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SAN DIEGO (CNS) - The family of a 19-year-old San Diego State University student who died after falling from his bunk bed and striking his head following a night of drinking has filed a wrongful death lawsuit against several defendants, including the university, the fraternity he was pledging for, and the manufacturer of the bed he fell from.The lawsuit filed last week in San Diego Superior Court alleges Dylan Hernandez was hazed by members of Phi Gamma Delta just prior to his death, and that fraternity members not only failed to obtain medical attention for him after he became extremely intoxicated, but also attempted to hide evidence of misconduct following his fatal fall.Hernandez fell from his bed on Nov. 7, 2019, and died in a hospital the following day.RELATED: Investigation completed into death of SDSU student who died after fall from bedThe lawsuit alleges he attended a "Big Brother, Little Brother" fraternity event that had pledges "screamed at and demeaned, beaten with paddles and hands, and forced to consume shots of vodka and rum to the point of intoxication."Following his hospitalization, the lawsuit alleges Phi Gamma Delta members instructed others to remove incriminating material from their cell phones and in group chats, members were told to "Keep your mouths shut!" and "Just remember, Silence is Golden!"Representatives with Phi Gamma Delta did not respond to a request for comment.RELATED: Autopsy report of SDSU student who died after fall from bed releasedIts national office permanently suspended its SDSU chapter in August and SDSU expelled the fraternity until 2030.In July, it was announced that no criminal charges would be pursued in connection with Hernandez's death, which was ruled accidental. A joint statement released by the university's police department and the San Diego County District Attorney's Office stated there was "no basis" for manslaughter or hazing charges.Investigators said there were no injuries on Hernandez's body "that appeared consistent with hazing, and no evidence of student group activities likely to cause serious bodily injury or death, which is statutorily required to prove hazing." Other than Hernandez's "devastating head injuries," the only other wound to his body was an abrasion on his thigh, officials said.RELATED: San Diego State suspends 14 fraternities after student is hospitalizedOne month after that statement was released, Rob Caudill, the fraternity's executive director, sent SDSU a letter announcing the chapter's closure, stating the SDSU chapter had been found guilty of violating fraternity bylaws, including hazing, drug use and violations related to alcohol misuse.SDSU representatives said the university could not comment as it had not yet seen the lawsuit, but pointed to steps the university has taken to combat hazing activities on campus in the wake of Hernandez's death. These include the formations of two task forces examining student activities and alcohol/substance abuse. Task force recommendations led to the implementation of a Good Samaritan Policy, in which student organizations are encouraged to report concerns about student health and safety, and a Hazing Prevention Task Force that held its first meeting this fall.Hernandez's family alleges SDSU was aware of prior hazing issues involving Phi Gamma Delta and failed to properly discipline the fraternity for such activities. The family alleges SDSU was aware of prior instances when Phi Gamma Delta pledges were hazed or hospitalized for excessive drinking.The family also alleges the school created an unsafe environment in the Tenochca Residence Hall where Hernandez suffered the fatal fall by furnishing its rooms with bunk beds that didn't meet minimum safety standards.In suing SDSU and the bunk bed manufacturer, Foliot Furniture Pacific, the family alleges the beds featured "safety rails" that were defective, and contributed to 550,000 deaths nationwide over a 16-year period and 10 injuries at SDSU between 2017 and 2019. 4015
SAN DIEGO (CNS) - San Diego County public health officials have reported 381 new COVID-19 cases and three new fatalities, raising the region's total to 56,750 cases and 891 deaths.Of the 12,879 tests reported Saturday, 3% returned positive with 239 people hospitalized. No new community outbreaks were reported.A community outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.The county avoided the state's purple tier, the most restrictive, for yet another week on Tuesday, remaining in the less restrictive "red" tier of the state's four- tiered coronavirus monitoring system.The county's adjusted case rate dropped to 6.5 new daily COVID-19 cases per 100,000 population.According to the California Department of Public Health, the county's unadjusted case rate is 7.4 per 100,000 -- enough to be in the purple tier, which has a floor of 7 per 100,000. However, the high volume of tests the county is able to perform daily allows for an adjustment from the state. This adjustment has kept the county in the red tier for several weeks, saving it from having to shut down nearly all nonessential indoor businesses.The state data, updated every Tuesday, reflects the previous week's case data to determine where counties stand in the state's four-tiered reopening system.San Diego County did show modest improvement, dropping 0.4 from last week's unadjusted case rate of 7.8. The testing positivity rate continued an upward trend, rising 0.2% from last week to reach 3.5%, but remains low enough for this metric to remain in the orange tier. If a county reports statistics meeting metrics in a higher tier for two consecutive weeks, it will move into that more restrictive tier for a minimum of three weeks.The state's health equity metric, which looks at the testing positivity for areas with the lowest healthy conditions, dropped from 5.5% to 5.1% and entered the orange tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.All students at San Diego State University remain under a stay-at-home advisory. The advisory began at 6 p.m. Friday and will run through Monday at 6 a.m. University officials said the move was made to discourage students from participating in Halloween events in which physical distancing cannot be done. Students are advised to stay home unless they have an essential need.The Escondido Union School District reported two positive cases Thursday at Mission Middle School.District officials were notified of the positive tests on Tuesday, and said the cases were separate.The new cases prompted district officials to advise 25 students, five teachers and three classroom aides to begin a 14-day quarantine.The Vista Unified School District reported four COVID-19 cases Monday, including two Mission Vista High School students, one Roosevelt Middle School student and one Alamosa Park Elementary School student.On Tuesday, the district confirmed two additional cases -- one at Mission Meadows Elementary School and one at Alamosa Park Elementary School.According to the district's COVID-19 safety dashboard, it has recorded 13 cases since Sept. 8, with nine of those coming after Oct. 20.The VUSD Board voted Tuesday to shut down at least one campus for two weeks starting Thursday as a result of the rising cases. At least 400 students and nearly two dozen staff members have been ordered to quarantine.Mission Vista High School moved to distance learning for at least two weeks starting Thursday, while Alta Vista High School and Roosevelt Middle School also face potential closures. 3642

