Longshore

Appeal from order of dismissal for delay in prosecution under former Code of Civil Procedure section 583, subdivision (a). [1] Affirmed.

The issues on appeal are (1) whether a showing of some prejudice is necessary to support a discretionary dismissal under former section 583, subdivision (a) and (2) whether the trial court abused its discretion in granting the dismissal.

In 1979 appellant's doctor prescribed Provera, a drug manufactured by respondent, for appellant to take during her pregnancy. Appellant's daughter was born with congenital heart abnormalities on March 21, 1980. The infant was hospitalized for approximately six weeks after birth and required constant attention when taken home because she frequently stopped breathing. The infant died on June 29, 1980.

A complaint against the doctor, the hospital, the ambulance company called on the date of death, and respondent was filed June 29, 1981. The doctor was served on June 28, 1983. His demurrer was sustained with thirty days to amend on December 19, 1983. The first amended complaint seeking recovery for wrongful death, the survival of the decedent's personal injury action, battery, breach of express…