Nichols

I. BACKGROUND

Sandra had an implanted Medtronic infusion pump, which was managed by Alghannam. The pump delivered a continuous infusion of fentanyl for pain management and allowed Sandra to self-administer additional doses through the use of an actuator. Sandra was referred to Dr. Michael Fahey of The Fremont-Rideout Health Group doing business as Rideout Health (Rideout) for an apparently unrelated health challenge involving difficulty swallowing and substantial weight loss. Fahey recommended laparoscopic paraesophageal hernia repair with feeding tube placement. The surgery was performed on or about July 23, 2018. Following the surgery, Sandra continued to receive infusions of fentanyl through her pain pump and continued to self-administer fentanyl through the pain pump’s actuator. Rideout’s clinical staff observed changes in Sandra’s mental status, which were brought to Fahey’s attention. The actuator was not removed. Sandra died from an overdose of fentanyl on August 4, 2018.1 One of Sandra’s daughters commenced the instant action on November 4, 2019. The initial complaint asserted the following causes of action against Rideout and Does

1 Plaintiffs’ opening brief states…