healthcare Dist
Filed 6/23/06 Dao v. Washington Township Healthcare Dist. CA1/4
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FOUR
| LINH DAO et al., Plaintiffs and Appellants, v. WASHINGTON TOWNSHIP HEALTH CARE DISTRICT et al., Defendants and Respondents. | A110105 (Alameda County Super. Ct. No. 2002065566) |
Family members of decedent Hieu Vu (appellants)[1] appeal from the trial court's (1) sustaining of demurrers without leave to amend, and (2) entering summary judgments in favor of all respondents. We affirm.
I. BACKGROUND
A. Hieu Vu's Illness and Death.
The decedent, Hieu Vu, was diagnosed with myelodysplastic syndrome (MDS) in December 1994. She was 59 years old at the time. MDS is a preleukemic disease in which bone marrow stops making healthy blood cells and instead produces poorly functioning, immature blood cells.
Dr. Cheng was Vu's primary care physician and hematologist at the time. In March 1995 Vu began seeing Dr. Sadiq for her hematological care. The family sought a second opinion concerning possible therapies, consulting with Dr. Wolf at Alta Bates Medical Center in January 2000. Dr. Wolf recommended a bone marrow aspirate with cytogenetics to assess the disease. He also indicated Vu may have an underlying cardiac problem which, in combination with her age, made her a poor candidate for allogeneic transplantation.
Vu returned to the care of Dr. Cheng in July 2000.
Vu was also evaluated on more than one occasion by physicians at Stanford University Medical Center. The assessment was that she was a poor candidate for transplantation.
In September 2001 Vu was admitted to Washington Hospital in Fremont. She had complaints of abdominal pain and fever. Vu died there on September 19, 2001. The certificate of death listed the cause of death as klebsiella septicemia due to pancytopenia due to MDS.
B. Procedural History
Washington Hospital is operated by Washington Township, a public entity. On March 18, 2002, appellants served a claim against Washington Township pursuant to Government Code section 910, alleging wrongful death. Washington Township rejected the claim. Linh Dao, in pro. per., filed a complaint for damages in September 2002 against Washington Township, Dr. Cheng and Dr. Sadiq.
The second amended complaint (SAC), was filed August 6, 2003, with five family members as plaintiffs. The court sustained the demurrers of all defendants to the SAC without leave to amend as to the cause of action for negligent infliction of emotional distress, based on failure to plead facts that established a basis for liability for third party emotional distress damages. As to the causes of action for malpractice, intentional infliction of emotional distress, willful misconduct, elder abuse and survivorship, the court sustained Washington Township's demurrer without leave to amend on statute of limitations grounds. The court granted leave to amend various causes of action against the doctors.
With their fifth amended complaint, appellants added a cause of action against Drs. Cheng and Sadiq, plus additional allegations. This time the court sustained the doctors' demurrers to all causes of action without leave to amend, except the cause of action for wrongful death. This cause was set for trial against all defendants. Each defendant moved successfully for summary judgment on the wrongful death cause. The court explained that â€
