Melchor v. Children's Hosp. & Research Ctr. Oakland
Jose and Natalie Melchor (collectively, plaintiffs), by and through their guardians ad litem, sued various defendants, including Children's Hospital & Research Center Oakland (CHO or the hospital) for professional negligence. The operative first amended complaint alleged the negligent examination, diagnosis, and treatment provided by CHO and its nonemployee physicians, including Dr. Heidi Flori, caused plaintiffs to contract herpes type II meningoencephalitis and to develop cerebral palsy.[1]
In March 2009, CHO filed two motions for summary judgment -- one against Jose and another against Natalie -- contending plaintiffs could not establish the hospital breached the standard of care with respect to the treatment and care plaintiffs received. CHO supported its motion for summary judgment against Jose with a declaration from Dr. Scott J. Soifer, who opined the treatment and care provided by CHO and Dr. Flori met the standard of care. CHO supported its motion for summary judgment against Natalie with a similar declaration from another doctor. The court granted both motions and entered judgment for CHO.
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