Queen of the Valley Medical Center doctors, nurse seek to have child birth injury suit moved to federal court

By Charmaine Little | Jun 26, 2018

Queen of the Valley Medical Center physicians and workers named in a negligence suit claiming an infant suffered major injuries after birth filed a notice of removal earlier this month to have the case moved from Napa County Superior Court to the U.S. District Court for the Northern District of California.

Queen of the Valley Medical Center physicians and workers named in a negligence suit claiming an infant suffered major injuries after birth filed a notice of removal earlier this month to have the case moved from Napa County Superior Court to the U.S. District Court for the Northern District of California.

Ravinder Singh filed the lawsuit in 2017 on behalf of a minor, identified in the filing as A.K.K., against Queen of the Valley, physicians Jerome Solomon, Audrey Ewing and Victoria Morgese and nurse Laura Paoletti. Does 1 through 100 were also listed as defendants. 

Solomon, Ewing and Paoletti, in their June 12 notice of removal filing, said the case needs to be moved to district court considering the hospital is a federally supported health center. They cited the Federally Supported Health Centers Assistance Act and the Federal Tort Claims Act as sufficient reasons the case should be removed, pending an acknowledgement from the attorney general that the employees “were acting within the scope of employment during the incident at issue,” the notice stated.

Singh sued the defendants for malpractice and negligent obstetrical and gynecological care after the minor plaintiff, A.K.K., was injured during child birth. Singh alleged in the original lawsuit that the physicians didn’t provide the mother, Ashwin Kumar, with proper prenatal care and didn’t diagnose her condition correctly, which resulted in injuries. 

In the filing, Singh added the defendants didn’t inform the mother of any risks associated with treatments and procedures during her pre- and post-labor processes.

Singh's suit requested general damages and stated the minor plaintiff, A.K.K., suffered severe brain damage; severe shock and emotional distress; pain and suffering; insecurity; and fear. Singh's suit also requested medical expenses, including hospital and incidental costs, as well as loss of earnings, prejudgment interest and cost of the suit.

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