Daniel C. v. White Memorial Medical Center

Filed 9/28/22 Opinion following rehearing

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

DANIEL C., a Minor, etc., B308253

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC585574) v.

WHITE MEMORIAL MEDICAL

CENTER et al.,

Defendants;

STATE DEPARTMENT OF HEALTH

CARE SERVICES,

Claimant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Robert S. Draper, Judge. Reversed with directions. Steven B. Stevens; Law Offices of Martin Stanley and Martin Stanley, for Plaintiff and Appellant. Rob Bonta, Attorney General, Cheryl L. Feiner, Assistant Attorney General, Richard T. Waldow, Gregory D. Brown and Cristina M. Matsushima, Deputy Attorneys General, for Claimant and Respondent. ‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗

Appellant Daniel C. (Daniel) is a severely disabled child whose congenital abnormalities were undetected during his mother’s pregnancy until after viability. Daniel sued various medical providers for wrongful life, settling with one, Dr. Kathryn Shaw, in 2018. The California Department of Health Care Services (DHCS) asserted a…