In the Superior Court of California, County of Ventura, plaintiffs Danielle Stone and Brian Stone have filed a lawsuit against defendants Walter A. Thomas, M.D., Russ D. Erman, M.D., Kenneth N. Cosmer, M.D., Specialty Surgical Center of Thousand Oaks, LLC, Specialty Surgical Center of Thousand Oaks, LP and Does 1 through 50 inclusive. The case ID is 2023CUMM012943 and it was filed on August 21, 2023. The suit alleges medical negligence/wrongful death and survival action/pre-death pain and suffering.
The Stones are represented by Ilan Heimanson from Heimanson & Wolf LLP. They are the biological parents of Carter Stone and Danielle Stone is also his successor in interest. The complaint states that Danielle Stone seeks survival action damages under California Code of Civil Procedure Section 377.30 and 377.34.
The defendants include three physicians who practice in Ventura County - Walter A. Thomas (orthopedic surgery), Russ D. Erman (anesthesia), Kenneth N. Cosmer (pediatrics) - as well as two entities associated with the Specialty Surgical Center of Thousand Oaks.
The plaintiffs demand a jury trial and are seeking damages for the loss or damage that Carter sustained or incurred before his death that he would have been entitled to recover had he lived.