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Prathees Murugesapillai v. Antelope Valley Emergency Medical Association (Avema)

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


March 24, 2011

PRATHEES MURUGESAPILLAI, PLAINTIFF,
v.
ANTELOPE VALLEY EMERGENCY MEDICAL ASSOCIATION (AVEMA), ANTELOPE VALLEY HOSPITAL, MICHEL LEIDNER, M.D., JENNIFER HILL, M.D., LEROY BACA AS SHERIFF OF LOS ANGELES COUNTY, LOS ANGELES COUNTY SHERIFF'S DEPARTMENT, UNITED STATES OF AMERICA, AND DOES 1-10, DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Manuel L. Real

Brian H. Clausen # 161901 Steve H Shlens #188851 BERTLING & CLAUSEN L.L.P. 15 West Carrillo Street, Suite 100 Santa Barbara, California 93101 Telephone: (805) 892-2100 Facsimile: (805) 963-6044 Attorneys for Defendant JENNIFER HILL, M.D.

STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW OF DEFENDANT JENNIFER HILL, M.D.

Date: March 21s, 2011 Time: 10:00 a.m.

Ctrm: 8

Action Filed: March 3, 2009 Trial Date: July 26, 2011 Final Pre-Trial Conf.: June 20, 2011 Civil Judge: Hon. Manuel L. Real Magistrate Judge Charles F. Eick

After consideration of the papers in support of and in opposition to the Motion for Summary Judgment of Defendant JENNIFER HILL, M.D., and argument of counsel, the Court determines that the following facts have been established as:

UNCONTROVERTED FACTS 1. Defendant JENNIFER HILL, M.D., interpreted a radiology CT scan without contrast on Plaintiff PRATHEES MURUGESAPILLAI on March 4, 2008. [Declaration of Franklin Moser, M.D. ¶ 4.]

2. Dr. Hill interpreted the CT scan as showing evidence of subdural fluid and air overlying the right frontal lobe and a small amount of subdural tracing along the right para- falcine region anteriorly. There is localized sulcal effacement with mild midline shift of the septum pellucidum to the left measuring approximately three millimeters. The systems do remain patent. No intra cranial hemorrhage is seen. Given the concern for meningitis, Dr. Hill noted this was most likely infectious in etiology and correlation with a contrast enhanced MRI would be useful. Dr. Hill also noted paranasal sinus disease. [Declaration of Franklin Moser, M.D. ¶ 7.]

3. Following review of the CT scan, Dr. Hill made a call report to Dr. Leidner regarding the examination. [Declaration of Franklin Moser, M.D. ¶ 8.] 4. The care and treatment rendered by defendant Jennifer Hill, M.D., at all times complied with the standard of care in the care and treatment of PRATHEES MURUGESAPILLAI. [Declaration of Franklin Moser, M.D. ¶ 7-9.] Based upon the following uncontroverted facts, the Court now makes its:

CONCLUSIONS OF LAW.

1. The plaintiff cannot maintain a cause of action against defendant Jennifer Hill, M.D., for alleged medical negligence because the care provided by Dr. Hill complied with the standard of care.

2. Judgment shall be entered in favor of defendant Jennifer Hill, M.D.

Judge of the United States District Court

PROOF OF SERVICE CCP §§ 1011, 1013, 1013a, 2015.5 FRCP 5(b)

STATE OF CALIFORNIA, COUNTY OF SANTA BARBARA

I am employed in the County of Santa Barbara, State of California. I am over the age of 18 and not a party to the within action; my business address is 15 West Carrillo Street Suite 100, Santa Barbara, California 93101.

On February ___, 2011, I served the document described as STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW OF DEFENDANT JENNIFER HILL, M.D. on the interested parties in this action by placing the true copies thereof enclosed in sealed envelopes addressed as stated on the attached mailing list:

PLEASE SEE ATTACHED SERVICE LIST

: BY MAIL I deposited such envelope in the mail at Santa Barbara, California.

The envelope was mailed with postage thereon fully prepaid.

: As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Santa Barbara, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.

: (BY CM/ECF) The above-named document was uploaded (in a "pdf" format) to the

Court's CM/ECF system.

: (BY OVERNIGHT COURIER) I caused a courtesy copy of the above-referenced envelope(s) to be delivered to an overnight courier service for delivery to the judges' chambers only as indicated on the attached Service List.

Executed on February ___, 2011, at Santa Barbara, California.

: (Federal) I declare under penalty of perjury under the laws of the United States of America that the above is true and correct and that I am employed in the office of a member of the bar of this Court at whose direction the service was made.

Joan McMaster

Signature

SERVICE LIST

Mandatory Chambers Copy

Hon. L. Manuel Real United States District Court for the Central District of California Courtroom 8 312 N. Spring Street Los Angeles, CA 90012 (213) 894-5696-Phone (213) 894-6604 - Phone [By Overnight Mail]

[2-hole punch & blueback]

Mandatory Chambers Copy

Hon. Charles F. Eick Courtroom No.: 20, 3rd Floor United States District Court for the Central District of California 312 N. Spring Street Los Angeles, CA 90012 (213) 894-5234 - Phone [By Overnight Mail]

20110324

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