A tragic case of alleged medical malpractice has surfaced in Ventura County, California, where a family is seeking justice for the untimely death of their loved one. On September 11, 2024, a complaint was filed by Luis Simental on behalf of Javier Simental and Dominik Simental against Ventura County Medical Center and several associated medical professionals.
The lawsuit details the harrowing final days of Javier Simental, who sought treatment at Ventura County Medical Center on September 14, 2023. Despite presenting with severe symptoms including a high white blood cell count and abnormal EKG results, his condition was allegedly mismanaged. Dr. Zachary Zwolak initially treated him with colchicine but switched to prednisone due to perceived intolerance. Following an insurance-mandated transfer to Community Memorial Hospital, Javier's condition deteriorated further. He was discharged on September 19 but returned the next day in critical condition and subsequently died on September 23 from cardiac tamponade and bacterial pericarditis.
According to the complaint, the plaintiffs accuse the defendants of failing to provide adequate care that meets the standard expected in their profession. The lawsuit claims that "Defendants negligently and tortiously failed to possess or exercise that degree of knowledge or skill that would ordinarily be possessed and exercised by physicians and surgeons." This alleged negligence led to Javier suffering immense pain before his death.
The plaintiffs are seeking various forms of relief from the court. They request compensation for funeral expenses, economic damages such as loss of support and household services, as well as non-economic damages for both pre-death pain and suffering experienced by Javier Simental and the emotional toll on his surviving son Dominik Simental. The lawsuit specifically seeks damages up to limits articulated in Civil Code section 3333.2(b) for medical malpractice cases.
Representing the plaintiffs are attorneys Benjamin T. Ikuta and Vanessa N. Raven from Ikuta Hemesath LLP. The case is being presided over by Judge Brenda L. McCormick under Case ID: 2024CUMIM030087.