California Court of Appeals, First District, First Division
Lidia C. BORRAYO, Plaintiff and Appellant,
G. James AVERY, Defendant and Respondent.
Cal.Rptr.3d 826] San Francisco County Superior Court, Hon.
Ernest Goldsmith. (San Francisco County Super. Ct. No.
[Copyrighted Material Omitted]
Offices of Michael E. Adams, Michael E. Adams, Redwood City,
for Plaintiff and Appellant.
Reyen & Pryor, Virgil F. Pryor, Bret R. Landess, San
Francisco, for Defendant and Respondent.
Plaintiff Lidia C. Borrayo sued defendant Dr. G. James Avery,
alleging he had engaged in medical malpractice during the
course of treating her for a condition known as thoracic
outlet syndrome. Defendant moved for summary judgment, which
the trial court granted after sustaining his objection to her
sole expert witnesss declaration. On appeal, plaintiff
argues that this expert witness, a physician licensed to
practice medicine in Mexico, was qualified to provide an
opinion about the standard of care to which defendant was
held. We agree and reverse.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
many years, plaintiff worked for eight to 10 hours a day in
silk-screen production. The work involved repetitive motions
such as pushing her right arm back and forth and lifting
fabric up and down, producing 200 canvasses per day, each
using three colors.
19 and 20, 2008, Dr. Abraham Castrejon Pineda, a physician
licensed in Mexico, performed orthopedic examinations of
March 5, 2009, plaintiff sought treatment from defendant. At
that time, she presented with long-standing complaints of
intense pain in her right shoulder and scapula, numbness and
swelling, painful grip, and weakness when raising her right
elbow. After examining her and reviewing MRI results,
defendant diagnosed her as [205 Cal.Rptr.3d 827] having
severe thoracic outlet syndrome (TOS) on the right side,
secondary to repetitive stress at work. He recommended that
she undergo surgery to rectify the condition.
September 4, 2009, defendant performed the recommended
surgery on plaintiff. The surgery involved the removal of the
right first rib. Plaintiff
suffered adverse symptoms approximately 12 months following
the surgery, including pain upon moving her right arm, as