‘We Will Not Rest’: March For Justice As Alleged Medical Negligence Case In Manteca Continues

Published on

By Laura S. Diaz, THE STOCKTON RECORD

February 12, 2021

https://www.recordnet.com/story/news/local/2021/02/12/manteca-march-seeks-medical-negligence-justice/6730065002/

MANTECA — Shawn Washington III was coughing up blood and having difficulty breathing when he sought help at the Kaiser Permanente emergency room in Manteca at about 1 a.m. on April 26, 2019. Less than 7½ hours later, he was pronounced dead.

His family claims Washington did not receive proper treatment.

His sister — Sharon Washington-Barnes — and seven Central Valley racial justice groups will meet at 11 a.m. Saturday at Manteca’s Sequoia Park, 868 Wawona St., to march for what they say is justice in the death of Washington, who is Black. They plan to march to the medical facilities that he visited, including the Kaiser location where he died.   

In a statement, Washington-Barnes said the march “is to showcase that we will not rest until there is acknowledgment of the neglect that Shawn faced at three Manteca medical facilities.”

The group wants “people to know that we are still here, fighting for justice, fighting for change, fighting for a better future in Shawn’s name and legacy,” she said.

Kaiser officials could not be reached for comment by press time.

The group also announced their endorsement of the Fairness for Injured Patients Act, an initiative to update California’s malpractice cap legislation.   

The initiative required 623,212 signatures to qualify for the 2022 ballot. Supporters have collected 900,000 signatures, The Associated Press reported.

Then Secretary of State – now U.S. Senator – Alex Padilla announced the initiative is eligible for the Nov. 8, 2022, ballot.   

Medical errors were the third-leading cause of death in the country, according to a 2016 study by John Hopkins. Increasing evidence demonstrates how race and ethnicity continue to affect the quality of health care an individual receives.   

In California, medical malpractice lawsuits are capped at $250,000 since the passage in 1975 of the Medical Injury Compensation Reform Act.  

With no change over the past 46 years, that amount is worth around 80% less than it was in 1975, factoring in inflation. 

Washington sought medical attention four times at three different facilities throughout April 2019, his sister said in an interview with The Record. The first three times, he was sent home with medication.  

On the last occasion — the second time he visited Kaiser — he walked into the ER after being transported by ambulance and died of an undiagnosed lung hemorrhage caused by a delayed diagnosis of sepsis, his family said. 

Washington’s family was turned away by several lawyers. The family then learned about the 1975 cap.

“We couldn’t find a lawyer,” Washington-Barnes said. “It literally took us up to two weeks away from our statute of limitations, a whole year” until someone out of the Stockton NAACP helped them file the paperwork.  

“For almost two years now, we’ve been doing everything with no lawyer,” she said. Washington-Barnes added they are in mediation with Kaiser, but “don’t want to settle, we want to hold them accountable as much as possible.” 

After attorneys’ fees and court costs, “you’d be fortunate to net $100,000,” wrote George Skelton, a political columnist for the Los Angeles Times. “And you’d probably settle for less to avoid court expenses and frustration, if you could even find an attorney to take the low-paying case.”  

“Because of this limit, most families who lose a loved one like Shawn (Washington) are turned away by lawyers because the cost of a case is as much as the family can hope to recover under the cap,” stated Consumer Watchdog, an advocacy group backing the initiative.  

Record reporter Laura Diaz covers social justice and societal issues. She can be reached at [email protected] or on Twitter laurasdiaz_. 

