Sit~rri R. Ca ;e~, i;x~: • ~ , ~ Utt>c~rlt%~~~k Ali 2018-02-09 Lawsuit.pdf1 2 3 4 5 6 7 8 9 10 11...

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:.Steve Heimberg, Esq. (SBN127413}Marsha E. Barr-Fernandez, Esq. (SBN 200896)

I HEIMBERG BARB, LLP ~~~~ ~~~ ~, ~;~g~~-800 West Sixth Street, Suite 1500 ~~~~~ ~, ~6~~Los Angeles, California 90017-2718 ~uper~or ~~urt o¢ ~a~~f~~'r~i~

Telephone: (213) 213-1500 c~~"tv of ~"5 a"~Pi~s

Facsimile: (213) 213-1520 Fig d ~ ~fl1gmbarr~a heimber~barr.com

Sit~rri R. Ca ;e~, i;x~: •►~ , ~ Utt>c~rlt%~~~kBruce Broillet, Esq. (SBN 63910) ~~~~~Alan Van Gelder, Esq. (SBN 221820)

_~,~Y' ~,~,SPa 5n~+,

GREENE BROILLET &WHEELER LLP100 Wilshire Blvd., Ste. 2100Santa Monica, California 9040 ]. -1162Telephone: (310) 576-1200Facsimile: (310) 57b-1220avan ~e der~a gbw.law

Attorneys for Plaintiffs LOUISE PAXTON, JAMES PA.XTON, L,YDIA PAXTON, andthe ESTATE OF WILLIAM PAXTON, by and through its Successor-in-Interest,LOUISE PAXTON

SUPERI(JR COURT FOR'

FOR THE COUN"

LOUISE PAXTON, JEIMES P.AXTON,LYDIA P.AXTON, and the ESTATE OFWILLIAM PAXTON, by and throughits Successor-in-Interest, LOUISEPAXTON,

Plaintiffs,vs.

CEDARS-SINAI MEDICAL CENTER; ;ALI KHOYNEZHAD, M.D.;SOUTHBAY MEDICAL PARTNERS,INC., and DOES I THROUGH 100,INCLUSIVE,

I'HE STATE OF CALIFORNIA

,Y OF LOS ANGELES

CASE NO. ~~ ~

COMPLAINT FOR DAMAGESl

L WRONGFUL DEATH2. NEGLIGENCE3. HOSPITAL NEGLIGENCE

1 4. BREACH OF FIDUCIARY DUTY5. BATTERY6. SURVIVAL, ACTION

DEMAND FOR TRIAL BY JURY

~ DAMAGES EXCEED $25,000

Defendants.

COME NOW the Plaintiffs, and for causes of action against Defendants, and each

of them, complain and allege as follows:

iCOMPLAINT FOR DAMAGES

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GENERAL ALLEGATIONS

1. At all times mentioned herein, Plaintiff LOIJISE PAXTON was and is the

wife of WILLIAM PAXTON. At all times mentioned herein LOUISE PAXTON was

and is a resident of the State of California, County of Ventura. At all times mentioned

herein LOUIS PAXTON was and is the successor in interest of the ESTATE OF

WILLIAM PAXTON. At all times mentioned herein, Plaintiffs JAMES PAXTON and

LYDIA PAXTON were and are the biological children of WILLIAM PAXTON and

LOIJISE PAXTON. At all times mentioned herein JAMES PAXTON and LYDIA

PAXTON are residents of the State of California.

2. LOUISE PAXTON, JAMES PAXTON, LYDIA PAXTON, and the

ESTATE OF WILLIAM PAXTON are collectively referred to as Plaintiffs in this

complaint.

3. At all times herein mentioned, Defendant CEDARS-SINAI MEDICAL

CENTER was and is: (a} engaged in ovaning, operating, maintaining, managing and

doing business in the State of California as CEDARS-SINAI MEDICAL CENTER; (b)

engaged in rendering medical, surgical, clinic, diagnostic, nursing and other care and

services to the general public for compensation; and (c) a corporation, partnership, sole

proprietorship, joint venture, unincorporated association, or some other business entity

doing business in the County of Los Angeles, State of California and duly organized and ~

existing under and by virtue of the laws of the County of Los Angeles, State of

California

4. At all tunes herein nnentioned, Defendant ALI KHOYNEZHIID, M.D. was

and is a physician duly licensed to practice his profession, or was engaged in the practice

of his profession, in the County of Los Angeles, State of California.

5. At all times herein mentioned Defendant SOUTHBAY MEDICAL

PA.R"I`NERS, INC. was and is a corporation, partnership, sole proprietorship, joint

venture, unincorporated association, or some other business entity doing business in the

aCOMPLAINT FOR DAMAGES

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County of Los Angeles, State of California and duly organized and existing under and

virtue of the laws of the County of Los Angeles, State of California

6. The true names and/or capacities, whether individual, corporate, associate

or otherwise of defendant DOES 1 through 100, inclusive, are unl~nown to plaintiffs at

this time, who therefore sue said defendants by such fictitious names. Plaintiffs are

informed and believe and thereupon allege that each of the defendants fictitiously named

herein as a DOE is legally responsible, negligently or in some other actionable manner,

for the events and happenings hereinafter referred to, and thereby proximately caused the

injuries and damages to plaintiffs as hereinafter alleged. The plaintiffs.will aslc leave of

court to amend this Complaint to insert the true names and/or capacities of such

fictitiously named defendants when the same have been ascertained.

