HomeMy WebLinkAboutMINUTES - 07301985 - 1.24 CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE 70 CLUMANT July 30, 1985
governed by the Board of Supervisors, ) The copy of this documentmailedmailed to you is your
Routing Endorsements, and Board notice of Lhe action taken on your claim by the
Action. All Section references are Board of Supervisors (Paragraph IV, below),
to California Government Codes given pursuant to Government Code Section 913
and 915.4. Please note all "Warnings".
Claimant: Marcus A.J. Oden a minor, by and throughMaryJane Harlin, his mother
Mary Jane Harlin County Counsel
Attorney: Andrew Bernard Oden' (CCC Hospital)
Masterson, Calhoun, Lundberg & Judge JUL 0 ,,, 1985
Address! 3220 Blume Drive, Suite 200
Richmond, California 94806 Hand delivery Martinez. CA 94553
Amount: $650,000. 00 By delivery to clerk on July 3, 1985
Date Received: July 3, 1985 By mail, postmarked on
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: Jill 3z 5 12 PHIL BATCHELOR. Clerk, By . J Aj Deputy
ALn4C 4�-rovje I I i
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check only one)
This claim complies substantially with Sections 910 and 910.2.
This claim FAILS to comply substantially with Sections 910 and 910.2, and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
Claim is not timely filed. Clerk should return claim on ground that It was filed
late and send warning of claimant's right to apply for leave to present a late
claim (Section 911-3).
Other:
Dated: By: 7/�7T g-'�z") Deputy County Counsel
III. FROM: Clerk of the Board TO: (14), County Counsel, (9-County Administrator
Claim was returned as untimely with notice to claimant (Section 911-3).
IV. BOARD ORDER By unanimous vote of Supervisors present
This claim is rejected in full.
Other:
I certify that this is a true and correct copIf the d's Order entered in its
minutes for this date. (�ar
Dated: - - 1�.' PH 0
Q IL BATCHELOR, Clerk, By I Deputy Clerk
WARNING (Gov. Code Section 913)
Subject to certain exceptions, you have only six (6)-months from the date of this
notice was personally served or deposited in the mail to file a court action on this
claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this
matter. If you want to consult an attorney, you should do so immediately.
V. FROM: Clerk of the Board 70: (1) county Counsel, (2) County Administrator
Attached are copies of the above claim. We notified the claimant of the Board's
action on this claim by mailing a copy of this document, and a memo thereof has been filed
and endorsed on the Board's copy of this Claim in accordance with Section 29703.
A warning of claimant's right to apply for lea to present a 1 to claim was mailed
to claimant.
DATED: PHIL BATCHELOR, Clerk By Deputy Clerk
cc: County Administrator (2) County Counsel (1)
M ATU
+ r CLADS AGAINST THE CONTRA COSTA COUNTY HOSPITAL
(1) N AND ADDRESS0 CLAIMANTS: MARCUS A. J. ODEN, a Minor, by and
through MARY JANE HARLIN, his mother
677 - 6th Street
480
� � 4 D Richmond, California 91
s4 ('•r' MARY JANE HARLIN
J U t._ 3 1965 677 - 6th Street
Richmond, California 94801
PHIL BATCHEL07
CER, oARD Or SIJ'=ZVISORS
LQtiTRl.Cc c� ANDREW BERNARD ODEN
. De(+UIY
6?7 - 6th Street
Richmond, California 94801
(2) SEND ALL NOTICES TO: MASTERSON, CALHOUN, LUNDBERG & JUIrE
3220 Blume Drive, Suite 200
Richmond, California 94806
Telephone: (415) 222-8222
(3) DATE OF OCCURRENCE: March 29, 1985
(4) PLACE OF OCCURRENCE: Contra Costa. County Hospital
2500 Alhambra Avenue
Martinez, California 94553
(5) CIRCUMSTANCES of OCCURRENCE:
On or about March 29, 1985, Claimant, MARY JANE HARLIN, while pregnant by Claimant,
ANDREW BERNARD ODEN, with Claimant, MARCUS A. J. ODEN, and under the care of staff members
of the Department of Health Services of the County of Contra Costa, California, employed
at the Richmond Health Center and/or the Contra Costa, County Hospital, underwent pre-natal
sonography at said Hospital in Martinez, California, and was advised that her said baby
had reached,-full term. On April 4, 1985, she was advised by members of said staff that
labor was not proceeding satisfactorily and said baby was overdue and, on said date and,
because of said advice and at their direction, she underwent delivery by Cesarean Section.
Upon delivery, Claimants learned that said surgical delivery was unnecessary and that,
as a result thereof, said baby was born five (5) weeks premature.
Page One of Three
GENERAL DESCRIPTION OF INJURY, DAMAGES OR Loss INCURRED:
(a) Claimant, MARCUS A. J. ODEN:
Injuries to the body and shock and injury to the nervous system and person
of Claimant-, and physical and emotional injuries, the exact extent of which are unknown
at this time. These injuries include, but are not limited to, pre-natal stress, early
respiratory distress syndrome, hypercarbia, and anemia. Future medical expenses, wage
losses, and damages in amounts not yet known.
(b) Claimant, MARY JANE HARLIN:
Injuries to the body and shock and injury to the nervous system and person
of Claimant, and physical and emotional injuries, the exact extent of which are unknown
at this time. Future medical expenses, wage losses, and damages in amounts not yet known.
(c) Claimant, ANDREW BERNARD ODEN:
Injuries to the body and shock and injury to the nervous system and person
of Claimant, and physical and emotional injuries, the exact extent of which are unknown
at this time.. Future medical expenses, wage losses, and damages in amounts not yet known.
(7) AMOUNT OF CLAIMS AND BASIS OF COMPUTATION:
Claimants MARY JANE HARLIN and ANDREW BERNARD ODEN, and each of them, have incurred
medical and hospital expenses for treatment of Claimant, MARCUS A. J. ODEN, and themselves,
the exact amount of which are unknown to them at this time. Claimants MARY JANE HARLIN
and ANDREW-::BERNARD this ODEN have also incurred wage losses in amounts unknown Uhis U e.
Claimants, and each of them, have suffered general damages as follows:
CLAIMANT, MARCUS A. J. ODEN, a Minor: $ 500,-000.00
CLAIMANT, MARY JANE HARLIN: It 100,000.00
CLAIMANT, ANDREW BERNARD ODEN: $ 50,QOO.-O'O
Dated: July 2, 1985. C ERG
CHRIST"'``
Attorneys for Claimants
Page Two of Three
1
Receipt of the above Claim is hereby acknowledged on this
day of July, 1985.
