On Jan. 27, 2010, plaintiffs’ decedent Tyrone Taylor, an unemployed 42 year old, was scheduled to undergo a cervical anterior discectomy and fusion in his neck by Donald Ramberg, M.D. Twelve hours later, an attending emergency room physician, Rushdi Cader, M.D., responded to a code blue and attempted to resuscitate Taylor. However, Taylor ultimately passed away from complications from the surgery. The decedent’s family claimed that while Cader documented that Taylor’s death was caused by an expanding post-operative hematoma, they were told that the cause of death was undetermined and that an autopsy would be required. After an autopsy was performed by a pathologist, who determined that the decedent passed away from a severe fatty metamorphosis of the liver and an enlarged heart. However, the decedent’s family ordered a second autopsy that also showed a severe fatty metamorphosis of the liver and an enlarged heart, but ultimately concluded that the decedent suffered from a post-operative cervical hematoma, which caused a deviation of his trachea, cutting off his airway and resulting in the decedent’s death. The decedent’s wife, Sara Taylor, and their minor son, Lucas Taylor, sued Ramberg, Cader, Sierra Vista Regional Medical Center, and Tenet Healthcare Corp. Cader and Tenet Healthcare were ultimately dismissed from the case. Thus, the matter continued against the Sierra Vista and Ramberg only. The decedent’s family alleged that Sierra Vista’s actions constituted misrepresentation with concealment and that Ramberg’s actions constituted failure to monitor and conspiracy with the hospital, as he was allegedly aware of, and participated in, the misrepresentation and concealment. They further alleged that Ramberg’s failure to properly monitor the decedent constituted medical malpractice and that the hospital was liable for Ramberg’s actions. Plaintiffs’ counsel argued that Ramberg received two calls in the middle of night about the decedent, but failed respond appropriately. Counsel contended that during first call, a change in the patient’s condition was noted and as a result, Ramberg made three orders. Counsel contended that the hospital’s staff was in the process of carrying Ramberg’s third order when the patient said he had trouble swallowing with the medications ordered. Plaintiff’s counsel contended that as a result of the patient’s complaint, the primary nurse made a second call to Ramberg to explain that the patient had trouble swallowing. As the primary nurse was on the phone with Ramberg, two other nurses in the room made the code blue call. Thus, plaintiffs’ counsel argued that Ramberg should have obtained different information during the calls and made different orders. Counsel also argued that Sierra Vista and Ramberg conspired to conceal the true cause of the decedent’s death by telling the decedent’s family the cause of death was undetermined and not telling them about Cader’s determination that the death was caused by an expanding post-operative hematoma. Ramberg claimed he properly treated the decedent and that his actions never fell below the standard of care. Counsel for Sierra Vista noted that after the patient died, the hospital put together the decedent’s entire medical chart, including Cader’s report, and gave it to the decedent’s wife, which the wife agreed she received. However, counsel contended that because the hospital did not know why the decedent died, it had an autopsy performed. Counsel further contended that the San Luis Obispo County Coroner’s Office recommended a physicians group, which then selected the pathologist who performed the first autopsy., Tyrone Taylor suffered from post-surgical complications that resulted in a cervical hematoma that caused a deviation of his trachea, cutting off his airway. As a result, he died on Jan. 28, 2010. The decedent is survived by his wife and 10-year-old son. The decedent’s son, who was in sixth grade when his father passed away, testified that he wished his father was still alive. The decedent’s wife claimed she found out of the alleged misrepresentation and concealment at the end of 2011. Thus, the decedent’s wife and son sought recovery of wrongful death damages, including recovery for their loss of care, comfort and society, plus past and future loss of earnings, and past and future loss of household services. The decedent’s son also sought recovery for his loss of parental guidance. In addition, the decedent’s wife sought $5,000 in economic damages for the second autopsy, as well as sought punitive damages for the defendants’ alleged malice, oppression and/or fraud.