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Mark Bello
Mark Bello
Attorney • (877) 377-7848

Wrongful Death: Never Wear Your Rolex Into the Emergency Room?

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Jerry Kubena, Sr. was suffering from a heart attack. He was rushed to the emergency room of the St. Joseph’s Medical Center, in Stockton, CA, on June 1 of this year. Dr. Cleveland Enmon was the staff attending physician in the emergency room at the time Kubena was admitted. Two nurses worked alongside Dr. Enmon, and noticed that Kubena was wearing a Rolex watch. Unfortunately, Kubena died in the emergency room, that day, and things took a bizarre turn. It is alleged, in a lawsuit filed in San Francisco Superior Court, after Dr. Enmon pronounced Kubena dead, that the nurses noticed Kubena’s watch was missing. They suspected that Dr. Enmon had stolen the watch; this was, unbelievably, confirmed on hospital surveillance cameras. Aside from the civil suit, Dr. Enmon (who has been fired) now faces criminal charges for grand theft.

The wrongful death lawsuit, filed by the children of Mr. Kubena against Dr. Enmon, states that he intentionally abandoned efforts to resuscitate their father and save his life in order to steal his Rolex watch, estimated to be valued at $11,000 to $45,000.

Enmon abandoned his efforts to resuscitate (the) decedent and decided instead to satisfy his narcissistic desires by stealing the wristwatch

said Stockton attorney Jeffrey Silvia, in the lawsuit he filed for the family, against Enmon, St. Joseph’s Medical Center, and Catholic Healthcare West, which owns the hospital. The suit alleges that Enmon ceased efforts that could have saved Kubena’s life in order to steal the watch, and, further, that the hospital attempted to cover up the incident after Enmon had been fired. The suit charges the hospital and its owners with conspiracy, negligent hiring and negligent supervision. The Kubena family is seeking compensatory damages for their loss, and pain and suffering, emotional distress, and loss of companionship. They are also seeking punitive damages for negligence, fraud, and breach of care.

Was this a needless death? Did Mr. Kubena receive proper care? If not, would he have survived had he received proper care? I am certain that the civil lawsuit and the criminal proceedings will answer these questions. As reprehensible as Dr. Enmon’s alleged criminal actions are, his behavior is dwarfed by the alleged conspiracy of the Medical Center to cover up his alleged criminal acts. The hospital’s behavior makes the Kubena family’s grief and suffering much more unbearable. Had Mr. Kubena been wearing a Timex instead of a Rolex, would his heart still be ticking today?

The grief that follows the loss of a loved one can be overwhelming. The last things family members want to think about after the death of a loved one are expenses of death (funeral expenses, medical bills, outstanding household bills and charges) that must be settled. They are simply trying to adjust to life without a loved one. If your family has experienced the wrongful death of a family member, it is wise to consult with an attorney who is experienced in handling wrongful death cases. He or she will assist you in migrating through the maze of legal complexities, while you focus on grieving. If you need assistance in finding the right attorney, Lawsuit Financial provides a complimentary legal referral service in all 50 states.

Pursuing wrongful death litigation is a complicated process; cases often take years to resolve. The litigant is, almost always, dealing with large corporations and/or insurance companies who delay the process to their financial advantage. Lawsuit funding provides assistance to surviving family members for expected and unexpected costs that arise while the litigation is pending. Repayment is contingent upon litigation outcome; their are no payments to be made, your credit score is irrelevent. A solid case handled by a solid attorney is all that is required. A family can focus on healing, rather than calculating expenses or worrying about how they will pay their bills. Lawsuit Financial extends its sympathies to the Kubena family and wishes them and Mr. Silvia good luck in their pursuit of justice.