Son Blames Kaiser for Dad's Car Accident Death

3-11-2014 17:42:00

    FRESNO, Calif. (CN) - Kaiser is responsible for a car wreck that killed a boy’s father, he claims in a Fresno County Superior Court complaint.
    Jorge Perez, Jr., was driving his car in Fresno on Nov. 3, 2012 when he was struck by a vehicle driven by Linda Fairbanks.
    Perez and his passenger were both killed in the collision and Fairbanks was sentenced on criminal charges for the deaths, according to the complaint.
     His son, Isaac, through his guardian ad litem, Ruby Garcia, says he learned in the fall of 2013 that Fairbanks had been examined by Kaiser staff the day of the wreck and received a “narcotic” medication, which had been administered in addition to prescription medication she was already taking.
     “Kaiser did not know that defendant, Linda Fairbanks, was already under the influence of prescription medication when they injected her with medication. As a result of being under the influence of the narcotic medication, defendant … caused a traffic accident with decedent … killing him,” according to Perez, who says Kaiser staff should have asked Fairbanks if she was on any other medications before giving her more.
     “It was negligent for Kaiser employees to have provided the medication to … Fairbanks,” the complaint states.
     He is suing Fairbanks and Kaiser Permanente for negligence, and seeks general and compensatory damages, on top of hospital and medical expenses.
    This case is likely related to Desiree Abarca v. Kaiser Foundation Health Plan, et al., filed in November.
    The plaintiff is represented by David M. Moech of Quinlan Kershaw & Fanucchi.