CONTRA COSTA COUNTY HOSPITAL
By
Page Three of Three
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT July 30 , 1985
governed by the Board of Supervisors, ) The copy of this document mailed to you is your
Routing Endorsements, and Board ) notice of the action taken on your claim by the
Action. All Section references are ) Board of Supervisors (Paragraph IV, below),
to California Government Codes ) given pursuant to Government Code Section 913
and 915.4. Please note all "Warnings".
Claimant: Marcus A.J. Oden a Minor by and through Mary Jaxle Hard�,in, his mother
Mary Jane Harlin County COunSe1
Attorney: Andrew Bernard Oden (Health Services)
Masterson, Calhoun; Lundberg & Judge JUL 0 5 1985
Address: 3220 Blume Drive, Suite 200
Richmond CA 94806 gg d dellive eaa Martina CA 94553
Amount: By del very to clrerk on July .3 , 1985
$650, 000. 00 _
Date Received: July 3, 1985 By mail, postmarked on
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: July 5 , 1985 PHIL BATCHELOR, Clerk, By Deputy
Ve-TL i
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check only one)
( ) This claim complies substantially with Sections 910 and 910.2.
(,X�' This claim FAILS to comply substantially with Sections 910 and 910.2, and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. Clerk should return claim on ground that it was filed
late and send warning of claimant's right to apply for. leave to present a late
claim (Section 911.3).
( ) Other:
Dated: By: Deputy County Counsel
III. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER By unanimous vote of Supervisors present
( 4 This claim is rejected in full.
( ) Other:
I certify that this is a true and correct cop of the Board's Order entered in its
minutes for this date.
Dated: - PHIL BATCHELOR, Clerk, By , Deputy Clerk
WARNING (Gov. Code Section 913)
Subject to certain exceptions, you have only six (6)-months from the date of this
notice was personally served or deposited in the mail to file a court action on this
claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this
matter. If you want to consult an attorney, you should do so immediately.
V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator
Attached are copies of the above claim. We notified the claimant of the Board's
action on this claim by mailing a copy of this document, and a memo thereof has been filed
and endorsed on the Board's copy of this Claim in accordance with Section 29703•
( ) A warning of claimant's right to apply for lean to present a late claim was mailed
to claimant.
DATED: -)-3L)-z`y- PHIL BATCHELOR, Clerk, By , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
fZPL�S AGAINST THE HEALTH SERVICES DEPARTMM04T, CONTRA COSTA COLIN'I'Y, CALIFORNIA
(1) NAME AND DRESS 0 CLAIMANTS: MARCUS A. J. ODEN, a Minor, by and
through MARY JANE HARLIN, his mother
677 - 6th Street
PALECEIVED Richmond, California 94801
MARY JANE HARLIN
JUL 3 '1985 677 - 6th Street
Richmond, California 94801
►MIL BATCHR 2
_
cr; ��o;s -11nsoRs ANDREW BERNARD ODER
s. ... . r -a.C
Eleputy. 677 - 6th Street
Richmond,' California 94801
(2) SEND ALL NOTICES TO: MASTERSON, CALHOUN, LUNDBERG & JUDGE
3220 Blume Drive, Suite 200
Richmond, California 94806
Telephone: (415) 222-8222
(3) DATE OF OCCURRENCE: March 29, 1985
i
(4) PLACE OF OCCURRENCE: Contra Costa County Hospital
2500 Alhambra Avenue
Martinez, California 94553
(5) CIRCUMSTANCES OF OCCURRENCE:
On or about March 29, 1985, Claimant, MARY JANE HARLIN, while pregnant by Claimant,
ANDREW BERNARD ODEN, with Claimant, MARCUS A. J. ODEN, and under the care of staff members
of the Department of Health Services of the County of Contra Costa, California, employed
at the Richmond Health Center and/or the Contra Costa County Hospital, underwent pre-natal
sonography at said Hospital in Mar-inez, California, and was advised that her said baby
had reached, full term. On April 4, 1985, she was advised by members of said staff that
labor was not proceeding satisfactorily and said baby was overdue and, on said date and,
because of said advice and at their direction, she underwent delivery by Cesarean Section.
Upon delivery, Claimants learned that said surgical delivery was unnecessary and that,
as a result thereof, said baby was born five (5) weeks premature.
Page One of Three
(6) G=AL DESCRIPTION OF T-Naw, DAMAGES OR Loss INCURRED:
(a) Claimant, MARCUS A. J. ODEN:
Injuries to the body and shock and injury to the nervous system and person
of Claimant, and physical and emotional injuries, the exact, extent of which are unknown
at, this time. These injuries include, but are not limited to, pre–natal stress, early
respiratory distress syndrome, hypercarbia, and anemia. Future medical expenses, wage
losses, and damages in amounts not yet known.
(b) Claimant, MARY JANE HARLIN:
Injuries to the body and shock and injury to the nervous system and person
of Claimant, and physical and emotional injuries, the exact extent of which are unknown
at this time. Future medical expenses, wage losses, and damages in amounts not, yet known.
(c) Claimant, ANDREW BERNARD ODEN:
Injuries to the body and shock and injury to the nervous system and person
of Claimant, and physical and emotional injuries, the exact extent of which are unknown
at this time. Future medical expenses, wage losses, and damages in amounts not yet known.
(7) AMOUNT OF CLAIMS AND BASIS OF COMPUTATION:
Claimants MARY JANE HARLIN and ANDREW BERNARD ODEN, and each of them, have incurred
medical and hospital expenses for treatment of Claimant, MARCUS A. J. ODEN, and themselves,
the exact amount of which are unknown to them at this time. Claimants MARY JANE HARLIN
4-
and ANDREW,.-BERNARD ODEN have also incurred wage losses in amounts unknown at this time.
Claimants, and each of them, have suffered general damages as follows:
CLAIMANT', MARCUS A. J. ODEN, a Minor: $ 500,000-00
CLAIMANT, MARY JANE HARLIN: $ 100,000.00
CLAIMANT, ANDREW BERNARD ODEN: $ 50)
Dated: July 2, 1985. MAS )N �G &2 -E
N
By,
.CHRIST0P1M ,E-.--JtTn5r—
Attorneys f Claimants
Page Two of Three.