Latest Patient Safety Videos

Video thumbnail
Larcenia Taylor Sunset Review 2023 Testimony
01:20
Video thumbnail
Patricia Plascencia Sunset Review 2023 Testimony
03:00
Video thumbnail
Selah O'Connor Sunset Review 2023 Testimony
02:53
Video thumbnail
Sandy Perez Sunset Review 2023 Testimony
02:56
Video thumbnail
Selah O'Connor Sunset Review 2023 Testimony
02:53
Video thumbnail
Selena Alvarez Sunset Review 2023 Testimony
02:04
Video thumbnail
Judith Gorcey's Sunset Review 2023 Testimony
02:15
Video thumbnail
Xavier De Leon Sunset Review 2023 Testimony
02:19
Video thumbnail
Robert Andrian Sunset Review 2023 Testimony
02:43
Video thumbnail
Evelen Martinez Sunset Review 2023 Testimony
00:42
Video thumbnail
Michele Monserratt Ramos Sunset Review 2023 Testimony
01:33
Video thumbnail
Tracy Dominguez Sunset Review 2023 Testimony
02:11
Video thumbnail
Naomi Sweatt Sunset Review Testimony
02:07
Video thumbnail
Selena Alvarez Sunset Review 2023 Testimony
02:00
Video thumbnail
Denise Johnson Sunset Review 2023 Testimony
02:11
Video thumbnail
Tammy Smick Sunset Review 2023 Testimony
01:56
Video thumbnail
Maria Ibarra Navarrette Sunset Review 2023 Testimony
02:07
Video thumbnail
Carol Bradley Sunset Review 2023 Testimony
02:33
Video thumbnail
Kim Turbin Sunset Review 2023 Testimony
02:14
Video thumbnail
Tracey Mueller Gibbs Sunset Review 2023 Testimony
02:43
Video thumbnail
Carmen Balber testifies at Sunset Review about Medical Board Reforms
02:03
Video thumbnail
Tracy Dominguez Testifies on Right to Know Physician Loss of Hospital Privileges Before
02:16
Video thumbnail
Naomi Sweatt Testifies Calling for Disclosure of Physician Felony Charges before
01:49
Video thumbnail
Maria Ibarra Navarrette Testifies Calling for All Death Complaints to be Investigated Before
00:34
Video thumbnail
Patricia Plascencia Testifies Calling for Public Disclosure of Physician Felony Charges Before
02:04
Video thumbnail
Evelen Martinez Testifies Calling for Death Complaints Must be Investigated before
02:11
Video thumbnail
Michele Monserratt-Ramos testifies on Right to Know Physician Loss of Hospital Privileges before
02:48
Video thumbnail
Xavier De Leon Testifies on Right to Know Physician Loss of Hospital Privileges Before
01:57
Video thumbnail
Jan Kamel testifies at MBC Meeting 2 9 23
00:34
Video thumbnail
Michele Monserratt-Ramos Testifies in Support of Bringing Medical Board Meetings to Central Valley
02:52
Video thumbnail
Kimberly Turbin Testifies Calling for Serious Bodily Injury Complaints to be Investigated Before
02:11
Video thumbnail
Moises Espinoza Testifies Calling for Public Disclosure of Physician Felony Charges Before
01:29
Video thumbnail
Judith Gorcey Testifies Calling for Public Disclosure of Physician Felony Charges Before
02:48
Video thumbnail
Selah O’Connor Testifies Calling for Serious Bodily Complaints Must Be Investigated before
02:39
Video thumbnail
Tracy Dominguez Testifies in Support of Bringing the Medical Board Meeting to the Central Valley
01:24
Video thumbnail
Tracy Dominguez Testifies Calling for Death Complaints Must Be Investigated Before
02:14
Video thumbnail
Monique Himes Testifies in Support of Bringing the Medical Board Meeting to the Central Valley
01:15
Video thumbnail
Xavier De Leon Testifies in Support of Bringing the Medical Board Meeting to the Central Valley
01:10
Video thumbnail
Xavier De Leon Testifies Calling for All Death Complaints to be Investigated Before
02:25
Video thumbnail
David Gorcey Testifies Calling for Public Disclosure of Physician Felony Charges Before
01:14
Video thumbnail
Naomi Sweatt Testifies in Support of Bringing the Medical Board Meeting to the Central Valley 2/9/23
01:05
Video thumbnail
Maria Ibarra Navarrette Testifies Calling for Public Disclosure of Physician Felony Charges Before
02:04
Video thumbnail
Patty Plascencia Testifies Calling for Serious Bodily Injury Complaints to be Investigated Before
02:31
Video thumbnail
Denise Johnson Testifies Calling for Death Complaints Must Be Investigated Before
02:25
Video thumbnail
Alka Airy Testifies Calling for All Death Complaints to be Investigated Before
03:12

Latest Patient Safety Releases

Patient Safety In The News

Support Consumer Watchdog

Subscribe to our newsletter

To be updated with all the latest news, press releases and special reports.

More Patient Safety Releases