Thread: Hernandez hearing up in air

http://www.zwire.com/site/news.cfm?news ... 5210&rfi=6


Hernandez hearing up in air
By Scott Harper, sharper@gtowntimes.com January 06, 2007

A hearing which is scheduled for next week concerning a $5 million lawsuit filed against some Medical University of South Carolina doctors by a man charged with killing his baby may be postponed.
Myrtle Beach attorney Stuart Axelrod, who represents the plaintiff, Ramon Hernandez, has asked for a continuance. The hearing, as of Friday, was still scheduled to take place at 10:30 a.m., Jan. 12 because a judge has not yet ruled on Axelrod’s request.
Both sides are expected to be in court on Friday. At that time the judge will rule on whether or not the continuance will be granted.
The hearing, whenever it is held, will be to decide whether the case should be dismissed against Dr. Ann Abel, the only doctor identified by name in the lawsuit. The other three doctors are identified as only “A,” “B” and “C.”
Hernandez, a 26-year-old illegal immigrant, was arrested — along with his girlfriend, 22-year-old Yuribel Najera — last year in connection with the death of their daughter, two-month-old Judith Hernandez. They are both charged with homicide by child abuse.
Hernandez is accused of slamming the newborn against a wall in a fit of rage. Najera allegedly failed to get her daughter the medical attention she needed for nearly 24 hours.
Once the baby was taken to the hospital, she was transferred to MUSC where she remained on life support for 40 days before the doctors pulled the plug.
Even though he is the one who allegedly

SEE HERNANDEZ // Page 5A
caused his daughter to suffer the injuries, Hernandez is suing because he feels the hospital had no right to disconnect the life support without his permission.
According to his suit, when Judith arrived at MUSC, she “had multiple head wounds and bruising over multiple parts of her body.”
He claims the doctors “intentionally removed the life support systems” and as a result they “deprived (him) of his parental rights to make medical decisions for Judith.”
Hernandez states when the decision by the doctors was made, they were awaiting a ruling from family court to determine who would have the authority to make medical decisions for the baby. He states in the suit if DSS had been awarded that authority, DSS would need a separate “family court order to make serious medical decisions for Judith Hernandez concerning her life (or death).”
He is seeking $2 million in actual damages and $3 million in punitive damages plus attorney fees.
Dr. Abel, in her answer to the allegations, states she “had no personal involvement in any of the alleged actions” that are outlined in the lawsuit. She further states the injuries that led to he baby’s death were caused by Hernandez and not by the doctors at MUSC.
She also notes that when Judith was taken to Charleston, Hernandez “consented to the treatment rendered at MUSC.”
As a result, she is asking that the suit against her be dropped.
Axelrod, in his request for a continuance, says because of Abel’s denial of any involvement with the decision to disconnect the life support, he needs more time for discovery.
He says before he can properly proceed, he must identify and depose any of the doctors involved with treating Judith. He must also find and depose expert witnesses and he has to gather all the proper documentation related to the case.
Hernandez remains in jail. Najera has been released on bond.

Why are the courts wasting time on this? An illegal should not be allowed to sue anyone and a father who does this to his own child needs to be prevented from having any further children and the death penalty is to good for him. But I don't believe we Americans should pay for his jail. If this is not a good reason for closing the border and depoting all illegals I cannot think of any other.

I suppose as long as it's on our dime.....they could essentially keep these kids artifically alive for as long as they want so "abuse" doesn't change to "murder" changes. Hard to think his "concern" was really about the child or rights as a parent. He's the one who did this to this poor child. His decision and "rights" were already exercised. Just didn't like the responsibility of the outcome of his "freedom".

Originally Posted by crazybird

I suppose as long as it's on our dime.....they could essentially keep these kids artifically alive for as long as they want so "abuse" doesn't change to "murder" charges. Hard to think his "concern" was really about the child or rights as a parent. He's the one who did this to this poor child. His decision and "rights" were already exercised. Just didn't like the responsibility of the outcome of his "freedom".

Strange that I can't find this on myrtlebeachonline. They covered the story extensively when it happened.

Anybody need an ambulance chases. Even gives driving directions.

Axelrod Stuart M Atty
maps.google.com
604 16th Ave N
Myrtle Beach, SC 29577
(843) 916-9300

This is all to line this slime-ball attorney's pockets and to keep the scum illegal from a murder charge. Obviously this attorney is one low-life amoeba.

http://www.myrtlebeachonline.com/mld/my ... 452026.htm

Judge declines to dismiss suit against doctor

A judge in federal court denied a motion to dismiss a lawsuit against a doctor at the Medical University of South Carolina, who is accused of removing life support from an injured child.

Ann Abel, a physician at MUSC, is being sued by Georgetown resident Ramon Hernandez.

His daughter, Judith Hernandez, died as a result of child abuse, according to doctors and police investigators with the Georgetown County Sheriff's Office.

Ramon Hernandez and the child's mother, Yuribel Najera, were charged with homicide by child abuse.

Ramon Hernandez is being held without bond in the Georgetown County Jail.

Najera is on house arrest.

The lawsuit said Abel and other doctors at MUSC pulled life support without permission. The action violated the father's civil rights, according to court documents.

Judge Edward Norton has asked for more information from Abel's attorneys before making a final decision on dismissing the lawsuit.