Receipt of the above Claim is hereby acknowledged on phis
day of July, 1985. HEALTH SERVICES DEPAR'IvMT
CONTRA COSTA COUNTY, CALIFORNIA
. By
Page Three of Three
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT July 30, 1985
governed by the Board of Supervisors, ) The copy of this document mailed to you is your
Routing Endorsements, and Board ) notice of the action taken on your claim by the
Action. All Section references are ) Board of Supervisors (Paragraph IV, below),
to California Government.Codes ) given pursuant to Government Code Section 913
and 915.4. Please note all "Warnings". _
Claimant: Marcus A.J. Oden, a minor, by and through Mary Jane Harlin, his mother
Attorney: Mary Jane Harlin County Counsel
Andrew Bernard Oden
Address: Masterson, Calhoun, Lundberg & Judge JUL 0 5.1985
3220 Blume Drive, Suite 200 Hand delivered
Amount: Richmond, California 9480 delivery to clerk onMartii ez CA3945R85
$650, 000. 00
Date Received: July. 3 1985 By mail, postmarked on
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim. I �L
0
Dated: July 5, 198 5 PHIL BATCHELOR, Clerk, By Deputy,
n Cerve li
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check only one)
( ) This claim complies substantially with Sections 910 and 910.2.
This claim FAILS to comply substantially with Sections 910 and 910.2, and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
( 1 Claim is not timely filed. Clerk should return claim on ground that it was filed
late and send warning of claimant's right to apply for leave to present a late
claim (Section 911.3).
( ) Other: .
Dated: By: Deputy County Counsel
III. FROM: Clerk of the Board TO: (1) County Counsel, (2) C unty Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER By unanimous vote of Supervisors present
This claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Bo d's Order entered in its
minutes for this date.
Dated: PHIL BATCHELOR, Clerk, By , Deputy Clerk
WARNING (Gov. Code Section 913)
Subject to certain exceptions, you have only six (6)-months from the date of this
notice was personally served or deposited in the mail to file a court action on this
claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this
matter. If you want to consult an attorney, you should do so immediately.
V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator
Attached are copies of the above claim. We notified the claimant of the Board's
action on this claim by mailing a copy of this document, and a memo thereof has been filed
and endorsed on the Board's copy of this Claim in accordance with Section 29703.
( ) A warning of claimant's right to apply for leave to present a late claim was mailed
to claimant.
DATED: 7-2n-- � PHIL BATCHELOR, Clerk, By , Deputy Clerk
cc: County Administrator (2) - County Counsel (1)
M a nut
i
" CLAIMS AGAINST THE COUNTY OF CONTRA COSTA, CALIFORNIA
{1} NAME AND ADDRESS OF CLAIMANTS: MARCUS A. J. ODF,N, a Minor, by and-
through MARY JANE HARLIN, his mother
6?7 - 6th Street
t " ` Richmond, California 94801
RECEIVED MARY JANE HARLIN
°?;5f0,M. 677 - 6th Street
4101 J? 1 1985 Richmond, California 94801
HBAFCftEtANDREW BERNARD ODEN
'.ERY ARM Qi i'� V}$ORsr
677 - 6th Street
Denut,
Richmond, California 94801
(2) SEND ALL NOTICES TO: MASTERSON, CALHOUN, LUNDBERG & JUDGE
3220 Blume Drive, Suite 200
Richmond, California 94806
Telephone: (415) 222-8222
(3) DATE OF OCCURRENCE: March 29, 1985
(4) PLACE OF OCCURRENCE: Contra Costa County Hospital
2500 Alhambra Avenue
Martinez, California 94553
(5) CIRCUMSTANCES OF OCCURRENCE:
On or about March 29, 1985, Claimant, MARY JANE HARLIN, while pregnant by Claimant,
ANDREW BERNARD ODE', with Claimant, MARCUS A. J. ODEN, and under the care of staff members
of the Department of Health Services of the County of Contra Costa, California, employed
at the Richmond Health Center and/or the Contra Costa County Hospital, underwent pre-natal
sonography at said Hospital in Martinez, California, and was advised that her said baby
had reached full term. On April 4, 1985, she was advised by members of said staff that
labor was not proceeding satisfactorily and said baby was overdue and, on said date and,
because of said advice and at their direction, she underwent delivery by Cesarean Section.
Upon delivery, Claimants learned that said surgical delivery was unnecessary and that,
as a result thereof, said baby was born five (5) weeks prema;ture.
Page One of Three
(6) GENERAL DESCRIPTION OF INJURY, DAMAGES OR LOSS INCURRED:
(a) Claimant, MARCUS A. J. ODEN:
Injuries to the body and shock and injury to the nervous system and person
LO
of Claimant, and physical and emotional injuries, -,,-he exact extent of which are unknown
at this time. These injuries include, but are not limited to, pre-natal stress, early
respiratory distress syndrome, hypercarbia, and anemia. Future medical expenses, wage
losses, and damages in amounts not yet known.
(b) Claimant-, MARY JANE HARLIN:
Injuries to the body and shock and injury to the nervous system and person
of Claimant, and physical and emotional injuries, the exact extent of which are unknown
at this time. Future medical expenses, wage losses, and damages in amounts not yet known.
(c) Claimant, ANDREW BERNARD ODEN:
Injuries to the body and shock and injury to the nervous system and person
of Claimant, and physical and emotional injuries, the exact extent of which are unknown
at this time. Future medical expenses, wage losses, and damages in amounts not yet known.
(7) AMOUNT OF CLAIMS AND BASIS OF COMPUTATION:
Claimants MARY JANE HARLIN and ANDREW BERNARD ODEN, and each of them, have incurred
medical and hospital expenses for treatment of Claimant, MARCUS A. J. ODEN, and themselves,
the exact amount of which are unknown to them at this time. Claimants MARY JANE HARLIN
11 -
and ANDREW'-BERNARD ODEN have also incurred wage losses in amounts unknown at this time.
Claimants, and each of them, have suffered general damages as follows:
CLAIMANT, MARCUS A. J. ODEN, a Minor: t 500,000-00
CLAIMANT, MARY JANE HARLIN: $ 100,000.00
CLAIMANT, ANDREW BERNARD ODEN: $ 50 .00-
Dated: July 2, 1985. MA ON, 0 BERG JUDO
Attorneys or Claimants
Page Two of Three,
t .
Receipt of the above Claim is hereby acknowledged on this
day of July, 1985« COUNTY OF CONTRA COSTA, CALIFORNIA
By
Page Three of Three
CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
BOARD ACTION
Claim Against the County, or District ) NOTICE TO CLAIMANT July 30, 1985
governed by the Board of Supervisors, ) The copy of this document mailed to you is your
Routing Endorsements, and Board ) notice of the action taken on your claim by the
Action. All Section references are ) Board of Supervisors (Paragraph IV, below), .
to California Government Codes ) given pursuant to Government Code Section 913
and 915.4. Please note all *Warnings".
