HomeMy WebLinkAboutMINUTES - 01082008 - C.25 (12) CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
•
BOARD ACTION: JANUARY 08, 2008
Claim Against the County, or District Governed by )
the Board of Supervisors, Rout in Endorsements, ) NOTICE TO CLAIMANT
and Board Action, All Section er The copy of this document mailed to
California Government Codes Y' V you isour notice of the action taken
DEC 05 y
2007 on your claim by the Board of
Supervisors. (Paragraph IV below),
COUNTY COUNSEL
MARTINEZ CALIF. given Pursuant to Goverment Code
AMOUNT: IN EXCESS OF THE JURISDICTIONAL Section 913 and 915.4. Please note all
LIMIT OF THE UNLIMITED SUPERIOR "Warnings".
CLAIMANT: COURT
NIRMAL S. BAINS AND KAKO BAINS
ATTORNEY: JAMES J. O'DONNELL DATE RECEIVED: DECEMBER 05, 2007
O'DONNELL & SMITH
ADDRESS: 309 LENNON LANE, 4101 BY DELIVERY TO CLERK ON: DECEMBER 05, 2007
WALNUT CREEK, CA 94598 RECEIVED FROM ONE HOUR
BY MAIL POSTMARKED: DELIVERY
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated: By: Deputy
DECEMBER 05, 2007 JOHN CULLEN�9r _
11. FROM: County Counsel TO: Clerk of the Board of Sofervisors
(+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. The 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: 7Z-7- 0 7 By: Deputy County Counsel
III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. OARD ORDER: By unanimous vote of the Supervisors present:
( This Claim is rejected in full.
O Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Date m affN CULLEN, CLERK, By Deputy Clerk
WARMING (Gc,14, . code section 913)
Subject to certain exceptions,you have only six(6) inontlrs from the date this notice was personally served
or deposited in the ntlil 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 wide this matter. If'you want to consult an
attorney,you should do so immediately. *For Additional Wai�iiitg See Reverse Side of Tlris Notice.
AFFIDAVIT OF MAILING
I declare under penalty of perjury that i am now, and at all times herein mentioned, have
been a citizen of the United States, over age 18; and that today I deposited in the United
States Postal Service in Martinez, California, postage fully prepaid a certified copy of this
Board Order and Notice to Claimant, addressed to the claimant as shown above.
Date HN CULLEN, CLERK By �/ ��eputy Clerk
This warning does not apply to claims which
are not subject to the California Tort Claims
Act such as actions in inverse condemnation,
actions for specific reliet' such as mandamus or
injunction, or Federal Civil Rights claims. The
above list is not exhaustive and legal
consultation is essential to understand all the
separate limitations periods that may apply.
The limitations period within which suit must
be tiled may be shorter or longer depending on
the nature of the claim. Consult the specific
statutes and cases applicable to your particular
claim.
The County of Contra Costa does not waive any
of its rights under California Tort Claims Act
nor does it waive rights under the statutes of
limitations applicable to actions not subject to
the California Tort Claims Act
BOARD OF S'U-PERVLSORS OF CONM4.COSTA CONY
INSTRUCTIONS TO C`l�4LN1ANI
' A. A claim relating to a cans- of action for death or for injury to person or to personal p operty or
growing crops shall be presented not later than sic months after the accrual of the cause of
action. A claimer relating to any other cause of action shall be presented not later'than one year -
after tlZe accrual of the cause of action.
(Gov. Code § 911.2.)
B. Claims must be tiled with the Clerk of the Board of Supervisors at its Oface in Room 106,
County Administration Building, 651 Pine Street,Martinez,CA 945 53)
C. if claim is against a district governed by the Board of Supervzsozs, rather than the County, the
name of the District should be filled in.
D. Ff the claim is against more than one public entity, separate claims must be filed agaias: each
public entity.
E. Fraud. See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form. :
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RE; Claim By; Reserved for Clerk's filing stanp
NIRMAL S. BAINS )
KAKO BAINS ) RECEIVED
Against the County of Contra Costa or l) �t� 0 5 LUU1
District] CLERK BOARD OF SUPERVISORS
l CONTRA COSTA CO
(Fill fa the name) )'
The;mdersigned claimant hezzby =.,Akes claim aga =t' e County of Contra Costa or the above-named
district is the=of$ in excess and izi support of this claim represents as follows;
of the jurisdictional limit of the unlimited Superior Court
1. When did the damage or injury occur? (Give exact date and hour)
Starting June 18, 2007
2.
