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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

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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.