Claimant: W. Michael Hart and Lois A. Hart County Counsel
Law Offices of Grant & Sternberg
Attorney: 3478 Buskirk Avenue, Suite 220 JUL 0 h 1985
Pleasant Hill, California 94523 (Martinez, CA y4553
Address:
Ha d deli ered
Amount: $35, 000. 00 By &livery�o clerk on July 3, 1985
Date Received: July 3, 1985 By mail, postmarked on
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: July 5, 1985 0
PHIL BATCHELOR, Clerk, By0Deputy
n Cerve 11i
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
(Check only one)
( This claim complies substantially with Sections 910 and 910.2.-7,�
( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are
so notifying claimant. The Board cannot act for 15 days (Section 910.8).
I n !jh4,
V) Claim is''nod 'timely filed. Clerk should return claim on ground that it was filed
late and send warning of claimant's right to apply for leave to present a late
claim (Section 911.3).
�.� •.,,/�; ,1'?. �-c7-Yl;, �'F�'I'Ji Gt-";1'i iGo �' Ci.`2�1'�°����Z� ' Y�, , Z�t t'L.,�.l17 /L �Cz�1�
r'-i i e `/� <- ➢ / �h 2_ �'i i��-' is i�~ �/i'�6'7i�'/�/[�
J
7r7 �. ti77
�^r1
Dated: Deputy Caen y Counsel
III. FROM: Clerk of the Board TO: (1)County Counsel, (2)- ounty Administrator
Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER By unanimous vote of Supervisors present
( ) This claim is rejected in full.
(>4 Other: Portion of original claim not previously returned a-s
iintj- ,oi g is rejected in full. _
I certify that this is a true and correct copy of the BoardIs Order entered in its
minutes for this date.
Dated: - PHIL BATCHELOR, Clerk, ByA , Deputy Clerk
WARNING (Gov. Code Section 913)
Subject to certain exceptions, you have only six (6)-months Pram the date of this
notice was personally served or deposited in the mail to file a court action on this
claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this
matter. If you want to consult an attorney, you should do so immediately.
V. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator
Attached are copies of the above claim. We notified the claimant of the Board's
action on this claim by mailing a copy of this document, and a memo thereof has been filed
and endorsed on the Board's copy of this Claim in accordance with Section 29703.
( ) A Warning of claimant's right to apply for leav to present a late claim was mailed
to claimant.
DATID:, - _S PHIL BATCHELOR, Clerk, By , Deputy Clerk
cc: County Administrator (2) County Counsel (1)
f
RECEIVED
CLAIM AGAINST THE COUNTY OF CONTRA COST JUL 3, 1965
._ IH L BATCHK�I
C.ERK 90 RD Of SU::.
CO A COSTA C
T0: CLERK OF THE BOARD OF SUPERVISORS OF T fa A I 1bL,1@Dvty1-AG
CONTRA COSTA COUNTY
W. MICHAEL HART and LOIS A. HART hereby make claim
against the County of Contra Costa for the sum of $35,000 for
past damages and for appropriate remedial measures to insure
that the damages claimed herein will not reoccur. Claimants
make the following statements in support of their claim:
1 . Claimants' post office address is 118 Gilbert Lane,
Martinez, California, 94553 .
2 . Notices concerning the claim should be sent to the
Law Offices of Grant & Sternberg, 3478 Buskirk Avenue, Suite
220, Pleasant Hill, California, 94523.
3 . The damages claimed herein occurred at the
claimants' property located at the above address on November 29,
1981 and recurred thereafter during major rainstorms, and
specifically reoccurred during the winter of 1984-1985.
Claimants' did not learn that negligence on the part of the
County of Contra Costa caused their damages until March 28 ,
1985.
4 . The circumstances giving rise to this claim are as
follows:
( a) Claimants' property is located at 118 Gilbert
Lane , just off of Alhambra Valley Road, in the Rancho
E1 Pinole development . Alhambra Valley Road runs
parallel to a creek and Claimants' property lies
between the road and the creek . There are roughly
-1-
twenty other lots similarly situated. At some point
during the early stages of development of Rancho E1
Pinole, the County of Contra Costa built a concrete
flood control culvert along Alhambra Valley Road on the
side opposite the creek and Claimants' property. The
culvert passes under the road and runs in the direction
of the creek, but ends several hundred yards before
reaching the creek. During moderate to heavy rains,
runoff water flows -through the length �of the concrete
culvert , and then flows onto several of the lots
comprising the development. Some of the landowners
diverted the runoff to protect their properties, which
we threatened by these waters. The result is that the
water discharged from the concrete culvert now flows
down Strenzel Lane and onto Claimants' property,
causing extensive damage. The landscaping, fencing,
decking, and swimming pool have been damaged. During
the past winter and spring months there were standing
water and moisture on Claimants' property. The
property has been diminished in value and Claimants'
have suffered emotional distress in the loss of the
use, possession and enjoyment of their property. It is
the opinion of an expert hydrologist, Robert Frey, that
this damage was and will continue to be caused by the
negligent construction by the County of Contra Costa of
a drainage system that is wholly inadequate to serve
the drainage needs of this portion of Alhambra Valley.
( b) The Harts ' claim as of this date is for
-2-
$35,000 for the above mentioned property damage. The
•
Harts further claim and demand remedial measures and/or
the cost of remedial measures adequate to insure that
no future flooding of the Claimants ' property will
occur as a result of the negligent construction of the
concrete culvert and drainage system. This claim will
be amended as further damages result and when the cost
of the aforementioned remedial measures are
ascertained.
Dated: July 3 , 1985
ROBERT L. GRANT
On Behalf of Claimants
W. MICHAEL HART and
LOIS A. HART
-3-
• APPLICATION TO FILE LATE CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COMM, CALIFORNIA
BOARD ACTION
Application to File Late Claim ) NOTICE TO APPLICANT July 30, 1985
Against the County, Routing ) The copy of this document mailed to you is your
Endorsements, and Board Action.) notice of the action taken on your application by
(All Section References are to the Board of Supervisors (Paragraph III, below),
California Government Code.) given pursuant to Goverment Code Sections 911.8 and
915.4. Please note the "WARNING" below.
Claimant: Michael S. Raby County Counsel
- Stephen J. Walwyn
Attorney'. The Boccardo Law Firm JUL 0 5 1985
Address: Ill West St. John Street, #1160
San Jose, CA 95115 - Martinez, CA 94553
Amount: $3, 000,000. 00 - By delivery to Clerk on
Date Received: July 3, 1985 By mail, postmarked on _ 1111
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above noted Applicat n to .
DATED: July 5 - 1985 -PHIL BATCHELOR, Clerk, By AAA^ rli"-"Late ClaimDeputy
Ann _Cer-upl 1 i
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
The Board should grant this Application to File Late Claim (Section 911.6).
