Former Patient Sues Kurt Donsbach for Fraud

Stephen Barrett, M.D.


George Ott, who lived in Peekskill, New York, has filed suit against Hospital Santa Monica and its founder/director, Kurt Donsbach. The suit charges Donsbach with falsely claiming that his treatments would cure or abate Ott's kidney cancer. Instead, he became critically ill from a staph infection acquired at the facility. Donsbach, an unlicensed chiropractor, has a long history of civil and criminal wrongdoing. In a recent interview, Donsbach told a CNN producer that he sold the facility two years ago and merely returns weekly to provide consultations. The clinic's Web site states that he personally monitors the progress of every patient.


SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN DIEGO

GEORGE OTT

Plaintiff

vs.

KURT W. DONSBACH; HOSPITAL
SANTA MONICA, INC., a California
corporation, dba HOSPITAL SANTA
MONICA and SANTA MONICA
HEALTH INSTITUTE; HOSPITAL
SANTA MONICA SERVICES, INC., a
California corporation; and DOES 1
through 50, inclusive,

Defendants


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Case No.

 

COMPLAINT FOR DAMAGES FOR:

  1. Intentional Misrepresentation
    (Fraud)

  2. Battery


COMES NOW Plaintiff GEORGE OTT and alleges as follows:

PARTIES

1. Defendant KURT W. DONSBACH (hereinafter referred to as “DONSBACH”) is, and at all times herein mentioned, a resident of the City of Bonita, County of San Diego, State of California, and the medical director of the Hospital Santa Monica facility located in Rosarito Beach, Mexico. Defendant DONSBACH promotes himself as a doctor, educator, scientist, author, lecturer and consultant who maintains “hospitals in China and Poland”. At all times herein mentioned, Defendant DONSBACH was not licensed to practice medicine in the State of California or the Country of Mexico.

2. Defendant HOSPITAL SANTA MONICA, INC. (hereinafter referred to as “HOSPITAL SANTA MONICA”) is, and at all times herein mentioned was, a corporation existing under and by virtue of the laws of the State of California, and authorized to do business in the State of California with its principal place of business located at 1229 Third Avenue, Suite E, Chula Vista, California 91911, and doing business, among other pursuits, as a medical clinic known as Hospital Santa Monica and Santa Monica Health Institute located in Rosarita Beach, Mexico. At all times herein mentioned, Defendant HOSPITAL SANTA MONICA was not licensed as a health care provider by the State of California.

3. Defendant HOSPITAL SANTA MONICA SERVICES, INC. is, and at all times herein mentioned was, a corporation existing under and by virtue of the laws of the State of California, and authorized to do business in the State of California with its principal place of business located at 4100 Bonita Road, Bonita, California 91902, and doing business as, among other pursuits, a medical clinic known as Hospital Santa Monica and Santa Monica Health Institute located in Rosarita Beach, Mexico.

4. Plaintiff is ignorant of the true names and capacities, whether individual, corporate, associate or otherwise, of defendants sued herein as DOES 1 through 50, inclusive, and therefore sues said defendants by such fictitious names. Plaintiff is informed and believes, and upon such information and belief, alleges that each of the defendants designated herein as a DOE is legally responsible in some manner for the events and happenings referred to herein and caused the damages proximately thereby to Plaintiff as hereinafter alleged. Plaintiff will seek leave of court to amend this Complaint to show the true names and capacities of the defendants designated herein as DOES when the same have been ascertained.

5. Plaintiff is informed and believes and thereon alleges that, at various times herein mentioned, each of the defendants was the agent, servant, representative or employee of each of the remaining defendants and, in engaging in certain acts hereinafter alleged, was acting within the course and scope of said agency, service, representation, or employment and materially assisted the other defendants. Plaintiff is further informed and believes and thereon alleges that each of the defendants ratified the acts of the remaining defendants.

II

STATEMENT OF FACTS

6. On or about 2003, Plaintiff suffered renal cancer and underwent a nephrectomy. Thereafter, Plaintiff suffered from metastatic disease involving his lungs for which he received medical treatment.

7 At some point prior to August 2005, and wishing to explore other potential types of cancer treatment, Plaintiff learned of Defendants DONSBACH and HOSPITAL SANTA MONICA from Defendant DONSBACH’s website, “letstalkhealth.com”, in which he advertised treatments for cancer and various other diseases and medical conditions at Defendants’ facility in Rosarita Beach, Mexico.

8. At some point prior to August 2005, Plaintiff contacted Defendants DONSBACH and HOSPITAL SANTA MONICA and was advised that they could successfully treat his cancer at their Rosarita Beach facility.

