A ballet dancer and her husband have filed a lawsuit alleging negligence and medical malpractice against the San Francisco Ballet Association and associated medical providers. The complaint, filed by Ellen Hummel and Hector Pernia in the Superior Court of California, County of San Francisco on August 16, 2024, names the San Francisco Ballet Association, San Francisco Free Clinic, and Dr. Richard Gibbs as defendants.
According to the court documents, Ellen Hummel was employed as a ballet dancer with the San Francisco Ballet. During her employment, she sustained an injury that required medical attention. The plaintiffs allege that instead of providing appropriate medical treatment, the defendants administered painkillers and repeated injections to enable Ms. Hummel to continue performing despite her injury. This course of action allegedly led to severe and permanent damage to Ms. Hummel's hips, ultimately necessitating a bilateral periacetabular osteotomy—a major surgical procedure.
The complaint details how the defendants' actions were driven by their interest in keeping Ms. Hummel performing rather than prioritizing her health. "There was no medical purpose for the assistance and advice but for the interests of Defendants," reads one part of the complaint. The plaintiffs claim that had Ms. Hummel been advised to rest and seek alternative treatments away from dancing, she could have avoided further devastating injuries.
Hector Pernia, Ms. Hummel's husband, is also a plaintiff in this case seeking damages for loss of consortium due to his wife's injuries. The couple alleges that they had no reason to suspect negligence until Ms. Hummel sought treatment outside of the care provided by the defendants starting on or about August 31, 2023.
The plaintiffs are seeking compensatory damages exceeding $35,000 each for their losses including general damages, medical expenses, loss of earnings and employability, interest at the legal rate on these sums pursuant to Civil Code §3336 of the Civil Code, costs incurred during litigation, and any other relief deemed proper by the court.
Representing Ellen Hummel and Hector Pernia is attorney Jordan A. Sussman from his law offices located in San Francisco. The case has been assigned Case ID CGC-24-617298 with a jury trial requested.