The Board should deny this Application to File Late Claim (Section 911.6).
DATED: VICTOR WESTMAN, County Counsel, 1-61ZIz- Deputy
By
III. BOARD ORDER By unanimous vote of Supervisors present
(Check one only)
This Application is granted (Section 911.6).
This Application to File Late Claim is denied (Section 911.6).
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
DATE: PHIL BATCHELOR, Clerk By
1 A., Deputy
WARNING (Gov. Code $911-8)
If you wish to file a court action on this matter, you must first petition the
appropriate court for an order relieving you from the provisions of Government Code
Section 945.4 (claims presentation requirement). See Goverment Code Section 946.6. Such
petition must be filed with the court within six (6) months from the date your application
for leave to present a late claim was denied.
You may seek the advise of any attorney of your choice in connection with this
matter. If you want to consult an attorney, 'you should do so immediately.
IV. FROM: Clerk of the Board TO: (1) County Counsel 2) County Administrator
Attached are copies of the above Application. We notifed the applicant of the
Board's action on this Application by mailing a copy of this document, and a memo thereof
has ben filed and endorsed on the Board's copy of this Claim in accordance with Section
29703.
DATED: PHIL BATCHELOR, Clerk, Byo .Deputy
V. FROM: (1) County Counsel (2) County Administrator - 16-.—Clerk of the Board
Received copies of this Application and Board Order. of Supervisors
DATED:—, County Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAIM
1 THE HOCCARDO LAW FIRM
ATTORNEYS AT LAW
2 111 WEST ST. JOHN STREET
P. 0. BOX 15001
3 SAN ]OSE, CALIFORNIA 95115-0001
TELEPHONE (406) 298.5675
4
5 ATTORNEYS FOR Claimant
6
7 MICHAEL S. BABY, )
8 Claimant, )
APPLICATION FOR LEAVE
9 VS. ) TO PRESENT LATE CLAIM
10 STATE OF CALIFORNIA and )
COUNTY OF CONTRA COSTA, )
11 )
Respondents.
12 DECEIVED
)
13
TO: STATE OF CALIFORNIA JUL 3 1985
14 STATE BOARD OF CONTROL
926 J Street, #316 sHII TCHE or on
Sacramento, CA 95814 ER%
I- COS .0 Droutr
16 COUNTY OF CONTRA COSTA By
BOARD OF SUPERVISORS
17 651 Pine, Room 106
Martinez , CA 94553
18
19 1 . Application is hereby made for leave pursuant to
20 Government Code Section 911.4 and 911.6 , et seq. , , for leave to
21 present late claim for damages founded on a cause of action for
22 personal injuries which occurred on or about July 19 , 1984, and
23 for which a claim was not presented within the 100-day period
24 provided by Section 911.2 of the Government Code. For additional
25 circumstances relating to the cause of action, reference is made
26
1
1 to the Claim for Damages attached hereto and marked as Exhibit "A" .
2 2 . The reason for the delay in presenting this claim is
3 that the claimant was physically incapacitated during all of the
4 period when the claim should have been presented and by reason of
5 the disability failed to timely present the claim as shown by the
6 Declaration of Michael S. Raby attached hereto as Exhibit "B" .
7 WHEREFORE , it is respectfully requested that this
8 application be granted, and that the attached proposed Claim for
9 Damages be received and acted on in accordance with Section 912. 4
10 through Section 912. 8 of the Government Code.
11 DATED: June 28 , 1985
12 THE BOCCARDO LAW FIRM
13
14
BY
Ste h. n J. Wa yn
15 Attor eyes for Cl4imant
16
17
18
19
20
21
22
23
24
25
26
2
1 THE BoccARno LAW FIRM
ATTORNEYS AT LAW
21
III WEST ST. JOHN STREET
P. O. BOX 15001
3 SAN JOSE, CALIFORNIA 95115-0001
TELEPHONE (408) 29e-5678
4
5 ATTORNEYS FOR Claimant
6
7 MICHAEL S. RABY,
8 Claimant, Y
CLAIM FOR DAMAGES
9 VS.
10 STATE OF CALIFORNIA and
COUNTY OF CONTRA COSTA,
11
12 Respondents.
13
TO: STATE OF CALIFORNIA
14 STATE BOARD OF CONTROL
926 J Street, #316
15 Sacramento, CA 95814
16 COUNTY OF CONTRA COSTA
BOARD OF SUPERVISORS
17 651 Pine, Room 106
Martinez, CA 94553
18
19 YOU ARE HEREBY NOTIFIED that Michael S. Raby, by and
20 through his attorneys, The Boccardo Law Firm, 111 West St. John
21 Street , #110 , San Jose, California 95115 , does hereby file his
22 Claim for Damages in the sum of THREE MILLION DOLLARS
23 ($3 , 000 , 000 . 00) against the STATE OF CALIFORNIA and COUNTY OF
24 CONTRA COSTA and alleges as follows:,
25 . . . . .
26
3
EXHIBIT A
1 On or about July 19 , 1984 , the STATE OF CALIFORNIA and
2 COUNTY OF CONTRA COSTA so negligently and carelessly owned ,
3 operated, maintained, supervised, controlled, signposted, managed,
4 and inspected that certain waterway known as West Canal , in the
5 City. of Byron, County of Contra Costa, State of California, so
6 that plaintiff, while being towed on an inner tube by the motorboat
7 operated by Tyrone Brown on West Canal south of Old River near
8 the east bank of Clifton Court Fore Bay and directly across from
9 Coney Island , was caused to be thrown off into the rocks of a
10 levee bank , thereby resulting in severe personal injuries to
11 plaintiff.
12 At the time and place aforesaid, the STATE OF CALIFORNIA
13 and COUNTY OF CONTRA COSTA created and allowed to exist a dangerous,
14 defective, hazardous and unsafe condition, in that said respondents
15 failed to post or maintain any or adequate signs , barriers , or
16 other advisory devices warning recreational users that the area in
17 which claimant' s accident occurred was dangerous and unsafe for
18 towing persons on water skis or inner tubes and further failed to
19 prohibit or prevent such recreational activities at the aforesaid
20 location, as the direct and proximate result of which the accident
21 of July 19, 1984 , as aforesaid, occurred , thereby resulting in
22 severe and disabling personal injuries to claimant.
23 On or before July 19 , 1984, the STATE OF CALIFORNIA and
24 COUNTY OF CONTRA COSTA, its agents,- servants and employees, know,
25 or in the exercise of ordinary care, should have known, of the
26 aforesaid dangerous condition and that the said condition was
4
dangerous when the waterway was used in the way it was reasonably
2 intended to be used.