9. On or about August 8, 2005, Plaintiff traveled to San Diego County where he was met by personnel employed by Defendants DONSBACH and HOSPITAL SANTA MONICA who drove Plaintiff to their Chula Vista administrative office to fill out paperwork. While at Defendants’ administrative offices, Plaintiff paid the sum of $12,500.00 to Defendants for the treatment which they alleged would cure and/or abate his cancer.

10. On or about August 8, 2005, Plaintiff was admitted to Defendants DONSBACH and HOSPITAL SANTA MONICA’s Rosarita Beach clinic.

11. On or about August 9, 2005, Defendants DONSBACH and HOSPITAL SANTA MONICA commenced Plaintiff’s treatment which, over the next twelve days, consisted of, among other things, intravenous Gamma interferon treatments, intravenous Gemcitabine treatmnets, hypothermia machine treatments, hyperbaric oxygen treatments, saunas, thyroid machine treatments and the ingestion of multiple prescription medications, given both intravenously and by mouth.

12. After the commencement of treatments at Defendant HOSPITAL SANTA MONICA, Plaintiff’s medical condition deteriorated and on or about August 20, 2005, he was transported from Defendant HOSPITAL SANTA MONICA’s Rosarita Beach facility by ambulance to Scripps Memorial Hospital in Chula Vista, California.

13. On or about August 20, 2005, Plaintiff was admitted to Scripps Memorial Hospital’s intensive care unit and was treated at Scripps, until his discharge on September 7, 2005, for an opportunistic staph infection and other medical problems, including but not limited to MSSA sepsis, bilateral pneumonia, left subclavian thrombophlebitis, atrial fibrillation and fibrillation, congestive heart failure and thrombocytopenia and hyponatremia, all of which was caused as a result of the treatment he received from Defendants DONSBACH and HOSPITAL SANTA MONICA.

14. Thereafter, Plaintiff underwent open heart surgery to replace his aortic valve damaged by the staph infection he sustained while at Defendant HOSPITAL SANTA MONICA.

FIRST CAUSE OF ACTION

(For Intentional Misrepresentation Against

Defendants DONSBACH and DOES 1 through 20, inclusive)

15. Plaintiff realleges and incorporates herein by reference all of the allegations set forth in paragraphs 1 through 14 as though fully set forth.

16. On or about August 8 through August 20, 2005, during Plaintiff’s treatment with Defendants DONSBACH and Does 1 through 20, inclusive, said Defendants falsely and fraudulently represented to Plaintiff that:

a. That Defendant DONSBACH was licensed by the State of California to practice medicine;

b. That the medical treatments Defendant DONSBACH advertised, promoted, recommended and authorized to be given to Plaintiff would cure and/or abate his cancer;

c. That the medical treatments Defendant DONSBACH advertised, promoted, recommended and authorized to be given to Plaintiff were safe and would not cause Plaintiff to suffer any further and/or additional medical problems.

17. The above representations made by Defendants DONSBACH and Does 1 through 10, inclusive, on August 8 through August 20, 2005 were false. The true facts were:

a. That Defendant DONSBACH was not licensed by the State of California to practice medicine;

b. That the medical treatments Defendant DONSBACH advertised, promoted, recommended and authorized to be given to Plaintiff did not cure and/or abate his cancer;

c. That the medical treatments Defendant DONSBACH advertised, promoted, recommended and authorized to be given to Plaintiff were not safe and caused Plaintiff to be afflicted with a severe opportunistic staph infection which required weeks of hospitalization in a hospital intensive care ward to resolve and resulted in major open heart surgery due to damage to Plaintiff’s aortic valve as a result of that infection.

18. When Defendants DONSBACH and Does 1 through 20, inclusive, made these representations, they knew them to be false. Defendants made such material misrepresentations with an intent to deceive Plaintiff and with the intent and reasonable expectation of inducing Plaintiff to rely upon these representations, all to Plaintiff’s detriment.

19. Plaintiff, at the time these representations were made by Defendants DONSBACH and Does 1 through 20, inclusive, and at the time Plaintiff took the actions herein alleged, was ignorant of the falsity of Defendants’ representations and believed them to be true. In justifiable reliance on these representations, Plaintiff was induced to and did have performed unlicensed, harmful and debilitating medical treatment which Plaintiff would not have agreed to had Plaintiff known the actual facts.

20. As a proximate result of the wrongful acts perpetrated by Defendants, and each of them, Plaintiff has sustained injury to his health, strength and activity, all of which injuries have caused, and continue to cause, Plaintiff great mental, physical and nervous pain and suffering. Plaintiff will seek leave of Court to amend this Complaint to set forth the full amount of damage sustained as a result thereof when ascertained.

