Taft v. Boston Scientific CA5

Filed 10/25/22 Taft v. Boston Scientific CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

FOSTER TAFT, F082300 Plaintiff and Appellant, (Tulare Super. Ct. No. VCU268870) v.

BOSTON SCIENTIFIC CORPORATION et al., OPINION Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Tulare County. Nathan D. Ide, Judge. Foster Taft, in pro. per., for Plaintiff and Appellant. Shook, Hardy & Bacon, Frank C. Rothrock, Eva M. Weiler, and Mayela C. Montenegro-Urch for Defendant and Respondent, Boston Scientific Corporation. Salinas Law Group, Richard S. Salinas, and Stacy R. Lucas for Defendant and Respondent, Sukhvinder Bhajal, M.D. -ooOoo- Plaintiff and appellant Foster Taft has filed four complaints seeking to allege viable causes of action against respondents in connection with his father’s death. The superior court sustained demurrers to plaintiff’s fourth complaint without leave to amend. We affirm.

FACTS1 On March 14, 2017, Taft filed a complaint against defendants and respondents Sukhvinder Bhajal, M.D., and Boston Scientific, alleging causes of action for medical records (see Health & Saf. Code, § 123120), intentional and negligent infliction of emotional distress, medical malpractice, product liability, and wrongful death. 2 (Tulare County Superior Court case No. 268870.)3 The complaint was based on events connected with Taft’s father’s death described in further detail below. On April 21, 2017, Taft filed a first amended complaint (FAC). Dr. Bhajal filed a demurrer and motion to strike portions of the FAC. On June 22, 2017, the superior court sustained the demurrer and granted the motion to strike. On August 18, 2017, Taft filed a second amended complaint (SAC). The SAC alleged Taft’s father was a patient of defendant cardiologist Sukhvinder Bhajal, M.D. and had an implanted defibrillator from Boston Scientific Corporation (Boston Scientific). Taft’s father died on March 15, 2016, with a listed cause of death of ventricular fibrillation. The SAC alleged several causes of action, including medical malpractice, products liability and wrongful death. The product liability cause of action alleged, “With [Boston Scientific’s] failure to provide medical records, there must be a presumption of defect ….” The wrongful death cause of action was a single sentence: “That the death of [Taft’s father] was premature and wrongful is addressed above under the Medical Malpractice and Product Defect sections.” Dr. Bhajal and Boston Scientific filed demurrers, which the trial court sustained without leave to amend.