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Horn v. Hornbeak

June 17, 2009

DONDI VAN HORN, PLAINTIFF,
v.
TINA HORNBEAK, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER GRANTING PLAINTIFF'S MOTION TO FILE SECOND AMENDED COMPLAINT (Document 80)

Plaintiff Dondi Van Horn ("Plaintiff") filed the instant Motion to File a Second Amended Complaint on May 12, 2009. The motion was heard on June 12, 2009, before the Honorable Dennis L. Beck, United States Magistrate Judge. Jesse Goodman appeared on behalf of Plaintiff. Mario Beltramo appeared on behalf of Defendants.

BACKGROUND

Plaintiff filed this civil rights action on October 24, 2008. She filed a First Amended Complaint ("FAC") on December 11, 2008, alleging deliberate indifference to a serious medical need in violation of 42 U.S.C. section 1983, as well as state law causes of action. Plaintiff names Tina Hornbeak, Warden of Valley State Prison for Women ("VSP"), James Tilton, Secretary of the California Department of Corrections and Rehabilitation ("CDCR"), Robin Dezember, Chief Deputy Secretary of CDCR, Jeff Thompson, Director of CDCR, Robert Sillen, former California Health Care System Receiver, Clark Kelson, acting California Health Care System Receiver, Dr. Virk, Chief Medical Officer VSP, James Heinrich, physician at VSP, Madera Community Hospital and its physicians, Tina Dhillon, M.D., and Naeem Siddiqi, M.D., as Defendants.

Plaintiff's allegations arise from treatment she received while an inmate at VSP. According to the FAC, Plaintiff was 34 weeks pregnant when she arrived at VSP on July 31, 2007. Dr. Heinrich was the primary VSP physician responsible for her care. In August 2007, Plaintiff was treated by Dr. Heinrich and MCH staff a total of six times for matters related to her pregnancy and a fall. On August 26, 2007, at 38 to 39 weeks pregnant, Plaintiff delivered her son by cesarean section at MCH. Shortly before her water broke, MCH physician Dr. Dhillon asked Plaintiff if she knew the results of her Group B Streptococcus ("GBS") test. Plaintiff told Dr. Dhillon that she did not know if she had been tested. MCH contacted VSP to obtain a copy of her most recent ultrasound and GBS test results, but the records could not be located. Plaintiff did not receive antibiotics during delivery.

Immediately after birth, Plaintiff's son was considered "vigorous" and had an Apgar score of 9. However, his condition deteriorated rapidly and he died the next day, August 27, 2007. The cause of death was a perinatal GBS infection.

Plaintiff alleges that during her treatment at VSP, she was not tested for GBS despite numerous opportunities to do so. She further alleges that MCH failed to perform a GBS test and failed to treat Plaintiff for a possible infection during delivery.

After rulings on subsequent motions to dismiss, the following causes of action remain:

1. Deliberate Indifference pursuant to 42 U.S.C. section 1983- CDCR Defendants

2. Deliberate Indifference pursuant to 42 U.S.C. section 1983- VSP Defendants

3. Professional Negligence- Dr. Heinrich

4. Professional Negligence- MCH, Dr. Dhillon and Dr. Siddiqi

5. Wrongful Death- Dr. Heinrich

6. Wrongful Death- MCH, Dr. Dhillon and Dr. Siddiqi Plaintiff filed the instant Motion to Amend on May 12, 2009, and seeks to add a cause of action against MCH for deliberate ...


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