'Where did the damage or injury occur? (Include city and county)
Contra Costa Regional Medical Center (CCRMC)
2500 Alhambra Avenue, Martinez, CA
�. How did the damage or injury occur? (Give full details;use e)tra_ paper if required)
See Exhibits "1 -3" , attached.
4. What particular act or omission on the part of county or district officers, servants"or employees
caused the injury or damage?
See Exhibits "1 -3", attched.
5 'W'hat are the names of county or district officers, servants, or employees causing the
damage or injury?
Nanda Sinha, M.D. , Melissa Hubiak, m.D. , other
medical providers at CCRMC
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NO. 399 f. 3
" 6. Wl]a dame or injuries do your claim resulted? (Give full extent of injuries or damages
claimed. Attach two estimates for auto damage.)
See Exhibits "1 -3" , attached.
7. Now was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage)
See Exhibits "1 -3" , attached.
8. Names and addresses of w7nesses, doctors;and ho pals:
Medical care providers at Contra osta Regional Medical
Center in Martinez and UCSF Medical Center in San Francisco _
9. List the expenditures you made on account of this accident or injury.
DATE ME AMOUNT
See Exhibits "1 -3" , attached.
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.Gov. Code Sec. 9102 pro-vides"The claim shaIbe
) sued by the claimz,.t1 PC
e sone person on his
behali
SEND NOTICES TO: (Attornev) 1 -. �,,e, v f
Name and address of Attorney )
James J. O'Donnell, Esq. ) NIRMAL S. BAINS and KAKO BAINS
O'DONNELL & SMITH
309 Lennon Lane, #101 ) (CLzznt's Signature)
Walnut Creek, CA 94598 )
80 W. Hookston Rd. , #219
(Address)
Pleasant Hill, CA 94523
Telephone No. ( 925 ) 935-1707 )Telephone?va. 925/408-8746
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PUBLIC RECORDS 1\OTICE: _
Plea=,e be advised tha:this claim form, or any claim flied with the Cc=-t;,under the Tort Claims Ac` is subject to
public disclosure under the California Public Records Act, (Gov. Cod- §s 6500 et seq.) Furthermore; =f
auachznen1-1,addand»ms, or supplements atl`ched to the claim form, including medical rexrds, are also subje:t to
public disclosure.
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NOTICE:
Section 72 of the Penal Code provides' =
Every Peron who, with intent to defraud, presents for allowance or for payment to ary state board or ofic�tr, or
to any count, city, or district board or oEicer, author><,ed to aLow or pay the same a*genuine, anv false or
fraudulea, claim, bill, account voucher, or vvritra�, is punishable ei$er by imprisonment the Countyjail for a
perod of mot more than one year, by a rine of not
(S 10,000), or by both such imprisonment and tee. =a eding one taousand dollar-s.($1,000.00), or by both s=h
impriso�ent and fine, or by imprisonment in the ate prison,►by a fine of not exceeding ten thoasa:d dollars
EXHIBIT 1
Claimant NIRMAL BAINS complains of CONTRA COSTA COUNTY and alleges:
1. From on or about June 18, 2007, and for some time prior to and thereafter,
Claimant NIRMAL BAINS consulted CONTRA COSTA COUNTY's Regional Medical
Center ("CCRMC")in Martinez for the purpose of obtaining diagnosis, care, and treatment
in connection with his medical conditions, including, but not limited to severe osteoarthritis
in his right knee, and employed the CCRMC to examine, diagnose, treat, and care for
Claimant for compensation, which Claimant agreed to pay. CCRMC undertook, individually
and by and through their agents, servants and employees, to examine, diagnose, treat,
prescribe for and care for Claimant, including but not limited to examining, diagnosing,
providing to and prescribing for and administering various drugs and medications and
performing certain diagnostic tests and procedures, and CCRMC did examine, treat,
prescribe and care for Claimant by means of various procedures, including but not limited
to physical examinations, testing, surgery, and the administration of certain drugs and
medications.
2. At all times and places mentioned herein, CCRMC, carelessly and negligently
instructed, examined, diagnosed, prescribed for, performed tests on, cared for and treated
Claimant for his medical conditions, and CCRMC provided hospital, medical, laboratory, x-
ray, surgical and other medical services, care, and attention in a careless and negligent
manner. CCRMC carelessly and negligently managed the medical care and treatment, and
carelessly and negligently failed to monitor and supervise the condition of the Claimant, and
carelessly and negligently failed to administer appropriate care and to monitor, supervise and
diagnose the condition of the Claimant, all of which, among other things, directly and
proximately resulted in certain permanent injury and disability to said Claimant, including
but not limited to his requiring an above the knee amputation of his right leg, all to his
general and special damage in an amount in excess of the jurisdictional limits of the
unlimited Contra Costa Superior Court.