7. Plaintiffs are informed and believe and thereupon allege that at all times

mentioned herein, defendants, and each of them, including DOSS 1 through 100, and

each of them, were the agents, servants, employees, successors in interest and/or joint

venturers of their codefendants, and were, as such, actizlg within the course, scope and

authority of said agency, employment, successorship in interest and/ax joint venture, and

that each and every defendant, as aforesaid, when acting as a principal, was negligent in

the selection and hiring of each and every defendant as an agent, employee, successor in

interest and/or joint venturer.

8. Each of the Defendants designated herein as a Doe is responsible, in sorrie

z~nanner, for the events and happenings herein referred to, thereby legally causing the

injuries and damages to ~'laintiff as hereinafter alleged.

9. During said periods of time hereinabove alleged, Defendants, and DOES 1-

~ 100, inclusive, and each of them, agreed to perform and undertook to perform all

services necessary to WILLIAM PAXTON'S care, including both medical and non-

medical services, which included, but were not limited to, observation, attention,

examination, evaluation, diagnosis, care and treatment of WILLIAM PAXTON herein,

as well as proper administrative and clerical management of his health care needs. In so

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COMPLAINT FOR DAMAGES

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doing, the Defendants, and each. of them, established a relationship with WILLIAM

PAXTON and the Plaintiffs herein, giving rise to each Defendants' duty to provide

skillful management of WILLIAM PAXTON' S health conditions and medical, clerical

( I and administrative needs.

10. In connection with the diagnosis, care, observation, attention, and other

such treatment provided to WILLIAM PAXTON, the Defendants, and each of them, did

represent and warrant that they did possess and would use that degree of medical,

hospital, laboratory, radiological, administrative or clerical skill, care, knowledge and

learning which is ordinarily and commonly possessed or exercised by medical facilities,

clinics, hospitals, doctors, physicians, medical specialists and radiological and laboratory

technicians, and by insurers, clerks and administrative persormel, and ordinarily

possessed and exercised by other reputable members of the trades or profession, in the

same or similar locality as the Defendants herein, and each of theirs.

11, At all relevant times, Defendants, and each of them were the employees,

agents, ostensible agents, servants, contractors, and or joint venturers of each other and

of their co-Defendants and were acting within the course and scope and purpose of that

employment, agency, contract, or joint venture. Each Defendant had also given prior

approval and subsequent ratification for the conduct, acts, and/or omissions of the other

Defendants, and each of them.

12. Plaintiffs axe informed and believes, and thereon alleges, that at all times

relevant herein, each Defendant was completely dominated and controlled by his/her/its

co-Defendant and each was the alter ego of the other as to the events set forth herein.

13. At all times herein nnentioned, Defendants, and each of them, when acting

as a principal, was negligent in the selection and hiring of each arzd every other Co-

Defendant as an employee, agent, servant or contractor and, furthermore, expressly

directed, consented to, approved, affirmed, and ratified each and every action taken by

the co-Defendants.


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14. Defendants' acts and omissions include conduct by pexsons and/or entities

not within the definition of "health care provider" under California Civil Code §3333.1,

or by the administrative and clerical staff of Defendants, and each of them, and/or

conduct not within the definition of "professional negligence" under California Civil

', Code §3333.1.

15. This Court is the proper Court, because injury to Plaintiff occurred in its

jurisdictional area and because damages exceed the jurisdictional limits of lower courts.

GENERAL ALLEGATIONS OF THE CII2CUMSTANCES

S~UI2ROUNDING THE COMPLAINED-OF INJURIES

16. Plaintiffs hexeby incorporate and re-allege by reference, all of the

allegations contained in Paragraphs 1 through 15 of this Complaint, as though fully set

forth herein.

17. Decedent WILLIAM 1'AXTON consulted Defendants, and each of them, in

connection with Decedent's cardiac conditions that included bicuspid aortic valve and

aortic aneurysm. He presented to Defendants CEDARS-SINAI MEDICAL CENTER,

~1.I,I KHOYNEZHAD, M.D.. and SOUTHBAY MEDICAL PARTNERS, INC. for

consultation and treatment. Defendant ALI KHOYNEZIIAD, M.D. recommended to

Decedent and Plaintiffs that Decedent undergo heart surgery for aortic aneurysm repazr

by Defendant ALI KHOYNEZHAD, M.D at Defendant CEDARS-SINAI MEDICAL

CENTER on Februaxy 14, 201.7. Based upon information and belief, heart surgery was

not indicated.