3 As a direct and proximate result of the aforesaid
4 negligence and carelessness of respondents, and each of them as
5 aforesaid, claimant MICHAEL S. RABY sustained severe and disabling
6 personal injuries, all to his general damage in the sum of THREE
7 MILLION DOLLARS ( $ 3 , 000 , 000 . 00) , together with medical and
8 incidental expenses incurred for the proper care and treatment of
. 9 said injuries , in an amount presently unascertained, together
10 with a loss of earnings and earning capacity, all to his special
11 damage in an amount presently unascertained . Claimant prays
12 leave to insert the amounts of said special damages when
13 ascertained.
14 ALL FURTHER NOTICES AND COMMUNICATIONS with regard to
15 this Claim for Damages should be forwarded to Claimant' s attorneys,
16 THE BOCCARDO LAW FIRM, 111 West St. John Street, #1100, San Jose,
17 California 95115.
18 DATED: June 28 , 1985
19 - THE BOCCARDO LAW FIRM
20
21 By
StepJ. Wal#yn
22 A
torneV for Claimant
23
24
25
26
5
STATE OF ILLINOIS )
SS.
COUNTY OF COOK )
JOINT DECLARATION AND AFFIDAVIT OF
MICHAEL S. RABY AND FLORENCE MARAMBA
THE UNDERSIGNED, MICHAEL S . RABY (herein the "Affiant") ,
and FLORENCE MARAMBA, his mother (herein the "Co-Affiant")
being first duly sworn under oath , state and represent as
follows :
1. That at all times hereinmentioned or referred to,
Affiant states that he was of legal age in accordance with the
laws of California and Illinois , having been born on June 25,
1966, and further , has resided with Co-Affiant at 14857 South
Kilbourn , Village of Midlothian, County of Cook, State of
Illinois .
2. That on or about July 19, 1984, while vacationing with
friends and visiting with his father , Affiant states that he
.was involved in a boating accident in a waterway located in
Contra Costa County, California (exact location unknown) ,
resulting in severe and debilitating head and body injuries.
3. That Affiant states that said accident occurred while
he was being pulled on an "innertube water-skiing" device by
tow rope fastened to a power boat driven by one , Mr . Tyrone
Brown.
EXHIBIT B
4. That to Affiant 's best present belief, recollection
and memory, Affiant states that he was thereupon driven and
thrown upon and onto various rocks and underwater obstructions
unknownst to Affiant, which as a consequence caused Affiant to
incur the aforenoted injuries and which left Affiant
unconscious and as reported to Affiant thereafter , in a state
of critical medical condition.
5. That following necessary treatment at three separate
hospitals ; notably , Tracy Hospital , Tracy , California; Modesto
Memorial Hospital , Modesto, California; and UCSD Medical
Center , San Diego , California , the latter from which he was
released as a patient on August 29, 1984, Affiant and his
mother , Co-Affiant herein, state that they stayed at the
residence of Affiant 's father , William S. Raby, Sr. , who
resides at 14265 Anabella Drive , Poway , California , 92064,
until September 6 , 1984, at which time Affiant and Co-Affiant
returned to their residence in Midlothian, Illinois .
6. That as a consequence of . the injuries sustained by
Affiant , Affiant has experienced severe pain and discomfort ,
loss of sight in one eye, loss of memory and disorientation,
and has suffered from severe bouts of emotional depression and
withdrawal. Only until recently has Affiant been able to leave
his residence on his own to visit with friends and relations or
to intelligently communicate with others . Moreover , Affiant
has suffered and continues to suffer from headaches and must
yet undergo further head and facial surgery to replace sections
of skull bone removed by physicians treating him at UCSD
Medical Center prior to his discharge therefrom. That as of
-2-
today 's date, said surgery is not scheduled to take place until
August or September of 1985, at the earliest , in Chicago,
Illinois.
7. That in all of the above circumstances and as a direct
consequence of Affiant 's severe mental disabilities and
physical injuries , which continue to the present, Affiant was
unable to appreciate or understand his responsibilities and
rights appertaining to or afforded him under the formalities of
California law, relating to the prosecution of an appropriate
action or actions for injuries sustained, nor could Affiant so
appreciate or understand his responsibilities and rights as may
be afforded to him thereunder .
8. That if requested to do so, Affiant , by himself or
though his duly constituted attorneys , or . Co-Affiant , can
document the extent of Affiant 's physical injuries and mental
condition by written medical reports or discharge summaries
which Affiant has in his possession or can otherwise obtain
from various treating hospitals and physicians who are familiar
with Affiant ' s past and present condition.
9 . That Co-Affiant herein, who resides at 14857 South
Kilbourn, Midlothian, Illinois , hereby joins in this instrument
for -the uses and purposes herein set forth , and , if required to
testify for and on behalf of Affiant as to his physical and
mental condition, can do so upon her best information and
belief.
IN WITNESS WHEREOF, Affiant states under penalty of perjury
that the foregoing statements are true and correct ; and ,
-3-
Co-Affiant states that the matters herein stated are true and
correct to the best of- her knowledge , information and belief.
Dated: June 1985 Affiant:
n)'&& Ll
Michael S . Ra y
Co-Affiant :
F orence Maram a
Subscribed and Sworon to
before me this day
of June, 1985.
, Richard rna
Notary Public in and for the
County of Cook , State of Illinois
My Commission Expires : June 25, 1986
-4-
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TRACY COMMUNITY MEMORIAL HOSPITAL
1A20 TRACY BOULEVARD
RACY. CALWOAVA 95375'349)
--- ---- -- - --- —l----- - -- CI -- NAT- P"ONE.1109,835 1500
PA111,10 S SIGNATURE PHYSIAN SIGURE '
MEDICAL k,_~NTER
22-5 Dk6kinnmnS1memt ^
'
San Diego, CAS21O3'9g81
. `
~
DISCHARGE SUMMARY
8ABY, Michael
I 04 25 98
7 West
D; B-28-84
ADMISSION DATE: 7-27-84 ATTENDING PHYSICIAN: Dr. L. Marshall
DISCHARGE DATE: 8-29-84 RESIDENT PHYSICIANS: Dz. D. Barba
Dc. A. Dalrymple
�
' CHIEF COMPLAINT: The patient is one week status post bead injury.
