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HomeMy WebLinkAboutMINUTES - 10282008 - C.15 (15) CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: OCTOBER 28, 2008 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorse ents, ) NOTICE TO CLAIMANT and Board Action. All Section references a to - ) The copy of this document mailed to California Govermnent Codes. � you is your notice of the action taken on your claim by the Board of SEP Supervisors. (Paragraph IV below), given Pursuant to Government Code AMOUNT: $70,000.00 COUNTY COUNSEL Section 913 and 915.4. Please note all MARTINEZ,CALIF. "Warnings". CLAIMANT: ELIZABETH A. TATE/GEORGE D. CARTER SEPTEMBER 23 2008 ATTORNEY: i7IVIfNOWN' DATE RECEIVED: ' ADDRESS: P.O. BOX 661 BY DELIVERY TO CLERK ON:SEPTEMBER 23, 2008 RICHMOND, CA 94808 HAND DELIVERED BY MAIL POSTMARKED: FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. SEPTEMBER 23, 2008 DAVID TWA, Cle Dated: By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Su rvisors Par-hal/y (v)'This claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). (vY O � el Other: 1IS 141M S +M,6, as -A.) GCC C-14 purn�-1,7 o 0/'1 a--Fkr Marco 2 ZOo$, A//C�4i� r //IC/e%r/ OCLv rein /O/ '/U /YIa�c6i Z3,�tD8 e r-e (4 4' VI.-- An ct //Gtc vn Pie4src sec- ,S-- Ca Dated: 9-.23-0-r- By: /71_?bLe i- Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) O Claim was returned as untimely with notice to claimant (Section 911.3). IV/BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated✓ 8,WDAVID TWA, CLERK, By Deputy Clerk WARNING(Gov. code section 913) Subject to certain exceptions,you have only six(6)months from the date this notice was personally served or deposited in the mail to We 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. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that 1 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. Dated/h�"Ut/o29 4-SORDAVID TWA, CLERK, By Deputy Clerk 1 This warning does not apply to:claims which are not subject to•the_CaliforniaJort Claims .� Act such as actions'in inverse condemnation, actions for specific;relief such as',maudamus or � Yr injunction, or Federal Civil Rights claims. The above list is not ezliaugtive and legal u Q4 . consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed 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 OFFICE OF THE COUNTY COUNSEL 5> L SILVANO B. MARCHESI COUNTY OF CONTRA COSTA t� COUNTY COUNSEL Administration Building :- _ �,• 651 Pine Street,91"Floor a —`` a SHARON L. ANDERSON Martinez,California 94553-1229 :` CHIEF ASSISTANT (925)335-1800 tp GREGORY C. HARVEY (925)646-1078(fax) ,, ' O VALERIE J. RANCHE ` 'Cq ASSISTANTS OOsr"��COUx�• NOTICE OF UNTIMELINESS AS TO A PORTION OF THE CLAIM October 2, 2008 TO: Elizabeth A. Tate Post Office Box 661 Richmond, CA 94808 RE: CLAIM OF: Elizabeth A. Tate/George D. Carter Please Take Notice as Follows: In regards to the claim you submitted on September 23, 2008 on behalf of Elizabeth A. Tate and George D. Carter, portions of the claim are timely and portions are untimely. The portions of the claim prior to March 23, 2008 that you presented against the County of Contra Costa governed by the Board of Supervisors fail to comply substantially with the requirements of California Government Code Sections 901 and 911.2, because they were not presented within six months after the event or occurrence as provided by law. Because the portions of the claim prior to March 23, 2008 were not presented within the time allowed by law, no action was taken on those portions of your claim. The claim was forwarded to the Board for action only on the timely portions of the claims. The only recourse at this time is to apply without delay to the County of Contra Costa governed by the Board of Supervisors for leave to present a late claim as to the claims which are untimely. See Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code. Under some circumstances, leave to present a late claim will be granted. See Section 911.6 of the Government Code. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. SILVANO B. MARCHESI COUNTY COUNSEL By:11-1wa a4mia Monika L. Cooper Deputy County Counsel Page 1 CERTIFICATE OF SERVICE BY MAIL (Code Civ. Proc., §§ 1012, 1013a, 2015.5; Evid. Code, §§ 641, 664) I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is Office of the County Counsel, 651 Pine Street, 9th Floor,Martinez, CA 94553-1229. On Octobeo,>08, I served a true copy of this Notice of Untimeliness as to a Portion of the Claim by placing the document in a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez, California addressed to Elizabeth A. Tate, Post Office Box 661, Richmond, CA 94808 as set forth above. I am readily familiar with Office of County Counsel's practice of collection and processing of correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed on October t Martinez, California. Paula Webb cc: Clerk of the Board of Supervisors(original) Risk Management Page 2 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be.presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each. public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. ■tt■■t•■tt■■ttttttt■tMt■ Ron■■tttttttttt■ttttttttttt■■c■21 RE: Claim By: nn Reserved for Clerk's filing stamp L`sk �' ��4�CAervle C2 ) REMYE® SEP z 3 2008 joir /Q czo �jY�'� CLERK BOARD OF SUPERVISORS st CONTRA COSTA CO. (Fill in the-the-nam )e)e ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of 006 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 3g/8 2. Where did the damage or injury occur? (Include city and county) V`IZ:R__ q62 Cat Co✓41rcl. C 6 S _6+ ctt " J 3. How did the damage or injury occur? Give de 'ls;use extra paper if required) 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? ,g 5 What are the names of county or district officers,-servants, or employees causing the damage or injury? � c IVItD -br. W A4� ( A I fee_ i ID$ 6. WL-at da.