I, David Alomatsi, declare as follows.

  1. I am over the age of 18 years and am a party to this action. I have personal knowledge of the facts stated in this declaration and if called as a witness, could and would testify competently to the truth of the facts as stated herein.
  2. I make this declaration in support of Plaintiff’s Motion for Summary Judgment or in the alternative Motion for Summary Adjudication.
  3. Around May 19, 2017 I was admitted at Mission Community Hospital, Panorama City (Mission) in California for treatment due to general weakness. I received some treatments, briefly.
  4. A few days later, I was informed by the hospital staff that I had an infection and that I would be given intravenous treatment with antibiotic drug.
  5. The nurse informed me of the potential side effects including seizures. I therefore requested extra precaution and also requested to be closely monitored during the time the drug was being administered.
  6. Unfortunately, the nurse did not administer the drug at the scheduled timed. I was later informed that the drug will be administered at a later time.
  7. Late I asked the nurse about the treatment and she said, “Now that you mentioned your experience with the drug, all the other nurses are not comfortable giving it to you”.
  8. I recall that, upon arrival at Mission, I had to sign a consent for treatment and had to provide health insurance information for billing purposes and that it was only after complying with Mission’s consent and insurance requirement, that I was admitted for treatment.
  9. Th nurses did not administer the I.V. antibiotic treatment as prescribed. As time went by, I continued to feel weaker, uncertain of the exact cause.
  10. I had a trusting relationship with the clinicians caring for me, since they frequently evaluated me and asked how I was doing. I informed clinicians how I was feeling, including the weakness. I expected to recover and go home.
  11. I was ignorant about whether the particular I.V. antibiotic, which the nurse told me about, was still needed. I reasonably assumed that the medical professionals had decided the I.V. antibiotic was no longer needed. This was still Plaintiff’s first hospitalization at Mission in 2017.
  12. I reasonably assumed that clinical staff had determined that I did not need the I.V. antibiotic and subsequently discharged me to Maclay. I was unclear about the kind of care he was supposed to be getting upon being admitted at Maclay. I did not question anything because I trusted Mission Community Hospital’s professional judgment and expected to return home soon to my apartment and to resume my normal life.
  13. According to records obtained, my condition started to worsen even prior to the time I was transferred from Mission to Maclay. My condition still continued to worsen after I was transferred from Mission to a Maclay.
  14. One day, while at Maclay, I was accompanied by Maclay staff to an out-patient appointment. During the appointment, the doctor advised me that upon my arrival at Maclay, I should request a transfer to the nearest Emergency Room at an acute care hospital. All this time, I believed the symptoms were a natural course of disease process. I made the request and Maclay transferred me back to Mission, where I was admitted for the second time.  At this point, as indicated by medical records, medical evaluation show that Mission did not administer the I.V. treatment Mission prescribed for the infection during my first admission, prior to transferring me to Maclay
  15. I am informed and believe that as a result of Mission not giving the prescribed treatment during the first admission, my condition gradually worsened each passing hour from the time the treatment was delayed, causing the infection to worsen.
  16. I am informed and believe that, even for a few days of not getting the necessary treatments, my infection became more severe to such a level that made my recovery more difficult and required a more prolonged recovery time.
  17. Medical records show that the Mission’s clinicians knew that I needed that particular I.V. drug that they had prescribed for the infection which Mission clinicians had diagnosed but did not administer during my first admission at Mission. Records show that I was in a much worse condition than before, which should not have happened had I been given the I.V. drug that was necessary.
  18. After the second time of being admitted at Mission for intensive care, I was transferred to Kindred Hospital (Kindred) in Gardena, California for physical therapy.
  19. From Kindred, I was transferred to Las Flores Convalescent hospital to continue physical therapy. When I recovered enough and regained enough strength at Las Flores, I was eventually medically permitted to walk about 100 to 200 feet without direct supervision of hospital staff.
  20. Some incidents occurred at some point at Las Flores that led me to complain, by telephone, to the Gardena Police Department. Las Flores administrator lied to the police about the incident. Other incidents occurred at Las Flores that led me to complain to California Department of Public Health (CDPH) as well when CDPH officials arrived for annual survey at Las Flores.  During my follow-up contact with the police, I was informed that my complaints were a CDPH issue and that I could take a civil action against Las Flores if I wanted to. With that information, I contacted attorneys and they asked me why I was in the hospital in the first place. I explained his reason for being in the hospital. The attorney’s instructed me to obtain medical record and telephone them again.
  21. I reviewed records from multiple hospitals, with help of the attorneys. I began to suspect that my lengthy hospitalization was not due only to a disease process as staff from all other hospitals had led me to believe, but rather due to negligence.
  22. When I discovered that I had been wronged, I properly notified all hospitals where I was treated, including Mission, about my intention to bring a lawsuit against them. I waited 90 days, as required by law, for a response from them, including Mission Community Hospital. I received no response from Mission Community Hospital.
  23. I was still an inpatient, receiving treatments at Las Flores when I suspected Mission’s negligence around February 13, 2019. I was discharge from Las Flores on March 11, 2019 and shortly after I started sending notices of intent to sue to all suspected parties in February, 2019.
  24. I am informed and believe that the period of hospitalization was continuous from the date of being transferred from Mission, up until I was finally discharged from Las Flores March 11, 2019.
  25. I am informed and believe that Mission knew or should have known that I had signed a consent for treatment and that I deserved all the necessary treatments prescribed by the doctor during my first admission at Mission Community hospital.
  26. I am informed and believe that Mission knew or should have known that it was necessary for them to tell me that the I.V. treatments prescribed for him were discontinued by the doctor who prescribed it during his first admission at their hospital and the reasons why.

I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct, and that this Declaration was executed on 14th Day of May 2021, at Los Angeles, California.

Dated 14th Day of May 2021 ____________________________________

David Alomatsi

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