Dec 06, 2011 Government Liability
Court of Appeal affirms summary judgment for County of Los Angeles based on plaintiff’s failure to comply with government claim requirements

Flores v. County of Los Angeles (2011) 2011 Cal.App. Unpub. LEXIS 9332 (California Court of Appeal, Second Appellate District, Division Two) [unpublished]. 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 In an unpublished decision, the Court of Appeal held that plaintiff’s new failure-to-vaccinate theory was barred because she failed to include it in her government claim filed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.