Family of man who died untreated in ER sues Kaweah Health

After a finding by state authorities that a series of failures and neglect led to the untimely death of a patient in the Kaweah Health Medical Center emergency department, the family of the dead man is seeking damages from the Kaweah Delta Health Care District in Tulare County Superior Court.

In legal filings, the district has denied the families’ claims. A jury trial in the matter is set for 8:30 a.m. on Friday, February 6, 2026. Ten days have been set aside for the trial before Judge David C. Mathias in Department 1.

Kaweah Health representatives declined to comment for this story, citing ongoing litigation.

Nurses Allowed Patient to Expire in a Hallway

The suit claims inaction on the part of emergency department (ED) personnel led to the October 1, 2023 death of Erick Burger Sr. Burger had arrived via ambulance with severe symptoms of a heart attack after calling 911 to report a malfunctioning pacemaker. But according to a state investigation, the two nurses who should have taken immediate charge of the patient when he arrived at the Kaweah Health ED instead ignored the man as he gasped for breath in their presence.

Burger died within minutes of his arrival. Kaweah Health medical personnel were unable to revive him.

The ambulance crews’ report stated the nurse in the ED who took the patient’s information questioned their request for an immediate top-level response. Upon arrival, she insisted the crew register the patient, who was left in an ED hallway. Burger experienced a seizure and his heart stopped.

The suit against Kaweah echoes the findings of the subsequent investigation by the California Department of Public Health (CDPH). Lawyers for Burger’s surviving family said the defendants “carelessly and negligently and untimely instructed, evaluated, examined, diagnosed, prescribed for, cared for and treated” Burger in their filing.

The ambulance transporting Burger to the Kaweah ED was not met by a team to evaluate him, despite the paramedics’ request for one. Burger’s implanted arterial fibrillation device (AFD) had activated while the patient was on his way to Kaweah, but that was ignored by ED staff. Further, the failure to admit Burger as a patient before his arrival, as is usual in critical cases, caused greater delay that led to “a catastrophic cardiac arrest.”

Family Claims Wrongful Death, Seeks Compensation for Relative’s Suffering

The CDPH’s investigation of the 60-year-old patient’s death found that two ranking ED nurses — identified in corroborating records as Shelby and Jessica — failed to act quickly to assess and treat Burger.

Records state that dire radio reports from the paramedics who transported Burger by ambulance were dismissed, and no triage team met the incoming ambulance. Once Burger arrived, the two nurses remained seated at their station while Burger continued to show obvious signs of distress. He had been left on a gurney in a hallway in view of the two nurses.

“The facility (Kaweah Health ED) failed to ensure … Patient 1 was triaged upon arrival to the emergency department,” the CDPH’s official findings on the matter, which were released on November 14, 2023, state. “This failure resulted in the delay of a medical screen exam for Patient 1, who suffered a cardiac arrest.”

The critical findings were released the month after Burger’s death and appear to clearly indicate culpability by Kaweah Health. Yet, the hospital’s risk management department dismissed a March 4, 2024 claim for compensation by Burger’s family. The family was also informed by Kaweah they had only six months to file a lawsuit – so they did on August 8, 2024.

The survivors of Erick Burger Sr. – his adult children, Erick Burger Jr., Aaron Burger and Nicole Garcia, and William Martin, Burger Sr.’s minor son, and his court-appointed guardian ad litem Ashley Martin – hired San Francisco-based attorneys Jeff Mitchell and Nathaniel Leeds to sue Kaweah Health Care District and 25 unnamed others on their behalf. Their suit claims Kaweah is directly responsible for the death of Burger Sr. It seeks “survivor action,” monetary damages to be paid to the survivors to compensate for the pain and suffering Burger Sr. suffered at Kaweah.

After a week’s delay, Kaweah provided a terse statement in response to multiple requests for comment on the death of Burger Sr. and the pending lawsuit: “Thank you for reaching out. I wanted to follow up to let you know we do not comment on open litigation.”

Lawsuit Alleges More than Medical Malpractice

The suit against Kaweah alleges medical malpractice by the staff in the ED. Plaintiffs’ suit claims Kaweah’s ED staff was negligent in its treatment of Burger Sr., falling below the legal standards set by the state for providing patient care.

However, the CDPH also found violations of state administrative statutes. Kaweah Health violated Nursing Service Policies and Procedures by failing to maintain a requirement that “written policies and procedures for patient care shall be developed, maintained and implemented by the nursing service” through the staff’s failure to triage Burger upon his arrival.

In other words, this was also a failure by Kaweah’s administration. Inadequate oversight of its staff caused Kaweah’s patient care requirements to go unmet, state regulators found. This resulted in the plaintiffs alleging that executives in charge of hiring the medical staff at Kaweah Health Medical Center were “negligent in the selection and hiring” of employees.

The lawsuit targets not only the staff that failed to treat Burger Sr. condition quickly; it also attempts to place direct responsibility for his death on those who hired and failed to oversee their behavior adequately.

The suit seeks general compensation for Burger Sr.’s survivors for general and special damages, attorneys’ fees and “other relief as the court deems just and proper.”

Whistleblower Tipped Off Family When Kaweah Health Said Nothing

The suit against Kaweah Health likely would not have happened if not for whistleblower Kevin Barnes, a former unit secretary in the Kaweah Health Medical Center’s ED. While processing reports about Burger Sr.’s death, Barnes discovered neither his employer or the CDPH had informed the man’s survivors of the events surrounding the death.

After repeated urging from his fellow ED employees, Barnes presented Burger Sr.’s surviving children with the facts. He said he felt both morally and ethically obligated to break his oath of confidentiality. He believed Kaweah Health would not inform the survivors of the failures that led to the patient’s death while in their care.

“I knew I needed to say something,” Barnes said. “Someone died.”

It was only after making that decision he discovered he knew members of the family. Barnes said they were shocked at the news, but pleased to learn the truth. But in the fallout, Barnes was fired by Kaweah Health for an alleged violation of patient confidentiality law.

When his attempt to seek his own legal remedy stalled indefinitely, Barnes took his story to social media in mid-March. He did so with the family’s approval.

So far, he says, there’s been no negative fallout as a result of his post and the article that described his ongoing ordeal. In fact, taking the story public bolstered Barnes’ desire to be cleared of Kaweah Health’s charges of unethical behavior in the workplace.

“I’ve actually gotten a lot of positive feedback,” he said.

Despite this, Barnes has no desire to return to work for Kaweah Health.

“I wouldn’t want to go back there,” he said. “Not the way it is.”

He would still like to find a legal solution for the strike on his employment record. But it is proving to be a difficult battle just to find an attorney to take the case. His previous lawyer ended his representation of Barnes because, Barnes believes, a wrongful dismissal case would have returned a low fee and taken too long to play out in the courts. This has left Barnes feeling overwhelmed by the prospect of continuing to fight.

“I’m exhausted just thinking about it,” he said.