_-
PRESENT ILLNESS: The patient is an 18-year-old, right-handed, white male,
being pulled in an inner tuba by a speedboat and flung against the rocks on
the 10tb of July. He presented to Tracy Hospital with a nonreactive right
pupil, but purposeful movement of all four extremities. Be was intubated and
hyperventilated, given Mannitol, and transferred via ambulance to Memorial
Hospital where be was found to have a right parietal scalp laceration, a right
raccoon eye, bilaterally equal deep tendon reflexes, bilateral Babinski's, and
.
an ethanol level of .44 mg. percent. He cervical spine was cIeaz. CT scan
revealed a l cm. depressed right parietal skull fracture, a l om, in diameter
hemorrhage in the right parietal lube, several small right frontal hemorrhages
without subdural bematoma or epidural bematoma' There was about a G mm.
midline shift with 000compreased basal cisterns. 'Also noted was a slight
depression of the right zygomatic arch and depression of the inferior and
posterior walls of the right maxillary oiooa with opacified maxillary and eth-
moid sinuses bilaterally. Also noted was a right orbital bematoma.
/ .
The patient was taken to the Operating Boom and had his parietal skull frac-
ture elevated; the hemorrhages were not evacuated. Repeat CT ooao revealed no
progression of the hemorrhage, and the patient was extubated five days Dootm~ "
peratively. The 6atient was following commands at discharge, and be was
referred here to be near his father during his convalescence.
PH F8 G8 RDS: Past medical history includes a tonailleotomy and adenoidectomy
as a child. F8: Includes amblyopia in the father, muocuIac dystrophy on the
matef,nal side, colon cancer in the maternal grandfather, and hypertension in
the maternal grandfather. SH: The patient is a high school graduate, lives
at home in Chicago with his mother and stepfather. ROS: The patient had a
bloody diarrhea about two weeks before his accident; stool cultures were nega-
tive.
~
PHYSICAL EXAMINATION: Temperature 100.5 F. " bIood pressure 160/90, poise 72,
respirations IO. The patient is a well-developed, well-nourished, *bite male `
being fed by nasogastric tube. His bead was covered with a right parietal
dressing through wblob purulent drainage could be seen. His right eye was
swollen shut. The right ear canal contained dried blood, the left ear was
~Y
~^
,`"'-34^
yA �•
t-JF—E .i® MEDICAL.._-'ENTER
225 Dickinson Street
San Diego, CA 92143-9981
DISCHARGE SUMMARY
RABY, Michael
1 04 25 98
-2-
clear. The right eye was proptotic and chemotic with a swollen lid. The
right pupil was 4 mm. , the left pupil was 3 mm. , both were reactive, left
greater than right, the left fundus was benign. Neck: Supple. Cervical
spine was clear. Lungs revealed bibasilar rales with decreased breath sounds.
Heart revealed regular rate and rhythm with a I/VI systolic ejection murmur at
the apex.
i Abdomen: Benign. There was heme-positive stool. Skin revealed multiple
_.r minor abrasions, especially notable were those on the right shoulder and right
knee. Neurological examination revealed a mental status of somnolent, but
agitated. He opened his left eye spontaneously. He obeyed commands. He
mumbled unintelligible utterances in response to questions, and in expressing
wishes. His Glasgow Coma Scale was 12. Left cranial nerve II responded to
threat, left cranial nerves III, IV, and VI were intact. Corneals were posi-
tive bilaterally. Cranial nerve VII through XII were intact. Motor examina-
tion revealed 5/5 strength throughout. Sensory examination was not testable.
i Deep tendon reflexes were 3+ throughout with a mild left hyperreflexia. There
was bilateral nonsustained clonus at the ankles.
LABORATORY STUDIES: CT scan of the head on the 24th of July revealed an ill-
defined hypodense region in the right frontal lobe consistent with edema
secondary to contusion. Soft tissue swelling was noted in the subcutaneous
tissue adjacent to the right temporoparietal region. There was a minimally
depressed skull fracture of the right parietal bone which extended caudally
into the squamosal portion of the temporal bone. There was a high density
focal lesion noted in the right frontoparietal region with surrounding low
density consistent with hemorrhagic contusion and edema, mass effect was noted
as effacement of the right lateral ventricle. There was approximately 3 mm.
of midline shift. Also noted was a fracture of the right orbital roof and
lamina papyracea with opacification of the right ethmoid sinus consistent with
hemorrhage. The superior orbital roof fracture was depressed into the orbit
producing proptosis of the globe.
On 'the 27th of July, chest x-ray revealed no infiltrates, fractures or
pneumothorax. On the first of August, a new left thalamic lacunar infarct
was noted and other findings were consistent with soft tissue infection at the
right craniotomy fracture site.
A selective right internal carotid artery and right external carotid artery
angiogram done on the 8th of August to rule out carotid cavernous fistula
revealed no evidence of carotid cavenous fistula. A mild contrast
reaction was treated with Benadryl IV.
A Ni51-340
,UC5a® MED{CAt. -ENTER
225 Dickinson Street
San Diego, CA 92103-9981
DISCHARGE SUMMARY
RABY, Michael
1 04 25 98
-3-
A cell surface marker analysis report done on on the 27th of August revealed a
normal proportion of peripheral blood T lymphocytes, helper T lymphocytes, and
suppressor T lymphocytes. An antimicrobial susceptibility report revealed
that the bacterium growing from the .right parietal wound was Aeromonas
hydrophila most sensitive to Gentamicin or Septra.
Cerebrospinal fluid on the 17th of August revealed a glucose of 62 and a total
protein of 61 mg. per deciliter. Latest chemistry panel on the 24th of August
reveals a direct bilirubin of .2, total bilirubin of .4, SGOT of 117, SGPT of
499, LDH of 274, alk. phos. of 400, CPK of 27. BUN of 7, creatinine of .8,
bicarb. of 22, chloride 109, sodium 142, potassium 3.6, total protein 4.6,
albumin 2.5. Last urinalysis on the 25th of August was normal. White blood
cell count on the 26th of August was 7.2 with hct, of 32.4. •
HOSPITAL COURSE: An Ophthalmology consultation was immediately obtained; the
impressions included right orbital hematoma from head trauma. Surgery for
�J evacuation of the hematoma was not felt to be indicated for possible optic
nerve compression due to the duration of time from the injury. Also found was
a proptosis of the right eye with corneal exposure; recommended was a humidity
shield and Lacri-Lube Ointment q 2 hours. Also recommended was broad-spectrum
IV antibiotics. Ophthalmology was unable to determine the visual acuity in
the right eye.
Head and Neck Surgery was also immediately consulted to evaluate the zygomatic
,J and maxillary fractures. Head and Neck Surgery recommended ear drops for the
right ear and did not recommend zygomatic reduction at the time. On the 29th
of July, surgery was scheduled to debride the right parietal scalp wound, to
decompress the right orbit, and to reduce the right zygomatic fracture. These
were accomplished. The bone flap was replaced and the wound was closed with
wire suture.