21. As a further proximate result of the wrongful acts perpetrated by Defendants, and each of them, Plaintiff has sustained, and will continue to sustain, disabling, serious and permanent physical injuries, all to Plaintiff’s general damage in an amount presently unascertainable. Plaintiff will seek leave of Court to amend this Complaint to set forth the full amount of damage sustained as a result thereof when ascertained.

22. As a further proximate result of the wrongful acts perpetrated by Defendants, and each of them, Plaintiff has incurred medical, hospital and related expenses in a sum presently unascertainable. Plaintiff will seek leave of Court to amend this Complaint to set forth the full amount of damage sustained as a result thereof when ascertained.

23. As a further proximate result of the wrongful acts perpetrated by Defendants, and each of them, Plaintiff will in the future incur medical, hospital and related expenses, the exact nature and extent of which are currently unknown to Plaintiff. Plaintiff will seek leave of Court to amend this Complaint to set forth the full amount of damage sustained as a result thereof when ascertained.

24. As a further and proximate result of the negligence of said Defendants, and each of them, Plaintiff has sustained, and will in the future sustain, loss of earnings and loss of earning capacity, the exact amounts of which are presently unknown to Plaintiff. Plaintiff will seek leave of Court to amend this Complaint to set forth the full extent of her loss of earnings and loss of earning capacity when same are ascertained.

25. The aforementioned acts of Defendants, and each of them, were wilful, wanton, malicious and oppressive, thereby justifying the award of exemplary and punitive damages as against Defendants, and each of them.

SECOND CAUSE OF ACTION

(For Intentional Misrepresentation Against Defendants

HOSPITAL SANTA MONICA, INC., HOSPITAL SANTA

MONICA SERVICES, INC. and DOES 21 through 30, inclusive)

26. Plaintiff realleges and incorporates herein by reference all of the allegations set forth in paragraphs 1 through 14 as though fully set forth.

27. On or about August 8 through August 20, 2005, during Plaintiff’s treatment with Defendants HOSPITAL SANTA MONICA and Does 21 through 30, inclusive, said Defendants falsely and fraudulently represented to Plaintiff that:

a. That Defendant HOSPITAL SANTA MONICA was licensed by the State of California as a health care provider:

b. That the medical treatments Defendant HOSPITAL SANTA MONICA advertised, promoted, recommended and provided to Plaintiff would cure and/or abate his cancer;

c. That the medical treatments Defendant HOSPITAL SANTA MONICA advertised, promoted, recommended and provided to Plaintiff were safe and would not cause Plaintiff to suffer any further and/or additional medical problems.

28. The above representations made by Defendants HOSPITAL SANTA MONICA and Does 11 through 20, inclusive, on August 8 through August 20, 2005 were false. The true facts were:

a. That Defendant HOSPITAL SANTA MONICA was not licensed by the State of California as a health care provider;

b. That the medical treatments Defendant HOSPITAL SANTA MONICA advertised, promoted, recommended and provided to Plaintiff did not cure and/or abate his cancer;

c. That the medical treatments Defendant HOSPITAL SANTA MONICA advertised, promoted, recommended and provided to Plaintiff were not safe and caused Plaintiff to be afflicted with a severe opportunistic staph infection which required weeks of hospitalization in a hospital intensive care ward to resolve and resulted in major open heart surgery due to damage to Plaintiff’s aortic valve as a result of the infection.

29. When Defendants HOSPITAL SANTA MONICA and Does 21 through 30, inclusive, made these representations, they knew them to be false. Defendants made such material misrepresentations with an intent to deceive Plaintiff and with the intent and reasonable expectation of inducing Plaintiff to rely upon these representations, all to Plaintiff’s detriment.

30. Plaintiff, at the time these representations were made by Defendants HOSPITAL SANTA MONICA and Does 21 through 30, inclusive, and at the time Plaintiff took the actions herein alleged, was ignorant of the falsity of Defendants’ representations and believed them to be true. In justifiable reliance on these representations, Plaintiff was induced to and did have performed unlicensed, harmful and debilitating alternative medical treatment which Plaintiff would not have agreed to had Plaintiff known the actual facts.

31. As a proximate result of the wrongful acts perpetrated by Defendants, and each of them, Plaintiff has sustained injury to his health, strength and activity, all of which injuries have caused, and continue to cause, Plaintiff great mental, physical and nervous pain and suffering. Plaintiff will seek leave of Court to amend this Complaint to set forth the full amount of damage sustained as a result thereof when ascertained.

