In early September 2008, plaintiff’s decedent Tyrrell Rippetoe was released from a hospital and returned to his incarceration at California Substance Abuse Treatment Facility and State Prison, Corcoran (SATF-CSP, Corcoran). Rippetoe was a kidney dialysis patient prone to methicillin-resistant Staphylococcus aureus (MRSA) infections at his dialysis access points, resulting in several hospitalizations. In August 2008, Rippetoe was hospitalized for an infection at Mercy Hospital in Bakersfield. During his hospitalization, a new access point was developed for his dialysis and the infection was treated when he was administered Vancomycin, an antibiotic, through an IV. Rippetoe was then released from the hospital in early September 2008, with instructions to get Vancomycin through an IV on each of his thrice-weekly dialysis days for the next two weeks at SATF-CSP. However, Rippetoe was never administered the antibiotic and his infection recurred. He was subsequently sent to San Joaquin Community Hospital, where he was treated with Vancomycin through an IV and again instructed to continue with the IV treatment at SATF-CSP. Upon his return to the prison, Rippetoe again did not receive the antibiotic. Rippetoe’s MRSA infection recurred in late November 2008, and was treated at SATF-CSP with pain relievers. On Dec. 6, 2008, he was taken to Fresno Community Hospital, where doctors concluded that Rippetoe’s condition was, in fact, consistent with a recurrence of his MRSA infection. As a result, Rippetoe was again treated with Vancomycin, but his condition resulted in a seizure that caused a diminution of his mental capacity. Rippetoe ultimately died on Dec. 22, 2008. The decedent’s daughter, Shantie Rippetoe, sued the California Department of Corrections & Rehabilitation and the Chief Medical Officer at SATF-CSP, Corcoran, Anthony Enemoh, M.D. The decedent’s daughter alleged that the defendants were negligent in the treatment of her father and were negligent in failing to administer the Vancomycin, as instructed, and that this negligence constituted medical malpractice. She further alleged that the defendants’ general negligence caused her father’s wrongful death. Plaintiff’s counsel contended that the defendants failed to respond to hospital discharge instructions on two occasions in 2008, when SATF-CSP was instructed about the decedent’s need for Vancomycin through IV. Counsel further contended that the defendants overall neglect resulted in two MRSA outbreaks, the second of which ultimately resulting in the decedent’s death following a severe seizure. Enemoh and SATF-CSP, Corcoran, claimed that they did receive instructions from the first of two hospitals from which the decedent was discharged (Mercy Hospital), and that any alleged instructions were sent to their in-house dialysis center operated by DaVita Dialysis, which they claimed was responsible for the decedent’s continued treatment. Enemoh and SATF-CSP, Corcoran, also claimed the instructions from San Joaquin Community Hospital were not specific enough. In response, plaintiff’s counsel contended that there was no record of DaVita ever receiving such instructions and that the instructions, as written, did not apply to DaVita. Counsel also contended that, in any event, the DaVita dialysis center was operating under Enemoh’s direction and control., Tyrrell Rippetoe’s MRSA infection recurred in late November 2008, and he was treated at SATF-CSP with pain relievers. He was then taken to Fresno Community Hospital on Dec. 6, 2008, and was treated with Vancomycin. However, his condition resulted in a seizure that caused a diminution of his mental capacity. He ultimately died on Dec. 22, 2008. Thus, the decedent’s daughter sought recovery of non-economic wrongful death damages for the loss of love, society, training, guidance and companionship. She also sought recovery of damages for funeral and burial costs.