SACRAMENTO — A Tulare resident has filed suit against a doctor and health care providers for alleged negligence and vicarious liability following a surgery that resulted in infections, sepsis, internal injuries and a stay in the intensive care unit.

Johana Martinez filed a complaint Oct. 13 in U.S. District Court for the Eastern District of California against Elizabeth L. Enderton, Family Healthcare Network, United States Department of Health and Human Services, and Kaweah Delta Health Care District, alleging that they failed to exercise standard care and skill required of medical providers and facilities.

According to the complaint, the plaintiff alleges that on Dec. 15, 2014, she underwent a robotic-assisted total laparoscopic hysterectomy for menorrhagia and uterine fibroids performed by defendant Enderton at defendant Kaweah's facility and was discharged after two days despite indications of a bacterial infection. On Dec. 24, 2014, she purportedly was again admitted to Kaweah's for abdominal sepsis and later on to another facility where she found out that her condition was caused by the surgery. as a result of the acts of the defendants, she supposedly suffered severe injuries, including a thermal burn to her bowel, as well as associated injuries to her abdomen, pelvis and gastrointestinal areas. 

The plaintiff holds Elizabeth L. Enderton, Family Healthcare Network, United States Department of Health and Human Services, and Kaweah Delta Health Care District responsible because the defendants allegedly failed to adequately diagnose, treat, supervise and provide medical care as required and failed to adequately maintain their facility/equipment so as not to cause harm to patients.

The plaintiff requests a trial by jury and seeks judgment and damages against the defendants, expenses, lost wages, costs of action, interest and further relief as may be entitled to. She is represented by Bill Robins III, Stephen J. Kelly and Paloma Carrero of Robins Cloud LLP in Santa Monica.

U.S. District Court for the Eastern District of California Case number 1:16-cv-01556

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U.S. District Court for the Eastern District of California
501 I Street
Sacramento, CA 95814

U.S. Department of Health and Human Services (HHS)
200 Independence Avenue Southwest
Washington, DC 20201

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