-Luage or injuries do your claim resulted? (Give full extent of injuries or damages maimed. Attach two estimates for►a�ut damage.) 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage,) j too o ,elg- d A i9'e- ,paP-� earc due M � Pa lSe S�� �e cvreS �ello�a !� h&� h�� es, i s �� Utz 8. Names an addresses of esses, docto , an hos i s` 9. List the expenditures you made on account of this accident or injury: DATE TIME AMOUNT 319q lja . U(t �bW,� Sar amagauzolausmannumanuWa..........umalMEMBERS Sunman was maaaaaaa aaa aaaaaaa a a as aaaaaaaaal .Gov. Code Sec. 910.2 provides "The claim shall be signed by the claimant or by me person on his behalf �7i� ��� � �Q�v SEND NOTICES TO: (Attorney) ) �i Name and address of Attorney e' (Claimant's Signature) (Address) Telephone No. ) Telephone No. J/0 / C� anumbommuzzananEVEN aSusan aaMason IF a a a aaaaaaa 9 a a as a aaaaa a aaaa■aa aauaaaaaaa aa■aaaaaaaat PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. a.man aaaaaaa.aaaaaaaBONN aaaaaa.asaaaaaaaaaaaaa as aaaaa.aaaaaa aa■aaaa aaaaa■ a.a ■aaaaaaai NOTICE: Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. "Answers to Claimants Claim for Pain and Suffering" ELIZABETH A.TATE/GEORGE D.CARTER 1 . From 3/20/2008 TO 04/19/2008 2. Contra Costa Regional Medical Center, located in Martinez,CA, Contra Costa County. 3. On 03/20/2008 three days after being admitted into the hospital Patient, was taken into surgery to alleviate her bowl obstruction, it was at this time surgeons Dr. Weiss and Dr. Miller,realized the extent of Annetta's disease. They made the decision to close her up, without attempting any other interyention. Annetta was at that time put on what they call Comfort Care. Annetta, was not given I. V. Fluids, Recreational Foods, No Lab work was done. No Chemstick Checks, Her Vitals were not being checked on a Regular Basis, this was not done for 7 days after her surgery on 03/20/2008. Basically Annetta was left to DIE with no intervention to prolong her life. 4. Even though Annetta, Her Husband and Her Son in no uncertain terms made it very Clear to the Physicians that she was not in agreement with there Diagnosis of her illness being Terminal. (As C/ear/y Noted in the OFFSERV/CE PROGRESS NOTES DICTATED BY DR.JEREMYFISH.). We feel that Patients Son and Husband was caused a great deal of Pain and suffering because of the Doctors refusal to accept the Patient and her families decision to continue to fight for her life until the very end. The patients son repeatedly requested food and other interventions be given his mother but to no avail. After persistent and constant request for Food and I.V.Fluids, patient's son called his aunts and it was at that time the discovery was made that the reason Patient was being treated in this manner because Dr. Stephen D. Wise and Dr. Pring) Miller, caused false information to be put into her file. Information such as a DN//DNR (Do not intubate or Do not Resuscitate ) into her file. As mentioned above Patient was placed on COMFORT CARE/HOSPICE CARE, without her or any of her immediate family members permission or agreement. When questioned about this several different times and numerous meetings the information was removed from her file and Patient was removed from COMFORT CARE/HOSPICE CARE, and at that time was placed on a regimen of Recreational Foods, I.V. Fluids and Vitamin Bags, this however was 7 or so days after her surgery and 2 to 3 weeks after her admission into the . . .. ,. , . .. . �. - . ; ;� ,. • � , .. � - ., .. .k � ,. , . . "Answers to Claimants Claim for Pain and Suffering" hospital. After the discovery of the false information and due to the hospital and doctor's refusal to remove the information from her file, Annetta, was forced to endure at least 3 or more meetings in order to insure that both doctors and staff knew and was very clear on the fact that she had not and would under no circumstances, sign any form that would allow her to just die and not be resuscitated or intubated, in order to continue to give her a chance to fight for her life. These meetings were very hard on her and caused a great deal of stress and strain on her as well as causing the same for her son husband, and other family members. 5. Dr. Stephen D. Wise MD and Dr. Pring) Miller MD. 6. We feel that the patients Son suffered and was caused great Pain due to the neglect of his mother, he was forced to sit and watch his mother slowly waste away with no food or vitamins. George (patient's son) has become withdrawn and depressed due to this situation. He at times becomes very angry and at other times he is very sad and depressed, he feels that if the attending Physicians would not have fraudulently placed information into his mothers chart then she may have lived a little longer. 7. Patient was devoid of competent care for 7 days. We feel that George should be paid the sum of 10,000.09 per day for the 7 days he was forced to sit by and watch his mother suffer'needless ly. 8. Andrea Taffe: Nurse @ Stanford Medical Center SF,CA 284 12TH AVE # 3,San Francisco,CA 94118 Almon Simpson: Retired: 2743 FOOTHILL AVE, Richmond,CA 94804 9. 03/27/2008: $32.75, 04/01 /2008: $1200 , 05/01 /2008, $1200, due to George Losing his,Job because he was afraid to leave his mother under the care of the staff @ the Medical Center. CLAIMANTS CLAIM(ELIZABETH TATE/GEORGE D.CARTER) • � ;., ,� . t _ i p ` o i... .. :1'. t` �. _ �/ .. . ... ,. ... ._ ,l� .. .... .. � r ... .. r . . ' . ...x,. .. �� .. _ _ .. '. . .. _ � ,iC .f-i F. /\.