‘Angel of Death’ Lawsuit to Proceed

A judge rejected a claim that “Angel of Death” suspect Efren Saldivar should be dropped from a wrongful death lawsuit because a one-year statute of limitations had expired.

The civil suit, which also named Glendale Adventist Medical Center, where Saldivar worked as a respiratory therapist, was filed by the family of Elio Heriberto Palacios, who died at the hospital in 1997.

The Glendale Police Department announced two years ago that Saldivar had confessed to 40 or 50 mercy killings of patients at the hospital. Saldivar, who was never charged, has since recanted. A criminal investigation continues, with 20 bodies of former patients exhumed for testing.

On Friday, Saldivar’s attorney, Terry Goldberg, argued that his client was named as a defendant in the lawsuit more than one year after Saldivar’s alleged confession in March 1998.

But Los Angeles County Superior Court Judge Charles W. Stoll disagreed, saying the family didn’t realize Palacios might have been a victim of foul play until July 1999, believing until that point that Palacios had died of natural causes. Thus, he said, Saldivar’s addition to the wrongful death suit in December 1999 came well before the one-year deadline.

Stoll threw out a claim that Saldivar, 31, intentionally inflicted emotional distress on the family with his confession. Defense attorneys successfully argued that it was police--not Saldivar--who let it be known that Palacios was a potential victim.

Goldberg said he was considering an appeal.

An attorney for the medical center refused to comment on the case.