After they claim a woman tried to steal their babies in the Riverside University Medical Center, four parents sued Riverside County, which operates the hospital. Their case withstood a motion to dismiss Dec. 6.
Riverside Superior Judge Daniel Ottolia ruled that only their negligent infliction of emotional distress claim should be dismissed because it was duplicative of a negligence cause of action.
The County claimed it was immune from the negligence cause because of Government Code Section 845.
Ottolia said that law applied to police officers, and does not apply to this case.
Ottolia denied the county’s motion to also dismiss the negligence and dangerous condition of public property claims.
The parents’ second amended lawsuit, filed Oct. 27, says that Jesena Miron pretended to be a nurse, gained access to their rooms July 14, 2022, and attempted to take their children away for “testing.”
Miron was charged with two counts of kidnapping and two counts of child stealing, all of which are felonies. She will be considered for mental health diversion Jan. 9.
The complaint claims that Miron gained access to the maternity ward through a defective security door. Because of its defect, the door was propped open.
Ottolia also said that the defective nature of the door was adequately pleaded: “While Plaintiff does not specify the exact nature of the defect that kept the door propped open, the Code does not require this level of specificity,” Ottalia wrote.
The lawsuit claims that the county and the hospital should have fixed the door instead of propping it open, and that the hospital was negligent by removing one of the child’s security bracelets before she was discharged, failing to maintain adequate security, failing to train employees, staff and security guards, and failing to patrol the ward or implement adequate security measures.
Miron entered one mother’s room around 9 a.m. July 14, 2022, claimed to be a nurse, handled the newborn for 15 minutes, and left the room, according to the complaint. She returned 30 minutes later and told the parents she needed to test their baby. She abandoned the baby in the hallway after the father attempted to accompany her.
She later visited another mother’s room, again claimed to be a nurse, and spent 10 minutes rocking the baby before leaving. She returned 30 minutes later and attempted to remove the baby to get her checked out. The baby’s security bracelet had been removed at that time. The mother declined Miron’s request.
Police officers appeared shortly after, the complaint says.
Case No. CVRI2303050
Murrieta sole practitioner Paul Maineri represents the parents.
Bruce Disenhouse and Gary Poteet of Riverside’s Disenhouse Law represent the county.
Read the complaint here.
Read the ruling here.
Criminal Case No. RIF2203703
