The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL
Plaintiff Dondi Van Horn ("Plaintiff") filed the instant motion to compel on July 10, 2009. The motion was heard on July 31, 2009, before the Honorable Dennis L. Beck, United States Magistrate Judge. Brandon Almond appeared on behalf of Plaintiff. Daniel Wainwright appeared on behalf of Defendant Madera Community Hospital ("MCH"). Christopher Bell appeared on behalf of Defendant Naeem Siddiqi, M.D., and Travis Stokes appeared on behalf of Defendant Tina Dhillon, M.D.
Plaintiff filed this civil rights action on October 24, 2008. On June 25, 2009, she filed a Second Amended Complaint ("SAC") alleging deliberate indifference to a serious medical need in violation of 42 U.S.C. § 1983, as well as state law causes of action. Plaintiff names Tina Hornbeak, Warden of Valley State Prison for Women ("VSPW"), James Tilton, Secretary of the California Department of Corrections and Rehabilitation ("CDCR"), Robin Dezember, Chief Deputy Secretary of CDCR, Jeff Thompson, Director of CDCR, Dr. Virk, Chief Medical Officer VSPW, James Heinrich, physician at VSPW, Madera Community Hospital ("MCH") 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 VSPW. The treatment she complains of occurred at both VSPW and MCH, a private hospital that contracted with CDCR to treat inmate patients. Plaintiff alleges that this agreement required MCH to comply with CDCR medical policies, practices and procedures.
According to the SAC, Plaintiff was 34 weeks pregnant when she arrived at VSPW on July 31, 2007. Dr. Heinrich was the primary VSPW physician responsible for her prenatal 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 27, 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.*fn1 Plaintiff told Dr. Dhillon that she did not know if she had been tested. MCH contacted VSPW 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 VSPW, 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. She alleges that consistent with CDCR's failure to have in place and/or failure to follow a policy mandating the testing of pregnant women for GBS, MCH also failed in this regard.
Based on these facts, Plaintiff alleges the following causes of action:
1. Deliberate Indifference pursuant to 42 U.S.C. section 1983- CDCR Defendants
2. Deliberate Indifference pursuant to 42 U.S.C. section 1983- VSPW Defendants
3 Professional Negligence- Dr. Heinrich
4. Professional Negligence- MCH, Dr. Dhillon ...