3. As a direct and proximate result of said carelessness, negligence, acts,
omissions and conduct of CCRMC Claimant received certain and severe injuries, including
but not limited to the conditions, procedures and surgeries above-described, with impairment
of mental and bodily function, and he has suffered and will continue to suffer great physical
pain and mental suffering, and he has been impaired in his mental and physical capacity, all
of which will result in certain permanent disability to Claimant, all to his general and special
damage in an amount in excess of the jurisdictional minimum of the unlimited Contra Costa
Superior Court .
4. As a direct and proximate result of said negligence, acts, omissions and
conduct of CCRMC, and each of them, and of said injuries caused to Claimant, Claimant
was required to and did incur expenses for services of hospitals, doctors, surgeons and other
medical care and treatment in an amount not now known to him, and Claimant is informed
and believes and upon such information and belief alleges that he will incur additional
expenses in the future in an amount not now known to him.
5. By reason of the above, Claimant is informed and believes and upon such
information and belief alleges that he will suffer additional special damages in the future,
including lost earnings and lost earning capacity, all these damages existing in a presently
unascertained amount as such loss is not yet determined
6. As a further direct and proximate result of said negligence, acts, omissions and
conduct of CCRMC, and each of them, and of said injuries to Claimant, Claimant was
prevented from attending his usual activities and occupation, and Claimant is informed and
believes and upon such information and belief alleges that he will be prevented from
attending to his usual and anticipated activities and occupation in the future, all to
Claimant's damage in an amount not now known to Claimant.
Claimant KAKO BAINS complains of CONTRA COSTA COUNTY and alleges:
1. At all times mentioned herein, Claimant KAKO BAINS was and still is the wife
of Claimant NIRMAL BAINS.
2 At all times herein mentioned, Claimant KAKO BAINS was a person to whom
harm was reasonably foreseeable as a consequence of the existing marital relationship.
3. As a direct and proximate result of said acts, omissions and conduct of CCRMC
noted above, Claimant KAKO BAINS suffered the loss of support, services, love,
companionship, affection, security, sexual relations and other elements of consortium with her
husband NIRMAL BAINS, all to her general damage in excess of the jurisdictional limit of the
unlimited Contra Costa County Superior Court.
EXHIBIT 2
CONTRA COSTA HEALTH SERVICES MR#: 00-75-42-37-6
CCRMC,Martinez Health Centers NAME: Bains,Nirm_al S
2500,Alhambra Avenue,Martinez, CA 94553 DOB: 03/26/1927
OPERATIVE REPORT
DATE: 06/18/2007
SURGEON: Nanda Sinha,MD
FIRST ASSISTANT: Melissa Hubiak, MD
ANESTHESIOLOGIST: Nazia Choudhury,MD
PREOP DIAGNOSIS: Osteoarthritis, severe of the right knee.
POSTOP DIAGNOSIS: Osteoarthritis, severe of the right knee.
PROCEDURE DONE: Right total knee replacement using Zimmer's NexGen posterior cruciate
stabilized system using bone cement containing gentamicin.
TYPE OF ANESTHESIA: Epidural.
INDICATIONS AND FINDINGS: This 80-year-old had right knee pain, stiffness of many years
duration in the past. He had a sustained a fracture of the shaft of the tibia and the lateral tibial plateau
fracture with depression of the fracture resulting in significant osteoarthritic changes of the lateral
compartment. He has also significant narrowing of the medial compartment on x-ray with osteophyte
formation. Examination of the knee showed range of motion to be lacking 10 degree of extension,
flexion to 110 degrees with good stability of the medial lateral ligament. Intraoperative findings showed
significant osteoarthritis with osteophyte formation in all 3 compartments with loss of articular cartilage
over the medial femoral condyle and lateral tibial articular surface.
PROCEDURE: After satisfactory induction of epidural anesthesia,the patient was placed supine on the
operating table. Right leg was prepped and draped with sterile towels. Tourniquet was placed in the
upper thigh and inflated to 275 mmHg. The patient had received 1 g of Ancef preoperatively. Straight
midline skin incision was made and dissection was carried down to the patella and the medial
retinaculum. The joint was opened through a medial parapatellar incision with extension into the
quadriceps tendon. The patella was displaced laterally. The cruciate ligaments were removed. The
osteophytes were removed. Intramedullary guide was used on the femur to make the first distal cut.
After sizing for the femoral prosthesis, the rest of the femoral cuts were made using the guide. The
proximal tibial osteotomy was made using the extramedullary guide. The patella was prepared using free
hand technique. A special block was used to balance the ligaments of the knee with good stability both
in flexion and extension with 14-mm spacer with good alignment in terms of varus valgus alignment.