18. Prior to Decedent WILLIAM PAXTON's February 14, 2017 surgery,

Defendants, and each of them, misrepresented andlor concealed- information relating to

the risks of surgery and care that would be provided and/or failed to adequately explain

the proposed treatment or procedure and/or failed to disclose that Defendant .A_LI

KHOYNEZHAD, M.D. was going to use a high risk and unconventional surgical

approach with which he lacked experience and which was, based upon information and

belief, beyond the scope of his privileges. The disclosure of such inforrrzatio~ was5


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important and relevant to Decedent's decision to undergo elective cardiothoracic surgery

with Defendant ALI KHOYNEZIIAD, M.D.

19. On or about February 14, 2017, Decedent WILLIAM PAXTON presented

to Defendant CEDARS-SINAI MEDICAL CANTER for Defendant ALI

KHOYNEZHI~, M.D. to perform a minimally invasive modified Bentall operation

(aortic root replacement), ascending aortic replacement, and hemiarch replacement under

hypothermic circulatory arrest.

20. Upon information and belief, during and after the heart surgery on February

14, 2017, Defendants provided negligent diagnosis, management, and treatment of

Decedent WILLIAM PAXTON. Due to Defendants' acts and omissions, Decedent

WILLIAM PAXTON suffered multiple complications, including but not limited to,

excessive bleeding, cardiogenic shock, right ventricular dysfunction, ventricular

tachycardia, right ventricular ischemia, and a compromised right coronary artery.

21. Based upon information and belief, Defendant ALI KHOYNEZHAD, M.D.

was not in the operating room (and based upon information and belief, not in the hospital.

when Decedent WILLIAM PAXTON began suffering the complications, had left the

operating room (arid based upon information and belief, the hospital) without arranging

fox continuous care and coverage for Decedent WILLIAM PAXTON, and failed to timer

return to the operating room upon notification of the complications, causing a delay in

treatment resulting in damage.

22. As a result of the Defendants' acts and omissions, Decedent WILLIAM

PAXTON had to undergo, among other things, an emergent coronary artery bypass graft,

placement of an intra-aortzc balloon pump, placement of a right ventricular assist device,

and ECMO support. Decedent WILLIAM PAXTON decompensated over the course of

the next 10 days and died on February 25, 2017.

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1 FIRST CAUSE OF ACTION

2 WRONGFUL DEATH

3 (On behalf of Plaintiffs against all Defendants)

4 23. Plaintiffs incorporate and re-allege by reference, all of the allegations

5 contained in Paragraphs 1 through 22 of this Complaint, as though fully set forth herein.

6 24. Duri~~.g all periods of time in February 2017 during which Decedent

7 WILLIAM PAXTON was a patient at Defendant CEDARS-SINAI MEDICAL CEIyTER,

8 Defendants CEDARS-SINAI MEDICAL, CENTER, ALI KHOYNEZHAD, M.D.,

9 SOUTHBAY MEDICAL PAR`T`NERS, XNC .,and DOES 1 TO 100, inclusive, agreed to

10 perform and undertook to perform for Decedent WILLIAM PAXTON ail sezvices

11 necessary. to his care, which included, but was not limited to, case management,

12 observation, attention, examination, testing, evaluation, diagnosis, the prescription and

13 administration of varzous drugs and medications, care, and surgical and non-surgical

14 treatment of Decedent WILLIAM PAXTON. In so doing, said Defendants, and each of

15 them, established a relationship with Decedent and Plaintiffs, giving rise to each

16 Defendant's duty to Decedent and Plaintiffs to provide skillful management of

17 Decedent's health conditions, including but not limited to case management, observation,

18 attention, examination, testing, evaluation, diagnosis, the prescription and administration 'I

19 of various drugs and medications, care, and surgical and non-surgical treatment.

20 25. Defendants CEDARS-SINAI MEDICAL CENTER, .ALI KHOYN~ZIIAD,

21 M.D., SOUTHBAY MEDICAL PARTNERS, INC., and DOES I TO 100, inclusive, and

22 each o~ them, breached their duty to Decedent and Plaintiffs to provide skillful

23 management of Decedent's health conditions, including but not limited to case

24 .management, observation, attention, examination, testing, evaluation, diagnosis, the

2S prescription and adzx~inistration of various drugs and medications, care, and surgical and

26 non-surgical treatment.

27 26. At ail tirrzes herein mentioned, Defendants CEDARS-SINAI MEDICAL

28 CENTER, ALI KIIOYNEZHAD, M.D., SOUTHBAY MEDICAL PARTNERS, TNC,


1 and DOES 1 TO 100, inclusive, and each of them, so negligently, recklessly, carelessly

2 and unskillfully perfonn~d their case management duties, cared for, treated and rendered,

3 with wanton disregard, their services upon the person and body of Decedent, and so

4 negligently, carelessly, recklessly and unskillfully operated, managed, controlled and

5 conducted, with wanton disregard, their services, activities and supervision in connection

6 with Decedent's care and treatment, and so negligently, carelessly and recklessly failed to

7 properly ensure the character, quality, ability and competence of individuals who were

8 responsible for Decedent's care and treatment that as a direct and proximate result of this

9 conduct, Decedent was caused to and did suffer injuries and death as herein alleged.

