Statement on MANIAGO v. DESERT CARDIOLOGY CONSULTANTS

The Court’s decision in the Maniago case is deeply regrettable.

The decision disregards the well-established principle that protects as paramount the right of appeal. The Court effectively eviscerated its recent holding in Meinhardt, upended years of its own jurisprudence, and elevated mere dicta to significance well beyond what its predecessors could have ever anticipated.

The decision overturns well-settled precedent that California courts have affirmed and followed, without controversy, for over 50 years. Justification for discarding precedent upon which the Maniagos and many before (and after) them reasonably relied is conspicuously absent from the opinion.

The decision elevates formalism over the realities of litigation, distinguishing demurrers with and without leave to amend, dismissals signed by a judge and a clerk. Although artificial, the Court’s emphasis on these distinctions is very consequential, prolonging litigation unnecessarily, delaying the expeditious resolution of issues on appeal, and forcing the retrial of cases on issues that could have, and should have, been decided earlier. The opinion creates new barriers for plaintiffs. And in an era of strained judicial resources, the inefficiency and unnecessary expense resulting from the Court’s decision should be a serious concern to budget-minded lawmakers.

We are most disappointed for Glenn and Geneanne Maniago. Glenn is a medical professional whose life was endangered by Dr. Panguluri and Desert Cardiology Consultants. When he splashed HIV-infected blood into Mr. Maniago’s eyes, Dr. Panguluri violated the most basic health and safety laws applicable not only to physicians, but everyone in California. His carelessness caused serious and direct harm that extended beyond the treatment rooms of Eisenhower Medical Center and into the Maniagos’ home. The opinion downplays that harm and makes extraordinary efforts to ensure that Dr. Panguluri would escape responsibility for his gross negligence.

Hopefully, the Court’s opinion is not the end of the story. We are considering other options to prevent further injustice to the Maniagos, as well as to other health care workers and their families.