Thorough irrigation of the cut surfaces of the bones was carried out at-this time with pulsatile lavage.
Palacos-G bone cement was mixed in the back table and the final components were implanted. Initially,
the tibial component,next the femoral component, and thirdly the patellar button. After the implantation,
trial tibial polyethylene was used to find the one that provides good stability. A 12-mm implant was
found to have stability in both in flexion and extension in varus and valgus. After inserting the 12-mm
final polyethylene insert, the Hemovac drain was placed inside the knee joint and the tourniquet was
ORIGINAL OPERATIVE REPORT
Page 1 of 2
MR#: 00-75-42-37-6
NAME: Bains,Nirmal S
deflated. At this time,the significant venous bleeding from the cut surfaces of the bone as well as from
the surrounding tissues, there was no individual arterial bleed or individual significant bleeders noted at
this time. At this time,the tourniquet was rcinflated. Hemostasis was made at this time using any
identifiable bleeding point and the knee was closed in routine fashion using number 2 FiberWire for the
capsule. Subcutaneous tissue was closed using 2-0 nylon skin closure with interrupted metallic staples.
Sterile dressings applied supplemented by an Ace bandage and a splint in order to reduce the venous ooze
from the cut surfaces and surface of the dissection Estimated blood loss about 200 to 300 mL. There
was no complication of surgery or anesthesia. The patient was taken back to the PACU in good
condition.
POSTOP CARE: The total knee arthroplasty protocol would not be followed in this case because of
significant venous ooze from the cut surface of the bone. The continuous passive motion device would
not be used instead the patient would ambulate with crutches or walker with weightbearing as tolerated
with the leg in straight position using a splint. The Hemovac drain will be removed at 24 hours. At this
time, Lovenox would be given subsequently twice a day. Ancef will continue for a total duration of 24
hours. Postoperatively,the splint and the dressing will be removed at 48 hours and if there is no bleeding
from the incision site or hemarthrosis, either the CPM or supervised range of motion exercises with the
physical therapy would be begun. However,the patient may be discharged at 4th or 5th postoperative
day once the pain is under control and bleeding has been controlled with good hemoglobin and
hematocrit value. Postoperative x-ray in the recovery room showed satisfactory alignment of the implant
with good varus valgus correction and good cementation. The patient will continue on Lovenox for total
duration of 2 weeks, at which time, the patient will be seen in the orthopedic clinic and staples will be
removed. Lovenox will be discontinued and the patient will take aspirin 325 mg once a day for 3
months.
Signed by Nanda Sinha,M.D. on 06/25/2007
Nanda Sinha,M.D.
NS/mtB43 D: 06/19/2007 00:32:16 T: 06/19/2007 20:53:47 Job: 1783167/ 181530
r
ORIGINAL OPERATIVE REPORT
Page 2 of 2
EXHIBIT 3
INTERIM HOSPITALIZATION SUMMARY
UCSF Medical Center
This confidential patient information is intended only for the -
use in the provision of health care to an individual ; or the past,
present or future payment for the provision of health care to an
individual
MRN: 48343724 Visit # : 013180280
Patient : BAINS, Nirmal Provider:REISERER, JENNIFER
Date Entered: 29Jun07 11 : 01am Date of Service : 29Jun07 9 : 00am
-- - - - - - - - - --- - - ------------ - ---- - - - - - --- - - - - - ---------- - - - - - - - - - - -- - --- - --- - ---
Vascular Surgery Transfer Summary
Bains, Nirmal
MR 48343724
DOB: 03/26/1927
Attending : Charles Eichler MD
Admission Date : 6/22/07
Transfer Date : 6/29/07
HPI : 80 y/o male w/HTN, CRI , DJD, s/P total R knee replacement 6/18 at OHS
complicated by compartment syndrome and occluded popliteal artery on CTA at
level just proximal to knee. Pt transferred to UCSF for assessment, possible
revascularization, intervention.