1 d 27. The negligent, reckless, and careless conduct of said Defendants, and each

11 of them, includes but is not limited to: (1) failure to properly evaluate, diagnose, manage,

12 and treat Decedent's condition; (2) failure to render appropriate and complete treatment

13 of Decedent's condition; (3) failure to timely and appropriately respond to Decedent's

14 deteriorating condition; (4) failure to timely undertake or order appropriate interventions;

15 (5) failure to timely obtain necessary surgical and medical specialist consultation; (6)

16 failure to provide proper instructions and/ox treatment options; {7) medical and

17 administrative abandozunent of Decedent; (8) failure to provide medically necessary

18 health. services to Decedent; (9) failure to properly oversee Decedent's care; (10) failure

19 to provide adequate levels of care; (11) failure to evaluate the quality of medical

20 treatment rendered an its premises; (12) failure to supervise those under their control and

21 supervision; (13) failure to properly investigate the competency of physicians and

22 surgeons before reappointing them to the medical staff of the hospital; (14} failure to

23 maintain the highest Ievel of medical care fox patients in the hospital; (1 S) failure to

24 protect patients from harrr~; (16) failure to prepare and maintain accurate surgical reports

25 and post-operative notes; (17) improper selection, review and supervision of medical

26 staff; (18) failure to take action against Defendant Ali Khoynezhad, M.D. to curb his

27 conduct and/or discipline him and/or proctor him and/or suspend and/or revolve his

28 privileges to prevent patients from harm as a result of his reckless conduct; (19) failure to

sCOMPLAINT FOR DAMAGES

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disclose all information material to Decedent and Plaintiffs' consent related to the care,

treatment, and conduct described herein; (20) failure to properly train hospital staff; (21)

intentionally and/or negligently failing to properly apprise Decedent and Plaintiffs of

~ (Decedent's actual condition and need for surgezy; and/or (22) intentionally and/or

negligently recommending and performing unnecessary surgery. Such acts and

omissions wexe committed with wanton and reckless disregard of Plaintiffs and their

~ ~ rights.

28. In addition to the above conduct, Defendants, and each of them,

( ~ negligently, carelessly, recklessly and with wanton disregard, permitted Defendant ALI

KHOYNEZHEID, M.D. to engage in conduct so unreasonable and dangerous that

Defendants knew or should have known that it was highly probable to cause Decedent

harm. Such conduct includes, but is not limited to: (1} ALI KHOYNEZHAD, M.D.

performing and being allowed to perform maverick surgical procedures; (2) ALI

KHOYNEZITAll, M.D.'s infra-surgical and post-operative desertion of patients; (3) ALI

KHOYNEZIIAD's unavailability during postoperative stabilization efforts; and (4) AI,I

I~~OYN~ZIIAD, M.D. engaging in intimidating and/or disruptive behavior that

negatively impacted the persons with whom he interacted, which interfered with effective

clinical performance and/or prevented adequate administrative response.

29. Defendants CEDARS-SINAI MEDICAL CENTER, A.LI KHOYNEZI3AD,

M.D., SOUTHBAY MEDICAL PARTNERS, INC., and DOES 1 TO 100, inclusive, and

each of them, failed to disclose all information relevant and material to Decedent's and

Plaintiffs' meaningful decision-making process rezadering meaningless any notion of

informed consent to undergo the surgery itself much Less the needlessly extensive,

maverick, and unconventional surgery performed by Defendant ALI KHOYNEZ~-IA.D,

M.D. and other procedures as they weze carried out as described herein, or the knowable

and knowing premature departure of Defendant ALI KHOYNEZTTAD, M.D. from the

operating room without providing continuous coverage for Decedent's care. In doing so,

9

COMPLAINT POR DAMAGES

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Defendants acted with a willful and conscious disregard. of the health, safety, welfare, anc

rights of Decedent and Plaintiffs.

30. Defendants CEDARS-SINAI MEDICAL CENTER, ALI KHOYNEZHII~D;

M.D., SOUTHBAY MEDICAL PARTNERS, INC., and DOES 1 TO 100, inclusive, and

each of them, engaged in the conduct described herein without Decedent's or Plaintiffs'

consent. At no time did Decedent or Plaintiffs, or any of them, consent to Defendants' .

wanton, reckless, unreasonable, and dangerous conduct as described herein.

31. As a direct result of the acts and omissions of Defendants, and each of

them, as set forth above, Decedent and Plaintiffs sustained severe and permanent injuries

as described herein. Plaintiffs are informed and believe that Plaintiffs' injuries were

legally caused by the reckless disregard. for the rights and welfare of Decedent and

Plaintiffs and/or negligence demonstrated by CEDARS-SINAI MEDICAL CENTER,

.ALI KHOYNEZHA.D, M.D., SOUTHBAY MEDICAL PARTNERS, INC and DOES 1

TO 100, inclusive, and each of them.

32. As a direct and proximate result of the acts and omissions of the

Defendants, including DOES 1 through 100, inclusive, and each of them, Plaintiffs

incurred expenses for medical care and treatment and other related costs, in an amount

according to proof.

33. As a direct and proximate result of the acts and omissions of the

Defendants,' including DOES 1 through 100, inclusive, and each of them, Plaintiff's

incurred expenses for funeral, burial and other related costs, in an amount according to

proof.

