Child with Cancer Could Have Lived, Family Says
11-19-2014 23:21:00

OAKLAND, Calif. (CN) - Kaiser referred a sick child to hospice care, instead of providing further treatment or referring him to a research hospital, his father and grandfather claim in Alameda County Superior Court.

     Edward Plummer, Jr. and Christian Morgan Plummer sued Kaiser Foundation Hospitals and Kaiser Foundation Health Plan, pro se, for wrongful death, medical negligence, abandonment of patient and breach of contract in the death of 4-year-old Gavin Plummer. Edward Plummer, Jr. was Gavin’s grandfather and Christian Morgan Plummer was his father.
     According to the lawsuit, Gavin was born in Oct. 2008 and diagnosed with a kidney cancer called Wilms’ tumor in July 2010, before his second birthday.
     “Following exploratory laparotomy and a nephrectomy (surgical removal or all or part of kidney), defendants informed decedent’s parents that the cancer was in remission. However, a few months later, decedent’s parents were told that the cancer had returned. Decedent’s parents requested a second opinion. The request was denied. Plaintiffs also requested a referral to St. Jude’s Children’s Research Center in Tennessee. This request was denied. Instead of making a referral or continuing to treat decedent, defendants encouraged decedent’s parents to take decedent home for hospice care,” the complaint states. (Parentheses in complaint.)
     Gavin died in May 2014, according to the complaint.
     Edward and Christian Plummer seek general and special damages, loss of Gavin’s care, comfort and society, attorneys’ fees and costs and a jury trial.