PMH:
HTN
CRI w/baseline creatinine 1 . 9
DJD
Hyperlipidemia
PSH:
R total knee 6/18/07
NKDA
Transfer Meds :
Toprol XL 100mg PO daily
Lasix 20mg PO daily
Nifedipine XL 90mg PO daily
Lipitor 40mg PO daily
Colace 250mg PO BID
ASA 81mg PO daily
Zantac 150mg PO BID
Heparin gtt
Hospital Course:
Procedures :
6/22/07 Abdominal Aortogram; Right lower extremity angiogram w/run off ,
catheterization of contralateral iliac artery and right popliteal artery
6/26/07 Right above knee amputation
Pt transferred and admitted to UCSF Medical Center on 6/22/07 w/cold RLE from
knee down, no sensation or motor function. Pt taken emergently to the OR for
aortogram, right lower extremity angiogram w/run off . Pt tolerated procedure
well , was awake post operatively and transferred to recovery. Angiography
INTERIM HOS P I T A -L ZATI ON SUMMARY
UCSF Medical Center
This confidential patient information is intended only for the -
use in the provision of health care 'to an individual ; or the past,
present or future payment for the provision of health care to an
individual
MRN: 48343724 Visit #: 013180280
Patient : BAINS, Nirmal Provider:REISERER, JENNIFER
Date Entered : 29Jun07 11 : 01am Date of Service : 29Jun07 9 : 00am
- - - - - -- ---- - - - - - - ------- ----------- - --- - --- - - - - - - - -- - - --- - - --- ----- ---- - - - -- -- -
revealed occlusion at. level of right popliteal artery w/no distal target for
bypass . RLE fasciotomy sites revealed necrotic tissue during exploration in
OR, wound vac applied. Pt ultimately transferred back to floor.
POD 1 pt initiated on Heparin gtt . Pt' s Hct down to 21 . 2 by midnight and pt
transfused w/2units PRBC' s. Pt ' s creatinine also was trending upward to 2 . 0 .
with concern for rhabdomylisis vs ATN although CKMB remained 35 and pt
continued to have adequate urine out . Pt required further resuscitation over
next couple of days w/PRBC' s . Pt' s family at this time very concerned
regarding condition of pt' s leg, but also not ready or willing to ccnsent for
AKA.
Unfortunately, pt' s condition continued to deteriorate w/WBC and creatinine
continuing to elevate, pt w/increased neuropathic pain in RLE . After much
discussion w/pt' s family regarding acuity and seriousness of pt ' s condition,
consent was given to procede w/AKA.
Pt underwent AKA on 6/26/07 . Pt tolerated procedure well initially, was awake
postoperatively and transferred to PACU. Pt became hypotensive, 63/49, in
early a.m. POD1 w/Hc.t 16 m/1 retroperitoneal hematoma 2/2 anticoagulation. Pt
resuscitated w/4 units PRBC' s and 1 unit FFP and transferred to ICU. Pt also
went into ARF w/UO down to 30cc/hr.
On POD 1 from R AKA pt continued to require transfusion w/2 units PRBC' s . Pt
found to be tachypneic requiring 4L 02 and chest x-ray showing pulmonary
edeam. Pt responed well to diuresis w/40mg IV lasix w/ ease in respiratory
status and good urine output .
The remainder of the patients hospitalization was unremarkable. His AKA
dressing was taken down on POD 3 revealing a well healing incision w/staples
in place, well approximated and slight erythema at lateral incision . Pt
continues to have 2+ pitting edema requiring daily--lasix for diuresis . Pt
tolerating regular diet .
Disposition: Transfer to Contra Costa Hospital
Instructions :
Regular diet .
Full weight bearing on LLE.
Monitor right AKA for s/s of infection including but not limited to erythema,
swelling, heat, purulent drainage, fever or skin breakdown.
Wound care to R AKA: xeroform and Kerlix daily
Continue IV Abx for lateral incision erythema
Remove staples in 2-3 weeks
PT/OT for strength and transfer training
Okay to shower, no soaking/swimming
Meds .
Ancef lgm IV q8h
Toprol XL 100mg po qd
Lasix 20mg po qd
INTERIM H O S P I T A "L R A T ION SUMMARY
UCSF Medical Center
This confidential patient information is intended only for the -
use in the provision of health care to an individual; or the past,
present or future payment for the provision of health care to an
individual
MRN: 48343724 Visit #: 013180280
Patient : BAINS, Nirmal Provider:REISERER, JENNIFER
Date Entered: 29Jun07 11 : 01am Date of Service: 29Jun07 9 : 00am
- - - - -------- --- ------- - - ------------- --------- ---- - - -- - - - -- - - -- -------- - - - -- -- -
Nifedipine XL 90mg po qd
Lipitor 40mg po qd
Colace 250mg po bid
Zantac 150mg po bid
Percocet 1-2 tabs po q4h prn pain
Dilaudid PCA (0 .2mg injection g6min, 0 . 6mg bolus qlh prn)
Heparin 5000units SC BID _
Condition at transfer: fair
Transfer diagnosis : Severe ischemia right lower extremity
Signed By: JENNIFER REISERER AH ID# : 62374
Electronically Signed: 29Jun07 12 :20pm