32. As a further proximate result of the wrongful acts perpetrated by Defendants, and each of them, Plaintiff has sustained, and will continue to sustain, disabling, serious and permanent physical injuries, all to Plaintiff’s general damage in an amount presently unascertainable. Plaintiff will seek leave of Court to amend this Complaint to set forth the full amount of damage sustained as a result thereof when ascertained.

33. As a further proximate result of the wrongful acts perpetrated by Defendants, and each of them, Plaintiff has incurred medical, hospital and related expenses in a sum presently unascertainable. Plaintiff will seek leave of Court to amend this Complaint to set forth the full amount of damage sustained as a result thereof when ascertained.

34. As a further proximate result of the wrongful acts perpetrated by Defendants, and each of them, Plaintiff will in the future incur medical, hospital and related expenses, the exact nature and extent of which are currently unknown to Plaintiff. Plaintiff will seek leave of Court to amend this Complaint to set forth the full amount of damage sustained as a result thereof when ascertained.

35. As a further and proximate result of the negligence of said Defendants, and each of them, Plaintiff has sustained, and will in the future sustain, loss of earnings and loss of earning capacity, the exact amounts of which are presently unknown to Plaintiff. Plaintiff will seek leave of Court to amend this Complaint to set forth the full extent of her loss of earnings and loss of earning capacity when same are ascertained.

36. The aforementioned acts of Defendants, and each of them, were willful, wanton, malicious and oppressive, thereby justifying the award of exemplary and punitive damages as against Defendants, and each of them.

THIRD CAUSE OF ACTION

(For Battery Against Defendants, and each of them)

37. Plaintiff realleges and incorporates herein by reference all of the allegations set forth in paragraphs 1 through 14 as though fully set forth.

38. Plaintiff retained Defendants, and each of them, to provide him with medical treatment as advertised and promoted by Defendants to cure and/or abate Plaintiff’s cancer.

39. The medical therapies which Defendants performed on and provided to Plaintiff, including but not limited to intravenous Gamma interferon therapy, was offensive and beyond the scope of Defendants’ knowledge, skill and experience and constituted medical treatment for which Defendants, and each of them, were not licensed to provide to Plaintiff.

40. As a proximate result of the wrongful conduct of Defendants, and each of them, Plaintiff has sustained injury to his health, strength and activity, all of which injuries have caused, and continue to cause, Plaintiff great mental, physical and nervous pain and suffering. Plaintiff will seek leave of Court to amend this Complaint to set forth the full amount of damage sustained as a result thereof when ascertained.

41. As a further proximate result of the wrongful conduct of Defendants, and each of them, Plaintiff has sustained, and will continue to sustain, disabling, serious and permanent physical injuries, all to Plaintiff’s general damage in an amount presently unascertainable. Plaintiff will seek leave of Court to amend this Complaint to set forth the full amount of damage when ascertained.

42. As a further proximate result of the wrongful conduct of Defendants, and each of them, Plaintiff has incurred medical, hospital and related expenses in a sum presently unascertainable. Plaintiff will seek leave of Court to amend this Complaint to set forth the full amount of damage when ascertained.

43. As a further proximate result of the wrongful conduct of Defendants, and each of them, Plaintiff will in the future incur medical, hospital and related expenses, the exact nature and extent of which are currently unknown to Plaintiff. Plaintiff will seek leave of Court to amend this Complaint to set forth the full amount of damage when ascertained.

44. As a further and proximate result of the negligence of said Defendants, and each of them, Plaintiff has sustained, and will in the future sustain, loss of earnings and loss of earning capacity, the exact amounts of which are presently unknown to Plaintiff. Plaintiff will seek leave of Court to amend this Complaint to set forth the full extent of her loss of earnings and loss of earning capacity when same are ascertained.

45. The aforementioned acts of Defendants, and each of them, were willful, wanton, malicious and oppressive, thereby justifying the award of exemplary and punitive damages as against Defendants, and each of them.

WHEREFORE, Plaintiff GEORGE OTT prays for judgment against Defendants, and each of them, as follows:

FOR ALL CAUSES OF ACTION:

  1. For general damages according to proof;
  2. For medical and related expenses according to proof;
  3. For future medical and related expenses according to proof;
  4. For loss of earnings and future loss of earnings according to proof;
  5. For exemplary and punitive damages according to proof;
  6. For interest thereon at the legal rate;
  7. For costs of suit incurred herein; and
  8. For such other and further relief as the Court deems just and proper.

Dated: February 6, 2006

LAW OFFICES OF DAVID J. WILZIG

DAVID J. WILZIG
Attorney for Plaintiff

By:_____________________________


LAW OFFICES OF DAVID J. WILZIG
1801 Century Park East, Suite 2200
Los Angeles, California 90067
Tel. (310) 286-1188

This page was posted on February 7, 2006.

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