SAN DIEGO (CNS) - The county Board of Supervisors Tuesday unanimously approved a moratorium on evictions for both residents and small businesses located in the unincorporated area in the wake of the coronavirus outbreak.The policy, which was put forward in a resolution sponsored by Supervisors Nathan Fletcher and Kristin Gaspar, will give authority to the county's chief administrative officer to work with financial institutions to halt foreclosures and foreclosure-related evictions; and allow the county Housing Authority to extend the deadline for recipients, including those who receive Section 8 support.Fletcher said the proposal will provide relief for four months, up to May 31. The protections are provided retroactively to March 4, when Gov. Gavin Newsom proclaimed a state of emergency over the pandemic.Fletcher said the resolution "is a prudent step to protect folks in a period of economic distress."The supervisors voted remotely, abiding by the social distancing guidelines established by health officials to prevent further spread of the virus. County staff members, including Chief Executive Officer Helen-Robbins- Meyer, were in board chambers but kept their distance from one another.The county resolution does include one change, in terms of the amount of time renters have to inform their landlord about their economic situation, from 15 days to one week.Gaspar said that change will align the county with the city of San Diego's policy. She said that as a land owner and tenant, she's "sensitive to all sides of this proposal.""I believe we need to give the most vulnerable the tools they need," she added.Supervisor Dianne Jacob said while she fully supported the resolution, it was also important to protect landlords, and that she wanted to hear from rental property owners in her district. However well-intended, there can be unintended consequences from such a proposal to help renters, Jacob said.Before approving the resolution, supervisors heard from residents, most of whom were in favor.Real estate and property owner representatives said while they support relief for people in financial distress, it was also important to work with renters who could afford to pay. Mitch Thompson, of the Pacific Southwest Association of Realtors, said the resolution could impact between .5 billion and billion in rental income, and affect people like him and his wife. Thompson said they are retired, and rely on property income.He added that he didn't know if the county had "sat down with any property owners" before crafting the proposal. "I don't want to see anyone out on the street, either," Thompson said, adding the county should work to improve the resolution.Residents who offered input participated via an online meeting program or sent email comments. 2799
SAN DIEGO (CNS) - Rite Aid is expanding its COVID-19 testing capacity with 161 new drive-thru testing locations opening Thursday, including five in San Diego County.Testing will be available by appointment for people 18 years of age or older, regardless of whether the person is experiencing symptoms, according to Rite Aid. Results are expected in three to five days, a company spokesperson said.County locations providing testing starting Thursday are:-- 1665 Alpine Boulevard in Alpine-- 1331 South Mission Road in Fallbrook-- 7224 Broadway in Lemon Grove-- 1201 South Coast Highway in Oceanside-- 28535 Cole Grade Road in Valley CenterThe sites will utilize self-swab nasal tests overseen by Rite Aid pharmacists, and will operate Monday through Friday, 10 a.m. to 8 p.m., and Saturday and Sunday, 10 a.m. to 5 p.m.Patients must provide government-issued ID, be at least 18 and pre-register online at https://www.riteaid.com/pharmacy/services/covid-19-testing to schedule an appointment. 999
SAN DIEGO (CNS) - The San Diego County Prescription Drug Task Force and a group of local political and law enforcement leaders released the task force's annual report card Friday, showing increases in deaths due to prescription drugs and the synthetic opioid fentanyl.The county report found that 273 San Diego residents died due to prescription drug overdoses, an 8 percent increase over the 253 deaths in 2016, and fentanyl deaths spiked 155 percent from 33 in 2016 to 84 in 2017. Heroin deaths dropped by five percent, from 91 in 2016 to 86 in 2017."Prescription drug abuse is an equal opportunity killer and can affect anyone, crossing socioeconomic status, ethnicity, gender and age," said County Supervisor Kristin Gaspar, who joined the task force at the release. "The fact is, unintentional drug-related deaths continue to rise."RELATED: New drug treatment to combat inmates' addictions stirs controversyThe death tolls due to prescription drugs and fentanyl were record highs in San Diego County. According to the Centers for Disease Control and Prevention, fentanyl is roughly 50 to 100 times more potent than morphine and 50 times more potent than heroin."We have seen a steady increase in fatal overdose cases over the years where fentanyl has been added to opiates," County Chief Medical Examiner Dr. Glenn Wagner said.Gaspar and the task force detailed the county's plan to use a community-driven approach to reduce prescription drug and opioid dependence. The county plans to partner with the San Diego County Sheriff's Department, District Attorney Summer Stephan, the Safe Homes Coalition and the San Diego Association of Realtors to fight drug abuse issues. Residents can also call the county's access and crisis hotline at (888) 724-7240.RELATED: Trump signs sweeping opioid legislation into lawThe report came on the eve of the county's participation in National Prescription Drug Take Back Day on Oct. 27. The county will offer prescription drug disposal services at 44 sites. The U.S. Drug Enforcement Admnistration, local law enforcement officers and local organizations will assist the county in collecting unused, expired and unwanted pills from county residents."Prescription drug abuse is a critical issue that impacts more than 6 million American families and children," the San Diego Association of Realtors said in a statement. "With more than 20,000 members throughout the County of San Diego, SDAR is well-positioned serve as regional leader for National Prescription Drug Take Back Day." 2528
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