In a recent court filing, plaintiffs Vijaya Venkatesh Herekar and Alka Nandakumar Jayakar have lodged a complaint for damages against American Medical Response West, American Medical Response, Inc., American Medical Response Ambulance Service, Inc., Adrian Perez, and additional unnamed defendants. The complaint was filed by attorney Robert J. Waldsmith of Abramson Smith Waldsmith, LLP in the Superior Court of California, County of Santa Clara on May 31, 2024.
The case centers around an incident that occurred on June 2, 2023. Plaintiff Vijaya Venkatesh Herekar, a 97-year-old resident of Villa Serena independent living facility in Santa Clara County, required medical transportation services provided by the defendants. During the transport from her residence at 1340 Pomeroy Avenue in Santa Clara, Herekar alleges that she was negligently handled by the medical personnel involved. Specifically, it is claimed that while being moved on a gurney with a five-point harness, the defendants failed to secure the gurney properly. This resulted in the gurney flipping upside down and Herekar falling head-first onto the pavement.
According to the complaint, this incident caused severe injuries to Herekar including striking her head and upper body which led to serious bodily injury and emotional distress. The plaintiffs assert that these injuries were exacerbated by the advanced age and frailty of Herekar who weighed only 78 pounds at the time of the incident. The complaint further details that as a result of this negligence, Herekar suffered permanent disability along with significant pain and suffering.
Alka Nandakumar Jayakar also claims to have suffered from negligent infliction of emotional distress due to witnessing her mother's fall and subsequent injuries firsthand. Jayakar states that she saw her mother drop head-first onto the pavement while strapped to the gurney which caused her mother to sustain a fractured clavicle and significant blood loss among other injuries. This traumatic experience has allegedly caused Jayakar ongoing emotional distress including anxiety, grief, shock, and mental anguish.
The plaintiffs are seeking both economic and non-economic damages as compensation for their suffering. They request compensation for medical expenses incurred due to hospitalization, radiological studies, medicines, medical supplies and therapies needed following the incident. Additionally, they seek prejudgment interest according to law along with costs associated with bringing forth this suit.
Representing the plaintiffs are attorneys Robert J. Waldsmith and Jeffrey R. Smith from Abramson Smith Waldsmith LLP based in San Francisco. The case has been assigned Case No.: 24CV440278 under Judge M. Suarez's review in Santa Clara County Superior Court.