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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) - Police searched Thursday for a hit-and-run driver who ran a red light at a Mission Valley intersection and slammed into another car, seriously injuring it's 60-year-old driver.The crash was reported shortly before 5:30 p.m. Wednesday at the intersection of Friars and Frazee roads, San Diego police Officer Robert Heims said.A 60-year-old woman was driving a 2007 Lexus sedan southbound on Frazee Road when a man driving a blue Ford pickup truck westbound on Friars Road ran a red light at Frazee and crashed into the driver's side of the Lexus, Heims said.The pickup driver kept driving, then pulled over a short distance away before he got out and ran away, the officer said. No detailed description of the driver was immediately available.The victim was taken to a hospital for treatment of multiple fractures, which were not believed to be life-threatening, Heims said.Anyone with information about the crash is asked to call SDPD's traffic division at 858-495-7800 or Crime Stoppers at 888-580-8477. 1030

SAN DIEGO (CNS) - San Diego County public health officials Sunday reported 3,493 COVID-19 infections as of Saturday and no new deaths, bringing the county's total to 126,465 cases and the death toll remaining at 1,280.Prior to Sunday's report, a record 3,611 COVID-19 infections were reported Friday. The cases surpassed the previous record set one week ago -- 2,867 last Friday -- by 744 new cases.Saturday's total marks the second time the number of daily infections has surpassed 3,000 as well as the 19th consecutive day with more than 1,000 cases and the 12th day overall with more than 2,000 new cases.The top four-highest daily cases have all occurred in the past week, with Wednesday's 2,807 cases, Thursday's 2,604, Friday's 3,611, and Saturday's 3,493.The county on Sunday reported 1,264 hospitalizations of COVID-19 patients and an additional 320 COVID-19 patients in ICUs.There were seven new outbreaks reported, which brings the total number of outbreaks within the last seven days to 40.On Friday, an appeals court stayed a judge's decision to halt enforcement of COVID-19 restrictions against San Diego County restaurants, meaning eateries must again abide by the state's regional stay-at-home order, at least for now.Lawyers for the state filed the emergency challenge to San Diego Superior Court Judge Joel R. Wohlfeil's preliminary injunction, which was issued Wednesday in a lawsuit filed by two San Diego strip clubs Wohlfeil ultimately ruled could remain open.Wohlfeil's ruling also encompassed all restaurants in the county and all businesses that provide "restaurant service."Three justices from the Fourth District Court of Appeals, District One, read and considered the order and stayed the injunction "pending further order of this court." The court ordered any oppositions to the state's filing to be submitted by noon Wednesday, according to an appeals court docket.Lawyers from the state argued that Wohlfeil overreached in his ruling, as no restaurants were parties in the suit initially filed in October by Cheetahs Gentleman's Club and Pacers Showgirls International.County supervisors met in closed session Friday to appeal the ruling made by Wohlfeil Wednesday."The board voted to appeal the order," said County Supervisor Greg Cox. "But the board directed county counsel to only argue that the order is incorrect as it relates to the continued operation of strip clubs and the allowance of indoor dining.""We support outdoor dining with appropriate safety protocols that have been previously established. We remind everyone that the virus is still out there," Cox said.Supervisor Nathan Fletcher concurred."I vehemently disagree with the recent judicial decision allowing strip clubs and all restaurant activities to resume, and I support appealing the entirety of the recent court ruling," he said. "It is a positive step that our board voted unanimously to join the state in the appeal as it relates to strip clubs and indoor dining."In the San Joaquin Valley, ICU beds are said to also be full. In Greater Sacramento, the estimate is 14.5% of ICU beds available; in the Bay Area, it's 12.8%.Only Northern California remains outside the Gov. Gavin Newsom-directed stay-at-home order with 21% of ICU beds available. That order applies to regions with fewer than 15% ICU beds remaining.The U.S. Food and Drug Administration has now approved a vaccine developed by Moderna to join the 28,275 Pfizer vaccines already in the region available for civilian acute health care workers.San Diego County is home to 82,623 health care workers toiling in hospital or psychiatric facilities, 39,755 of whom are considered "highest risk" and will first receive vaccines.The 28,000-plus vaccines will cover about 72% of those slated to be inoculated until more vaccines arrive in California. 3820

