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"Evan Maltese, Michael Alan Maltese and Rowena Javier Maltese sued Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, and Southern Permanente Medical Group, in Orange County Superior Court. They claim discrimination under the Unruh Civil Rights Act, intentional and negligent misrepresentation, intentional and negligent infliction of emotional distress, medical negligence and battery."  Note:  Filed May 13, 2014 - Download to Review Case Number : 30-2014-00722451-CU-FR-CJC

As an infant Evan Maltese was diagnosed by Kaiser and Southern California Permanente as having a genetic condition; 2-hydroxyglutaric aciduria which can cause physical and mental disabilities.  He was diagnosed by Kaiser as early as January 2007, confirmed in March 2007 and by April 2007  Kaiser was intentionally and inappropriately prescribing morphine, lorazepam and phenobarital for this infant.  

About " July 28, 2008, as a result of injections prescribed as part of defendants' inappropriate hospice care plan, Evan Maltese suffered a severe hypoxic episode, requiring emergent medical treatment and causing him permanent brain damage."

The legal filing states  "The use of the above-referenced compounds had no therapeutic intent or benefit for Evan Maltese. On information and belief, the above-referenced drugs were knowingly and intentionally used by defendants upon Evan Maltese in order to hasten his death."  See:  http://www.courthousenews.com/2014/05/23/68181.htm

The legal filing states that " Kaiser subjected Evan to "harmful and unlawful touchings. Those touchings were such that any reasonable person would have been offended as a result, according to the complaint. He "suffered permanent, devastating harm as a proximate result of the touching. As a further proximate result of the acts of the defendants, and each of them, plaintiff Evan Maltese sustained severe emotional disturbance, shock, and injury," the complaint states.

     "Plaintiffs only discovered the fraudulent conduct alleged in this cause of action upon reading the Hospice Admission Report for Evan Maltese for the first time in April 2012," their complaint states."

Legal Representatives are Daniel M. Hodes of Hodes Milman Liebeck in Irvine


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