SAN FRANCISCO — A family has filed suit against a physician, a hospital and others after their minor child was allegedly misdiagnosed, then suffered a life-threatening reaction after his appendix burst.

Michael Sack, for the minor NSS, Michael Sack, and Jeong Hee Sack filed a complaint Sept. 27 in U.S. District Court for the Northern District of California against North East Medical Services, United States of America, United States Department of Health and Welfare, Grace Fuong and Does 1-10, alleging that they failed to exercise due care.

According to the complaint, the plaintiffs allege that in December 2012, minor NSS, had seen defendant Fuong for two consecutive days for the same ailment, but was told that the origin of his distress was unknown and to return home. However, the following day he was purportedly admitted to another hospital for a ruptured appendix that resulted in the minor developing a life-threatening condition requiring several days in the hospital pediatric intensive care unit. As a result, plaintiffs Michael and Jeong suffered from severe emotional distress related to witnessing their child in a prolonged life-threatening condition, medical expenses, and loss of earnings. 

The plaintiffs hold North East Medical Services, United States of America, United States Department of Health and Welfare, Grace Fuong and Does 1-10 responsible because the defendants allegedly failed to properly diagnose, treat and care for a minor patient and failed to properly supervise their medical employees to ensure their competence.

The plaintiffs request a trial by jury and seek judgment against the defendants, damages, costs of suit, and further relief as the court may deem just. They are represented by Kathleen Aberegg of Law Office of Kathleen Aberegg in South Lake Tahoe.

U.S. District Court for the Northern District of California case number 3:16-cv-05505

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U.S. District Court for the Northern District of California

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