The lawsuit between Wendy Norried, the plaintiff, and Venice Family Clinic et al., the defendants, was filed in the Court of Appeal of the State of California, Second Appellate District, Division Five. The court case ID is B316566 and it was filed on May 3rd, 2024.
The plaintiff's lawyer is David Vernon Welker while the defendants are represented by Cole Pedroza, Kenneth R. Pedroza, Matthew S. Levinson, Cassidy C. Davenport, Dana L. Stenvick; Kjar, McKenna & Stockalper, Patrick E. Stockalper and Molshree Gupta.
The case revolves around the death of Darrell Norried in 2017 after being treated at Venice Family Clinic where he allegedly wasn't informed about side effects of a prescribed medication and his response to the drug wasn't monitored.
Wendy Norried and her attorney also sought a declaration that various provisions of the Medical Injury Compensation Reform Act of 1975 (MICRA) are unconstitutional. The trial court sustained the Clinic’s demurrer without leave to amend which led to this appeal.
The plaintiff seeks judgment for negligent infliction of emotional distress, intentional infliction of emotional distress, violation of the Unfair Competition Law (UCL; Bus. & Prof. Code), and a declaratory judgment that certain MICRA provisions are unconstitutional.
Justices Baker, Moor and Kim all concur that Wendy's procedural objections nor her substantive challenges to the court's demurrer ruling have any merit. Substantively, each of the causes failed to state a claim against the clinic. All of the lower courts judgments are affirmed.