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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 confirmed 279 new COVID-19 cases and one additional death Sunday, increasing the region's totals to 46,610 cases and 776 fatalities.The one death was a woman in her late 70s who had an underlying medical condition.One new community outbreak in a business was confirmed as of Saturday. From Sept. 20 to Sept. 26, 18 community outbreaks were confirmed. The number of community outbreaks remains above the trigger of seven or more in seven days.The county reported 8,550 tests as of Saturday and the percentage of new laboratory-confirmed cases was 3%.The 14-day rolling average percentage of positive cases is 3.3%. The target is less than 8%. The seven-day daily average of tests was 8,483.San Diego State University reported 25 new cases of COVID-19 on Sunday, bringing the total number of cases to 1,072 since Aug. 24, the first day of instruction for the fall semester.The new totals reported by Student Health Services reflect numbers as of 6 p.m. Saturday.Of the students living on campus, 385 have tested positive and students living off campus totaled 666 positive cases, health services said. A total of eight faculty or staff members have tested positive and 13 "visitors," people who have had exposure with an SDSU-affiliated individual, have tested positive.The number of confirmed cases was 1,030, with 42 probable cases.The information is based on cases reported to Student Health Services by an individual or by a public health official. As more private labs are administering tests, there is a possibility that not all cases are being reported to Student Health Services.Of the total number of cases in the county, 3,497 -- or 7.5% -- have required hospitalization and 816 -- or 1.8% of all cases -- had to be admitted to an intensive care unit.Under state monitoring metrics, San Diego County is currently in the second tier, or the red tier. The county's state-calculated, adjusted case rate is 6.9 per 100,000 residents. The testing positivity percentage is 3.8%.The California Department of Public Health will assess counties' status with its next report scheduled for Tuesday. 2162

SAN DIEGO (CNS) - The Herbert and Nicole Wertheim Foundation announced Tuesday a million donation to UC San Diego to help establish a school of public health.UCSD plans to match the gift and hopes to raise another million to construct a school of public health building pending approval by the University of California. The gift from the Wertheim Foundation is dependent on whether UC's leadership approves UCSD's request."Public health is a field of study and practice that endows individuals and communities with the ability to promote health and prevent disease," said UCSD Chancellor Pradeep K. Khosla. "As a nation, we face unprecedented health challenges. Our university, committed to the greater good, is leading the charge toward understanding, preventing and eradicating threats to public health locally and globally. This philanthropic investment from the Wertheim family will help transform public health as we know it."UCSD currently offers a bachelor's degree and a master's degree in public health, as well as a joint public health doctoral program with San Diego State University. UCSD also opened an Institute for Public Health in 2014, and school officials believe the current public health infrastructure makes UCSD a persuasive candidate for a school of public health."As UC San Diego builds our vision for a healthier world, we are committed to leveraging all of our resources -- across campus, across disciplines and across institutions -- to fully address the complex dynamics that affect public health," said David Brenner, vice chancellor for UCSD Health Sciences.Scientist, clinician, entrepreneur and philanthropist Herbert Wertheim, inventor of eyeglass tints that block ultraviolet light, said he and his wife Nicole made the donation for their 48th wedding anniversary."The most important thing we can achieve is making our communities healthier across the lifespan, and thus more productive," he said. "Prevention is, and always will be, the best medicine."The Miami-based founder and CEO of Brain Power Inc., which manufactures ophthalmic instruments and chemicals, said Brenner "has been a friend for five years, and we've talked about this initiative. ... We are excited for the opportunity and our partnership with UC San Diego to support public health at UC San Diego."The fundraising is part of UCSD's Campaign for UC San Diego, a billion effort to improve student experiences, campus facilities and research opportunities. The school has raised .6 billion since it launched the campaign in 2012. 2553

