Dec 06, 2011 Government Liability
Flores v. County of Los Angeles (Dec. 6, 2011, B224903) 2011 WL 6040075 [nonpublished opinion]

Plaintiff sued the GMSR’s client, the County of Los Angeles, for wrongful death after her daughter died in the emergency room at Martin Luther King, Jr./Drew Medical Center from a streptococcus pneumoniae infection. Plaintiff’s original complaint alleged that the emergency room physicians and staff were negligent in treating the decedent. Plaintiff later amended her complaint to add a theory that other County physicians failed to give the decedent a vaccination that would have prevented the infection that ultimately caused her death.

In an unpublished decision, the Court of Appeal held that plaintiff’s new failure-to-vaccinate theory was barred because she failed to include it in her government claim filed with the County.

Case Briefs