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Family Alleges Medical Negligence Led To Tragic Death

NORTHERN CALIFORNIA RECORD

Wednesday, November 27, 2024

Family Alleges Medical Negligence Led To Tragic Death

State Court
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A family is seeking justice after the tragic death of their loved one, alleging medical negligence by a prominent healthcare provider. On June 7, 2024, William L. Brelsford Jr., Esq., from the law firm Brelsford Androvich & White, filed a complaint in the Superior Court of California, County of Sacramento, against Sutter Medical Foundation and several associated doctors.

The plaintiffs—Gary Pleau, Stacey Pleau Carter, and Geoff Pleau—are pursuing legal action following the death of Vivian Pleau on June 23, 2023. They allege that between 2021 and June 23, 2023, Vivian experienced brain-related symptoms which were negligently treated by the defendants. The plaintiffs claim that this negligence led to her untimely death due to a hemorrhage suffered during a plane ride to Hawaii on June 21, 2023. According to the complaint, "Defendants elected to treat her for medical conditions and negligently failed to timely diagnose and treat her medical conditions," leading to her premature demise.

The lawsuit names several defendants including Sutter Medical Foundation, Sutter Medical Group, and individual doctors Andrew Tak, M.D.; William Evan, M.D.; Paul Ciricillo, M.D.; Rajkamal Khangura, M.D.; Gerald Drocton, M.D.; Govind Makundan, M.D.; and Nitin Mathur, M.D. The plaintiffs assert that these parties failed to exercise the standard of care required in diagnosing and treating Vivian's condition. As a result of this alleged negligence, they have been deprived of Vivian's companionship and support.

The complaint outlines two main causes of action: wrongful death due to medical negligence under Code of Civil Procedure section 377.60 and medical malpractice through survival action under Code of Civil Procedure section 377.20. In their first cause of action for wrongful death due to medical negligence, the plaintiffs argue that the defendants' failure resulted in significant emotional distress and financial burdens related to funeral expenses. They state that "Plaintiffs have been deprived of the services...of a kind, faithful and loving wife," causing them immense general damage.

In their second cause of action for medical malpractice through survival action, they further allege that Vivian endured substantial physical pain and mental suffering before her death. The complaint seeks damages for these non-economic losses up to the limits specified in Civil Code section 3333.2(b). This includes compensation for pre-death pain and suffering as well as additional general damages sought by Vivian’s surviving family members.

The plaintiffs are seeking various forms of relief from the court including general damages exceeding $25,000 for loss of companionship and support; specific damages for pre-death pain and suffering; reimbursement for funeral and burial expenses; prejudgment interest on both general and special damages; coverage for all incurred legal costs; and any other relief deemed appropriate by the court.

Representing the plaintiffs is attorney William L. Brelsford Jr., while Judge presiding over this case has not been mentioned yet. The case ID is No. 24011 Se.

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