Taft v. Boston Scientific CA5

FACTS

Case No. 268870 On August 18, 2017, Taft filed a second amended complaint in Tulare County Superior Court case No. 268870.1 Pertinent here, that complaint alleged defendants Sukhvinder Bhajal, M.D. (Dr. Bhajal) and Boston Scientific Corporation (Boston Scientific) wrongfully failed to provide Taft with certain medical records of his father after his death. Taft’s father was a patient of defendant cardiologists Sukhvinder Bhajal, M.D., and Dennis Johnson, M.D. He had an implanted defibrillator from Boston Scientific. He died on March 15, 2016, with a listed cause of death of ventricular fibrillation. Taft sent a request to Boston Scientific that they provide electrocardiograms (ECGs) from all of 2016 and from December 2015. The ECGs at Boston Scientific were in an account under Dr. Bhajal’s name. On April 5, 2016, Dr. Johnson provided Taft with medical records, including: ECGs from February 12, 2016, and March 15, 2016, and a report created by “a downloading of device information” on April 4, 2016 (several weeks after Taft’s father’s death). The device report indicated there had been seven “events” since the device was reset on March 8, 2016. Four of the “events” were…