34. As a further direct and proximate result of the acts and omissions of the

Defendants, including DOES 1 through 100, inclusive, and each of them, Plaintiffs have

and will in the future incur loss of financial support and/or of Decedent's earning capacity

in an amount according to p~•oof.

35. As a further direct and proximate result of the acts and omissions of the

Defendants, including DOES 1 through 100, inclusive, and each of them, Plaintiffs haveio


l and will in the future incur loss of the physical assistance of Decedent in the operation ~

2 and/or maintenance of the home, as well as other household services in an amount

3 according to proof.

4 36. As a further direct and proximate result of the acts and omissions of the

5 Defendants, including DOES l through 100, inclusive, and each of theirs, Plaintiff

6 LOLTISE P~IXTON has and will suffer loss of love, companionship, comfort, affection,

7 society, solace, training, guidance, and sexual relations in an amount according to proof.

8 37. As a further direct and proximate result of the acts and omissions of the

9 Defendants, including DOES 1 through 100, inclusive, and each of them, Plaintiffs

10 JAMES PAXTON and LYDIA PAXTON have and will suffer loss of love,

11 companionship, comfort, affection, society, solace, training, and guidance in an amount

12 according to proof.

13 3 S. As a fiirther direct and proximate result of the acts and omissions of the

14 Defendants, including DOES 1 through.100, inclusive, and each of them, Plaintiffs expec

15 to be entitled to and will request prejudgment interest under California Code of Civil

16 Procedure ~ 998 and California Czvzl Cade §3291.

17 SECOND CAUSE OF ACTION

18 NEGLIGENCE

19 (On behalf of Plaintiffs against Defendant CEDARS-SINAI

20 MEDICAL CENTER and DOES 1 to 100, Inclusive}

21 39. plaintiffs re-allege and incorporate herein by reference each and evezy

22 allegation and statement contained in paragraphs 1 through 38, inclusive.

23 40. At all times mentioned herein, Defendant CEDARS-SINAI MEDICAL

24 CENTER, and DOES 1 TO 100, inclusive, and each of them, was a general acute care

25 hospital operating within the State of California.

26 41. As a general acute care hospital operating within the State of California,

27 Defendants, and each of them, had a duty at all relevant times herein to comply with

28 various statutory and regulatory requirements, including but not limited to those set forthi t


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in the Il'ealth c4~ Safety Code, including Health &Safety Code §32128 iz~cozparating

JC.AHO standard into California hospital statutory duties, Title 22 of the California Code

of Regulations ("C. C.R. "), Title 42 of the Code of Federal Regulations ,and Title 42 of

the United States Code governing the operation of general acute care hospitals.

42• The provisions set forth in the statutory and regulatory requirements set

forth above and other statutory and regulatory provisions exist, at least in part, for the

purpose of protecting the lives and well-being of patients and preventing the immediate

jeopardy to the health and safety of patients, including patients undergoing cardiovascu

surgery.

~3 • In order to ensure public safety, to protect the lives and well-being of

patients, and to prevent the immediate jeopardy to the health and safety of patients,

general acute care hospitals must, among other things: (1) require the :medical staff to

establish controls designed to ensure the achievement and maintenance of high standards

of professional ethical practices including provision that all members of the medical staff

be required to demonstrate their ability to perform surgical and/or other procedures.

competently and to the satisfaction of an appraprzate committee or cornrnittees of the

staff, at the time of the original application for appointment to the staff and at least every

two years thereafter (22 CCR §70701(a)(7.)); (2) xequire the medical staff to provide for

availability of staff physicians for emergencies among the in-hospital population in the

event that the attending physician or his alternate is not available (22 CCR § 707030);

require the medical staff to develop criteria under which consultation will be required (22

CCR §70703(h)); xequire a physician's assistant who practices in its facility to be

supervised by a physician who is a member of the active medical staff of the facility (22

CCR §70706.1 {b}); require regular review of case management, both preoperatively and

postoperatively (22 CCR §70433(a)(2)); require a minimum of three surgeons to

constitute a surgical team for the performance of all cardiovascular operative procedures

which require extracorporeal bypass (22 CCR §70435(b)(2)); and require a physician

who is certified or eligible for certification in cardiology by the Arrierican Board of

isCOMPLAINT 1~OR DAMAGES

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Internal Medicine to be a ineinber of the surgical team and to assist in monitoring the

patient (22 CCR §70435(b)(4)). Defendants were also required to take ali reasonable

steps to conform to all applicable federal, state and local laws and regulations. (22 C.C.R.

§§ 70701, 70703.)

44. Plaintiffs are informed and believe and on such infoi7nation and belief

II' alle e that at all relevant times Defendant CEDARS-SINAI MEDICAL CENTER, andg

Does 1 to 100, inclusive, violated the above statutes, ordinances, and/or regulations.

45. Plaintiffs are informed and believe and on such information and belief

allege that Defendant CEDARS-SINAI MEDTCAI, CENTER, and DOES 1 to 100,

inclusive's, violation of the above statutes, ordinances, or regulations was a substantial

factor, and proximately caused, Decedent's death.

