Family of swine flu victim to file wrongful death lawsuit

The family of Yuba-Sutter's first swine flu victim plans to file a wrongful death lawsuit today, claiming medical malpractice by several area hospitals, clinics and doctors.

Linda resident Johnny Duerksen, 32, died Oct. 29 at Fremont Medical Center after testing positive almost a month earlier for H1N1. His first symptoms showed up Sept. 21 and he was admitted to the hospital five days later, according to his wife, Kelie Duerksen.

On Oct. 1, he was put on life support heavily sedated. He never recovered.

The lawsuit expected to be filed today in Sutter County Superior Court claims medical malpractice resulting in Duerksen's wrongful death. The suit names as defendants Lindhurst Family Health Care, Del Norte Clinics, Rideout Memorial Hospital, Fremont Medical Center and Drs. Karen De Aquino, Hari Goyal, Robert Plass and James Turner.

"It's my belief that they failed to properly diagnose and treat H1N1, which caused his death," said San Francisco attorney Jeff Mitchell.

Fremont-Rideout officials had no comment. A spokeswoman said the hospital does not discuss pending litigation.

When Duerksen first felt sick, he went to the emergency room and was sent home, even though a doctor noted the man's pastor tested positive for swine flu, Mitchell said. He said when Duerksen returned days later, still sick, he was not tested for several days and then days lapsed before he was told he'd tested positive.

"Had he gotten aggressive intravenous treatment for H1N1 early on, he'd be alive today," Mitchell said.

The attorney said he is speaking with medical experts and still investigating circumstances surrounding Duerksen's death.

The amount of damages being sought has not yet been specified.

A painter by trade, Duerksen's true passion was outreach, his wife said. As a former gang member and drug addict who turned to Christianity 10 years ago, he wanted to help other people, she said.

Until he came down with swine flu, he had always been healthy, his wife said. But when he became sick, he exhibited every H1N1 symptom, including loss of appetite, severe thirst and headache, coughing, chest pains, fever and chills.

He was diagnosed with a severe upper respiratory infection and then pneumonia a few days later, Kelie Duerksen said. Her husband was released to go home, but when he could not breathe the next day and his fever reached 105 degrees, he returned to the hospital.

He was put on life support and the doctors soon told Kelie Duerksen her husband had tested positive for H1N1. He was put into isolation and his family was treated with Tamiflu and Amoxicillin as precautions.

Kelie Duerksen said that in addition to not promptly testing and treating her husband for H1N1, he also got a blood infection while in the hospital and one of his lungs was punctured.

"I look back and I see everything they said to me and everything that was done and the mistakes that were made," she said. "And I will never get it."

CONTACT Ashley Gebb at 749-4724 or agebb@appealdemocrat.com.