Pelter

BACKGROUND

A. Rojeski’s Death On September 8, 2011, Paula Rojeski underwent lap band surgery at Valley Surgical Center. After the surgery was completed, she suffered a medical crisis and died. An April 2013 autopsy report attributed the cause of death to the care provided by the anesthesiologist and to a surgical puncture wound to Rojeski’s aorta. The report found no fault was attributed to Valley Surgical Center or its employees. B. Litigation Pelter filed the complaint on September 7, 2012, individually and as special administrator of the estate of Rojeski, her sister, against 1-800-GET-THIN, LLC; Valley Surgical Center; Julian Omidi, Michael Omidi, M.D., and Cindy Omidi, doing business as Valley Surgical Center (the Omidi defendants); and two physicians (the physician defendants). The complaint alleged that Rojeski died as a result of the defendants’ negligence in performing lap band surgery, and included claims for “breach of medical professional obligation,” wrongful death, and fraud and concealment. The physician defendants eventually obtained summary judgment, and were dismissed. C. Summary Judgment On August 10, 2017, the Omidi defendants filed a motion for…