46. Plaintiffs are informed and believe and on such information and belief

allege that Decedent's death resulted from an occurrence of the nature whrch the above

statutes, ordinances, or regulations were designed to prevent.

47. Decedent was one of the class of persons for whose protection the statutes,

ordinances, or regulations were adopted.

48. Due to Defendants' conduct as set forth herein, Plaintiffs and Decedent

suffered harm and damages as described herein.

THIRD CAUSE OF ACTION

HOSPITAL NEGLIGENCE

(SLAM v. COLLAGE PARK HOSPITAL)_

(On behalf of Plaintiffs against Defendant CEDARS-SINAI

MEDICAL CENTER, and DOES 1 TO 100, inclusive)

49. Plaintiffs incorporate and re-allege by reference, all of the allegations

contained in Paragraphs 1 through 48 of this Complaint, as though fully set forth herein.

50. At all times relevant hereto, Defendant ALI KHOYNEZI~AD, M.I7., was a

member of the medical staff of CEDARS-SINAI MEDICAL CANTER and availed

himself of the hospital facilities.13


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51. Defendant CEDARS-SINAI MEDICAL CENTER owed Decedent and

~ ~ Plaintiffs a duty of reasonable care to protect Decedent from harm, including discovery

~ ~ and treatment. of his medical conditions, to ensure the competence of its medical staff

through careful selection and review to insure the adequacy of medical care rendered to

Patients at its facility to avoid unreasonable risk of harm to its patients, and to evaluate

(~ the quality of medical treatment rendered to its patients and on its premises. Defendant

~ ~ CEDARS-SINAI MEDICAL CENTER breaciaed this duty through acts and omissions

that included, but are not limited to, failing to fulfill its administrative and statutory

duties; failing to screen and/or appropriately investigate the competency of Defendazat

ALI KHOYNEZII~ID, M.D., and/or failing to evaluate the quality of medical treatment

rendered by Defendant ALI KHOYNEZHAD, M.D, to patients on its premises, andlor

failing to insure the adequacy of medical care rendered to patients at its facility, and/or

failing to establish procedures and standards to evaluate physicians applying or

reapplying for staff privileges andlor failing to insure physicians' continued competence

and/or failing to adequately address complaints regarding staff member ALI

KHOYNEZIIAD, M.D., and/or failing to have appropriate contingency planning an.d/or

failing to adequately train nursing personnel to use the chain of command and/or failing

to adopt in-house codes, rules or regulations for its proper administration, thereby

subjecting its patients to unreasonable risk of harm and inadequate medical care rendered

to patients at Defendant CEDARS-SINAI MEDICAL CENTER.

52. Upon information and belief, for a significant period of time prior to the

events giving rise to this action, Defendant ALI KHOYNEZI~AD, M.D., engaged in

irresponsible and dangerous conduct that impaired his competence as a physician,

cardiothoracic surgeon, and/or member of the medical staff of Defendant CEDARS-

SINAI MEDICAL CENTER. Specifically, upon information and belief, prior to

February 14, 2017, Defendant ALI KHOYNEZI~AD, M.D. was known. by Defendant

CEDARS-SINAI MEDICAL CENTER and others to engage in maverick surgeries and

show suboptimal judgment intraoperatively resulting in harm to his patients. Also, upon14--_

COMPLAINT POR DAMAGES

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information and belief, Defendant ALI KHOYNEZHAD, M.D. engaged in intimidating

and/ox disruptive behavior that negatively impacted the persons with whom he interacted,

which interfered with effective clinical performance and/or prevented adequate

~ administrative response.

53. Upon information and belief, Defendant CEDARS-SINAI MEDICAL

CENTER and its employees and personnel, together with hospital medical staff, were on

actual and constructive notice of Defendant ALI KHOYNEZHAD, M.D.'s irresponsible

and dangerous conduct. Specifically, upon information and belief, Defendant CEDARS-

SINAI MEDICAL CENTER knew ar should have known that ALI KHOYNEZHAD,

M.D. enjoyed an institutional notoriety for personal failings and/ar knew or should have

known of his reckless and/or concerning conduct before Februazy 14, 2017 yet failed to

take steps to curb his conduct and/or discipline him and/or review his rrzedical treatment

and/or proctor him and/or suspend and/or revoke his privileges to prevent patients from

harm as a result of his conduct.



FOURTH CAUSE OF ACTION

BREACH OF FIBUCIARY DUTY

(MD(1RE v..R~GENTS OF UNIVERSITY OF CALIFORNIA)

(On behalf of Plaintiffs against all Defendants)

55. Plaintiffs incorporate and re-allege by reference, all of the allegations

contained in Paragraphs 1 through 54 of this Complaint, as though fully set forth herein. ~I

S6. At all tunes herein mentioned, Defendants CEDARS-SINAI MEDICAL ',

CENTER, AI,I KHC?YNEZI-SAD, M.D., SOUTHBAY MEDICAL PARTNERS, INC.,

and DOES 1 TO 100, inclusive, and each of them, were in a fiduciary relationship with

Decedent and Plaintiffs in which the parties inherently had unequal power because

Defendants, and each of them, were learned, skilled, and experienced in medical

procedures and conditions such as the one with which Decedent presented, and Decedent

isCOMPLAINT FOR bAMAGES

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and Plaintiffs l~new little or nothing about. such procedures. and conditions, but which

matters were of the most vital iinpot~tance and interest to them, since upon them depended

the health, life, and well-being of Decedent and his family (Plaintiffs). Therefore,

Decedent and Plaintiffs necessarily had to place great reliance, faith, and confidence in

the administrative and professional competence, word, advice, recommendations, and

( ~ acts of the Defendants, and each of them.

