Sheryl Smith v. Fresno Community Hospital and Medical Center

I. BACKGROUND

23 A. Procedural Background 24 This action arises from the alleged wrongful death of Mr. Bryson Ferguson (“decedent”), 25 caused by allegedly negligent medical treatment that failed to detect what proved to be a fatal 26 underlying condition. Decedent’s mother is Plaintiff, and she is the legal representative of his 27 estate. (ECF No. 23 at 1.) On November 13, 2020, Plaintiff filed her complaint as the successor 28 in interest to the Estate of Bryson Ferguson. (ECF No. 1.) On December 7, 2020, Defendant filed a motion to dismiss, and Plaintiff filed an opposition on January 5, 2021. (ECF Nos. 10, 12.) After Defendant filed its reply on January 12, 2021, the Court granted Defendant’s motion to dismiss with leave to amend on July 20, 2021. (ECF Nos. 15, 22.) On August 19, 2021, Plaintiff filed her first amended complaint (“FAC”). (ECF No. 23.) The FAC asserts causes of action against five separate defendants: FCHMC dba CCMC, Dr. Scott Ford, Chiropractic Health Center/Accident Recovery Center, Reza Shakeri, and John Ferguson. (Id. at 2-3.) Plaintiff asserts claims for medical negligence and wrongful death. (Id. at 8-10.) …