On the 30th of July, follow-up ophthalmological examination revealed consen-
sual response in the left eye, to light in the right eye. He was continued on
Ancef 1 gram IV piggyback q 6 hours postoperatively. On the first of August,
Septra was added at 10 cc's IV piggyback q 6 hours.
Speech pathology was consulted on the 31st in order to encourage meaningful
vocalization. On the first of August, it was again noted that his right eye
was proptotic and Ophthalmology suspected that the patient had recollected the
necrotic tissue behind the eye. Also noted was that the right parietal scalp
wound was fluctuant and draining purulent material. On the second of August,
the patient again underwent a right scalp wound debridement with removal of
bone plate, and a right tarsorrhaphy. Intraoperatively, two red Robinson
catheters were placed, one for inflow of Keflin and one for outflow. Keflin
CRM n161.340
. LIL9C S.O MEDICAL. NTER
225:D10kinson Street`' ,
SanDiego; CA 92103-9981
DISCHARGE SUMMARY
BABY, Michael
1 04 25 98
-4-
was then allowed to irrigate the wound for approximately three days postopera-
tively. The wound was again closed with wire sutures, and the wound edges
were covered with Collodion. He was continued on Septra postoperatively IV.
Also postoperatively, he was continued on Dilantin 200 mg. in the morning and
300 mg. every night, Decadron 4 mg. q 6 hours, and Cimetidine. The Dilantin
level on this dose was .9.
The patient gradually improved such that the right orbital swelling decreased.
He was able to swallow food, and speak normally,y, and his wound remained clean
and dry. However, on the 9th of August, the patient became febrile to 102 F.
and a macular rash developed over his trunk and then his extremities. This
was thought to be secondary to his Dilantin, so that the Dilantin,was discon-
tinued and the patient was placed on phenobarbital as an anticonvulsant. The
rash was totally resolved on the llth of August, and Septra was discontinued
on the 12th. On the 13th of August, the patient's tarsorrhaphy was removed.
Discharge planning was in *progress on the 16th of August, however, on the
17th, he developed a confluent macular erythematous rash which could only have
been secondary to phenobarbital or Tylenol with codeine.
A CT scan was repeated which demonstrated two small ring enhancing lesions
over the right parietal area, thought secondary to ischemia. Cerebrospinal
fluid revealed one white blood cell, and no organisms. Phenobarbital was thus
discontinued. On the 19th, a white count was obtained which was 5.6,
revealing 38 segs, 8 bands, 33 lymphs, 12 monos. ESR was 21.' Fever that day
} was up to 103.2 F. Mono spot was negative. The patient was also noted to
have a diffuse lymphadenopathy. A Tzanck preparation was negative. The
patient's white count continued to drop to a low of 2.0. Bone marrow biopsy
was obtained on the 22nd of August; this revealed modest cellularity. White
blood cell precursors were noted to be present. Hematology-Oncology recom-
mended that EBV, CMV, hepatitis core antigens and antibodies be obtained; this
was done. Hematology also recommends that follow-up titers be obtained on the
5th of September.
By the 22nd of August, the rash was resolving. His white count returned to
normal by the time of discharge, and began to rise on the 24th of August. On
the 23rd of August, Ophthalmology saw the patient again in follow-up and
recommended that a patch be applied to the right eye for relief of his deve-
loping diplopia. On the 24th of August, Hematology-Oncology noted that the
patient's iron stores were depleted and recommended that iron sulfate. 300 mg.
t.i.d. be instituted for about six months.
The patient underwent another repeat CT scan which showed some resolution of
the ring enhancement noted on the previous scan. Also noted at this time was
the patient's reaction to contrast dye. By the time of discharge, the
`f
RM•161.340
. � . .
MEDICAL k__-NT;=R
` ^ Street
Sar�Dh»Qm, CA 92103'9981
^ `
~ .
DISCHARGE SUMMARY
`
R&BY^ Michael
I 04 25 98
-5-
patient's neurological examination revealed an alert and oriented times three,
cranial nerve VII on the right was diminished, strength was 5 minus/5
throughout. Deep tendon reflexes revealed a mild left hyperreflexia again,
oI000a was still present bilaterally.
DISCHARGE DIAGNOSES: l. Status pout right parietal depressed skull fracture.
2. Status post right orbital fracture.
` !
' ]. Status Dost right zygoma and maxillary sinus
fractures.
'
4. Dilantin hypersensitivity.
S. Allergy to contrast dye-
-/
CONDITION ON DISCHARGE: Good, '
DISCHARGE MEDICATIONS: Iron sulfate ]OO mg. p.o. t. i.d.
OPERATIONS: 1- Scalp debridement and right orbital decompression times
two.
2. J{iqbt zygoma reduction. ,
'
3. Right tarsorrhaphy.
'
DISPOSITION: Tbe*�patieut is to return home to Chicago with his mother. He
will be referred to adootoc there by Dr. Lawrence MacobaIl .bere. It is
expected that an ophthalmologist will see him and make further. recommendations
as to his diplopia.
pDyp�CIAN,S INSTRUCTIONS RE PATIENT ACTIVITY: The patient should not drive
for a period of mix months while his seizure status is being evaluated off
anti-convulsants. Be should not work around heavy equipment. He should not
become involved in contact sports. Otherwise, his activity should be ad lib.
Dalrvmo�e,'y8' D. `
Neurosurgery Resident I
'
AMD:br
T 8-28-84
v� �
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-D]14915-7919 � � .
1 I , the undersigned, declare as follows:
2 I am now and at all times herein mentioned have
3 been a citizen of the United States, over the age of eighteen
4 years, a resident of Santa Clara County, California, and not a
5 party to the within action or cause; that my business address is
6 111 West St. John Street, San Jose, California; that I served a
7 copy of the attached Application for Leave to Present Late
8 Claim by placing a copy in an envelope addressed to:
9 STATE OF CALIFORNIA
STATE BOARD OF CONTROL
10 926 J Street, #316
Sacramento, CA 95814
11
COUNTY OF CONTRA COSTA
12 BOARD OF SUPERVISORS
651 Pine, Room 106•
13 Martinez, CA 94553
14 which envelope was then sealed and, with postage fully prepaid
15 thereon, was on July 1, 1985 deposited in the United States mail
16 at San Jose , California; that there is delivery service by
17 United States mail at the place _ so addressed, or that there is
18 regular communication by mail between the place of mailing and
19 the place so addressed.
20 I declare under penalty of perjury that the foregoing
21 is true and correct. Executed on July 1, 1985 at San Jose, Cali-
22 fornia.
23
t
24
25
Janet Grif
� '
i
26