57. Defendants CEDARS-SINAI MEDICAL CENTER, ALI KHOYNEZHA~

M.D., SOUTHBAY MEDICAL PAR'T'NERS, INC., and DOES 1 TO 100, inclusive, anc

each of them, had a duty to act with the utmost good faith in the best interests of

Decedent and Plaintiffs, indeed the Decedent and Plaintiffs' interests were required to be

paramount, such that Defendants and each of them owed a fiduciazry duty to Decedent an

Plaintiffs, and Defendants, and each of theirs, were required to recommend treatment

based only on Decedent's medical needs.

58. Defendants and each of them breached the aforesaid duty through the acts

and omissions described herein, including but not limited to, recommending unnecessary

medical treatment; failing to disclose personal interests, both research and economic,

unrelated to Decedent's health which affected Defendants' professional judgment; failing

to disclose information material to Decedent's and Plaintiffs' consideration for purposes

of weighing the risks and benefits of the recommended treatment versus alternative

treatments, including surgical, medical, or no treatment, in order to make a choice to

accept or refuse treatment; failing to disclose personal and/or economic interests that

conflicted with the interests of Decedent and Plaintiffs; and by failing to act as a

reasonably careful person or entity in the same or similar capacity would have acted

under the same or similar cxrcux~nstances.


~ suffered harm and damages as described herein.

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COMPLAINT FOR DAMAGBS

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FIFTH CAUSE OF ACTON

BATTERY

(On Behalf of Plaintiffs against Atl Defendants)

60. Plaintiffs allege and incorporate herein by reference all of the allegations

contained in paragraphs 1 through 59 of this Complaint.

61. Decedent WILLIAM PAXTON presented to Defendants CEDARS-SrNAI

MEDICAL CENTER, ALI KHOYNEZHAD, M.D. and SOUTHBAY MEDICAL

~ ~ PARTNERS, INC. for consultation and treatment. Defendant ALI KHOYN~ZIIAD,

M.D. recommended that he undergo heart surgery for aortic aneurysm repair by

Defendant ALI KHOYNIZIIAD,~M.D at Defendant CEDARS-SINAI MEDICAL

CENTER on February 14, 2017. Based upon information and belief, heart surgery vvas

not indicated.

62. Based upon infornnation and belief, on February 14, 2017, Defendant ALI

KHOYNEZIIAD, M.D. intentionally performed unnecessary heart surgery on Decedent

WILLIAM PAXTON. During the course of that unnecessary surgery, Defendants

CEDARS-SINAI MEDICAL CENTER, ALT KHOYNEZIIAU, M.D., and DOES 1 to

100, inclusive, acted negligently andlor recklessly and provided harmful and/or offensive'

management and treatment of Decedent WILLIAM PAXTON, thereby causing

Decedent's death.

63. At no time on or before .February 14, 2017 did Defendants CEDARS-

SINA.I MEDICAL CENTER, ALI KHOYNEZI-SAD, M.D., and DOES 1 to 100,

inclusive, disclose the fact that the surgery was not necessary, explain and/or disclose the

risks of performing the procedure as a minimally invasive surgery, explain and/or

disclose that performing the procedure as a minimally znvaszve surgery was novel,

unconventional, and not the standard of care, explain and/or disclose that Defendant ALI

KHOYNEZITAD, M.D. lacl~ed experience and/or expertise performing the procedure as a

ii~inimally invasive surgery, or explain and/or disclose that, based upon information and

i~COMPLAINT FOl2 DAMAGES

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belief, Defendant ALI I~HOYNEZHI~U M.D.-intended to perform a procedure in a way

that was outside the scope of his privileges.

64. At no time did Decedent WILLIAM PAXTON, Plaintiff LOUISE

PAXTON, or any member of Decedent's family consent to Defendant ALI

KHOYNEZ~IAD, M.D. performing the procedure at CEDARS-SINAI MEDICAL

'~i CENTER on February 14, 2017 beyond the scope of his privileges and/or in the high-risk

and unconventional manner in which it was performed which; based upon information

and belief, was for Defendants CEDARS-SINAI MEDICAL CENTER and ALI

KHOYNCZIII~D, M.D.'s personal and reputational benefit.