SAN DIEGO (CNS) - Supervisors Nathan Fletcher and Greg Cox announced Friday that the Federal Emergency Management Agency reimbursed the county more than million for providing medical attention to immigrants and asylum seekers who temporarily stayed at a shelter near downtown San Diego earlier this year.FEMA sent a check for ,022,686.12 to San Diego County to cover costs that its Health and Human Services Agency incurred in the first half of the year. According to Fletcher and Cox, the funds were primarily meant for county staff and contracted organizations that dealt with a flu outbreak at the shelter in addition to offering resources to thousands of migrants."We're glad the federal government stepped up to cover costs for a problem it created," Cox said. "Let's not forget we opened an unused county building for a shelter because immigration authorities were releasing asylum- seeking families on our streets without providing them any resources. We wanted to avoid a public health and safety crisis on our streets, and we have."RELATED:Six people arrested during CBP protest over flu services for detaineesReport: Whistleblower says ICE denied health care to migrantsThe Board of Supervisors voted to lease a former courthouse building to the San Diego Rapid Response Network -- a coalition of service and faith organizations that offer humanitarian aid to migrants -- for in January to operate the shelter as a resource hub for migrants who recently crossed the U.S- Mexico border. SDRRN member organization Jewish Family Services opened the shelter in March.A massive influx of migrants and asylum seekers descended upon on the southern border in the first half of the year, particularly in May and June when federal immigration officials used the shelter as an overflow facility for migrants apprehended in Texas' Rio Grande Valley.U.S. Customs and Border Protection began flying migrants and asylum seekers to San Diego for processing due to overcrowding at the agency's Rio Grande Valley detention facilities. Once processed, those migrants and asylum seekers were often dropped off at the shelter by the dozens.RELATED:San Diego County migrant shelter stepping up protocol amid flu outbreakMore migrants diagnosed with the flu at San Diego County shelter, one hospitalizedShortly thereafter, county health officials identified an outbreak of "influenza-like illness" among those at the shelter. More than 1,000 migrants were screened for flu over the ensuing weeks and roughly 250 flu cases were confirmed during that time.County and nonprofit health providers have offered medical services to more than 20,000 families and children at the shelter, to date. According to Fletcher's office, HHSA officials are considering filing a claim for a second reimbursement from FEMA to cover additional outstanding costs."The county of San Diego, together with our partners from local nonprofits and (the) state, stepped up to address the border crisis," Fletcher said. "Having care and compassion for human life is our number one priority as government, and this reimbursement shows, if you do the right thing, you will be rewarded." 3159

SAN DIEGO (CNS) - San Diego County health officials have reported 2,867 new COVID-19 infections, a new record, eclipsing the previous one of 2,287 last Friday by nearly 800 cases, marking more than 100,000 total cases in the county since the pandemic began.Friday marked the third consecutive day more than 2,000 new cases were reported, with 2,050 reported Thursday and 2,104 Wednesday. It is also the 11th day with more than 1,000 new cases and the 19th of the last 22 to reach that mark. It is just the fifth time the daily cases have crossed 2,000 -- all of which have come in the past week.The data released Friday, along with 23 deaths, raises the region's cumulative totals to 102,466 confirmed infections and 1,137 deaths.Of 25,002 tests reported Friday, 11 percent returned positive, raising the 14-day average of new cases to 8% -- a record.The number of hospitalizations continued to rise, with 38 people hospitalized and four patients put in intensive care units. The COVID-19- related hospitalizations increased to 965 -- 249 in ICUs. Since the pandemic began, 5,064 or 4.9% of cases have been hospitalized due to coronavirus, 1,098, or 1.1% have been sent to the ICU.The county's hospitals still have 18% of their ICU beds available, down from 21% Thursday. The state now estimates the ICU bed availability in the 11-county Southern California region at 6.2%, down from 7.7% on Thursday.Of the 4,627 people hospitalized in the county, 20% are due to COVID- 19, and 44% of ICU patients. This compares to 7.7% and 20%, respectively, one month ago.The county has seen a 199% increase in COVID-19 related hospitalizations in the past 30 days and a 148% increase in ICU patients in the same time frame. The previous peak in hospitalizations, in mid-July, topped out around 400 patients.Ten new community outbreaks were reported Friday. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days. 1998