SAN DIEGO (CNS) - San Diego County health officials have reported 558 new COVID-19 cases and no new deaths, raising the region's totals to 19,929 cases and the death count remaining at 422.Of the 8,505 tests reported Saturday, 7% were positive new cases. The 14-day rolling average for positive tests is 6.1%. The target is less than 8%. The 7-day daily average of tests is 7,853.Of the total positive cases, 2,036 or 10.2% have been hospitalized and 535 or 2.7% of cases have been admitted to an intensive care unit.Two new community outbreaks, one in a healthcare setting and the other in a restaurant-bar, were reported Saturday, bringing the total over the past week to 18, more than double the trigger of seven or more in seven days. A community setting outbreak is defined as three or more COVID-19 cases in a setting and people from different households.More than 75% of the community outbreaks have been traced to restaurants and bars, and 45 community outbreaks remain active, tied to 137 cases of COVID-19 as of Wednesday's data.An additional 23 outbreaks have been traced to skilled nursing facilities and 27 to other nursing facilities.A record-high 578 cases, a 10% positive test rate and 12 deaths were reported Tuesday.A new daily high of 38 COVID-19 positive patients were hospitalized in Wednesday's data, and about 136 of every 100,000 San Diegans are testing positive for the illness, well above the state's criterion of 100 per 100,000. Total COVID-19 hospitalizations have inched up over the last several weeks, said Dr. Wilma Wooten, the county's public health officer."The pandemic is not over," Wooten reminded county residents last week. "The disease is still widespread in our community, as evidenced by the rising cases."Despite the numbers, some local leaders believe San Diego County should have the authority to open its businesses. County supervisors Kristin Gaspar and Jim Desmond and San Diego City Councilman Chris Cate sent a letter to Gov. Gavin Newsom Wednesday evening, asking the governor to rescind orders to shutter indoor business in multiple industries -- including bars, restaurants, museums, cardrooms, zoos and theaters."This statewide one-size-fits-all approach to closing entire business sectors is misguided as evidenced by the many sectors in San Diego forced to close their doors again despite not having contributed at all to the rise in our local cases. As such, we are requesting the review of our county's data to take place as soon as possible, thereby allowing San Diego businesses to reopen if appropriate," they wrote in the joint letter."It is time to give local control of this public health emergency to the elected leaders and clinical team closest to the people so that we can begin community specific healing based on local data. We are confident that San Diego County is well-positioned to serve as a model in this effort," the letter said. 2914

SAN DIEGO (CNS) - The Cajon Valley Union School District has joined 17 other California school districts in filing lawsuits against Juul for marketing its e-cigarettes and related products to children, attorneys said Tuesday.The suit is one of several recently filed against the San Francisco- based vaping company, which could not immediately be reached for comment regarding the litigation.Cajon Valley Union's suit is one of three filed by San Diego County school districts, joining San Diego and Poway Unified.RELATED: San Diego Unified School District suing JUULThe lawsuits allege negligence and nuisance on the part of Juul, claiming its advertising campaigns targeting young people have caused an e- cigarette "epidemic," which has "severely impacted" the school districts by interfering "with normal school operations."The school districts are also seeking compensatory damages to offset financial losses the districts allege resulted from vaping-related student absences, as well as extensive costs the districts incurred to establish outreach and education programs regarding vaping and enforcement infrastructure such as vape detectors, surveillance systems and extra staff to monitor e- cigarette use among students."The youth vaping epidemic created by Juul has significant costs," said John Fiske, shareholder for plaintiff's attorneys Baron & Budd. "These 18 school districts represent and serve over 1 million students and have taken on an extreme financial burden in order to try and stop the pervasive vaping on their campuses and keep their students safe."RELATED: California sues e-cigarette maker Juul over ads, youth salesPlaintiffs' attorneys claim Juul controls more than 70 percent of the e-cigarette market, and has grown rapidly due to targeting school-age children."Holding Juul accountable for its deceitful marketing practices targeting our youth is the first of many steps in rectifying the damage created by the e-cigarette manufacturer," said Rahul Ravipudi, partner at law firm Panish, Shea and Boyle, LLP. "We're ready to see this fight through until justice is served." 2118

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