65. Defendants CEDARS-SINAI MEDICAL CENTER, ALI KHOYNEZIIAD,

M.D., SOUTHBAY PARTNERS MEDICAL, INC, and DOES 1 TO 100, inclusive, acted

beyond the scope of Decedent WILLIAM PAXTON's consent in performing, and/or

allowing to be performed, heart surgery by Defendant ALI KHOYNEZI~AD, M.D. on

Decedent WILLIAM PAXTON in a high-risk and unconventional manner for Defendants

CEDARS-SINAI MEDICAL CENTER and ALI KHOYNEZ~~AD, M.D.'s personal and

~ reputational benefit.

66. Prior to February 14, 2017, as a result of Defendants' conduct as described

herein, ~'laintiffs and Decedent WILLIAM PAXTON were deprived of any meaningful

opportunity to decline the dangerous and risky surgical procedures performed on

Decedent WILLI~1IvI PAXTON at CEDARS-SINAI MEDICAL CANTER, or to seek

care and treatment from other hospitals or surgeons.

67. Defendants, and each of them, actedwith the intent to harm and/or offend

Decedent WILLIAM PAXTON. This intend to harm and/or offend included Defendant

ALI KHOYNEZHAD, M.D. knowingly performing high-risk and unconventional surgery

without explaining and/or disclosing that fact to Decedent and Plaintiffs. This intent to

harm and/or offend also manifested through Defendants, and each of them, acting with a

willful disregard of the rights of Decedent and Plaintiffs, including Defendant CEDARS-

SINAI MEDICAL CENTER having actual and/or constructive knowledge of Defendant~ a

COMT'LAIN'I' FOR I~AMnGES

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ALI KHOYNEZHAD, M.D.'s .history. and. patterns of misconduct and allowing and/or

wiling to prevent Defendant ALI KHOYNEZHAD, M.D. from performing ahigh-risk

and unconventional procedure on Decedent without Decedent's consent.



SIXTH CAUSE OF ACTION

SURVIVAL ACTION

(On behalf of Plaintiff THE ESTATE OF WILLIAM PAXTON,

by and through its Successors in Interest, LOUISE PAXTON, against all Defendants)

69. THE ESTATE OF WILLIAM PAXTON, by and through its Successor in

Interest, LOUISE PAXTON, incorporate and re-allege by reference, all of the allegations

contained in Paragraphs 1 through b8 of this Complaint, as though fully set forth herein.

70. As a legal result of the acts and omissions of the Defendants, and each of

them, WILLIAM PAXTON died on February 25, 2017. Decedent WILLIAM PAXTON

had the causes of acfion contained in Paragraphs 1-68 of this Complaint as set forth

herein against all Defendants as alleged herein at the time of his death,

71. Plaintiff LOUISE PAXTON is the Successor in Interest to Decedent

WILLI~.M PAXTON's causes of action and as such, seeks all darz~ages permitted under

survival claims, including, but not limited to those set forth in California Code of Civil

Procedure § 377.10, et seq. Plaintiff LOUISE PAXTON succeeds to all damages related

to those causes of action, as well as any other claims the estate may have.

72. As a legal result of the acts and omissions of the Defendants herein and

each of them, Decedent incurred medical expenses prior to his death in an amount

according to proof.

73. As a legal result of the acts and omissions of the Defendants herein and ~~

each of them, Decedent suffered loss of earnings in an amount according to proof.

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PRAYER

WHEREFORE, Plaintiffs pray for judgYnent against Defendants, and each of th

as hereinafter set forth:

1. For general damages in a just and reasonable amount in excess of the

jurisdictional minimum of this Court;

2. For special damages according to proof;

3. For statui:ary costs of suit according to proof;

4. For prejudgment interest; and

5. For any other and further relief as the Court deems just and proper.

DATED: Febri7ary 9, 2Q 18

IS

DEMAND FOR TRIAL BY TURY

Plaintiffs LOUISE PAXTON, JAMES PAXTON, LYDIA PAXTON, and the

ESTATE OF WILLIAM PAXTON, by and through its Successor-in-Interest, LOLTIS~

Pf1.XTON, hereby demand trial of all causes by jury.

DATED: Februazy 9, 2018 HEIMBERG ~B RI~, LLP

EZ

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~?ECI,ARAT'IOl~ OF SUCCESSOR III I1~TE~ST I.O~TI~E PA~Ti)ImT

I, LDUISE PAXTON, in accordance with the provisions of Section 377.32 of the California

Code of Civil Procedufe declare and say that:

1. The decedent's name is WII.LIAM PAXTON.

2. The decedent WILLIAM PAXTON died on February 25, 2017, in the Cotanty of Los

Angeles, State of California.

3. No proceeding is now pending in California for the administration of the decedent's

estate.

4. As the wife of WILLIAM PAXTON at the time of his death, I am the decedent's

successor in interest, as defined in Cocde of Civil Procedure Section 377.11, and I succeed to the

decedent's interest in the action.

5. No other person has a superior right to commence this action or to be substituted for

I decedent in this action.

6. Attached to this declaration as Exhibit "1" is a certified copy of the death certificate of

WILLIAM PAXTON.

I declare under penalty of perjury under the laws of the State ot'California that the foregoing

is true and correct.

Executed this ~ day of January, 2018, at v ~ ~~ California.

i ~ I'~~Louise PaxtonDeclarant

- 1-Declaration of Successor in Interest

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