HomeMy WebLinkAboutMINUTES - 06272000 - C20-C21 CIAIM
BOARD OF SIME i, SM OF COP 3:RA C "TA CQ=o CALUMNIA
BOARD ACTIO JUNE 27, 2000
Claim Against the County, or District Governed by }
the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT
and Board Action. All Section references are to } The copy of this docurrent rneiled to you is your
California Government Codes. } notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
pursuant to Goverreent Code Section 913 and
815.4. Please note all "Warnings".
AMOUNT: $42.00
CLAIMANT: Valerie Steele V?N11ci'tN 'Z'CALIF-
ATTORNEY: DATE RECEIVED: June 2, 2000
ADDRESS: 483 - 2nd Street BY DELIVERY TO CLERIC ON: June- 2, 2QQQ
Richmond CA 94801
BY MAIL POSTMARKED: .-Ij.nrp-aciabl
L FROM: Clerk of the Board of Supervisors Thi} County Counsel
Attached is a copy of the above-noted claim.
PHIL BATg4ELOR, Clerk
Dated: June 5, 2000 By: Deputy
IL FROM: County Counsel TO: Clerk of the Board of Supervisors
( ) This claim complies substantially with Sections 910 and 910.2.
(This claim FAILS to comply substantially with Sections 910 and 910.2, and we we 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 911,0.
( ) Other:
1
Dated t-c^�C By: � l,i,,.Deputy County Counsel
IIT. 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. 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 minu/ties,for this date.
Dated: C�� M1, BATCHELOR, Clerk, By .�'In-/ '�.k.' 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 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. *For Additional "Warning See Reverse Side of This Notice.
AFFIDAVIT OF MAIIJNG
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.
21
Dated: By: PHIL BATCHELOR By putt' Clerk
CC: County Counsel County Administrator
,'�' �• '`
VICTOR J.WESTMAN DEPUTIES:
PHILLIPS.ALTHOFF
COUNTY COUNSEL JANICE L.AMENTA
NORA G.BARLOW
B.REBECCA BYRNES
SILVANO B.MANTYCOU CONTRA COSTA COUNTY MONIKAL COOPERANDREA W. Y
CH IEF ASSISTANT COUNTY COUNSEL VICKIE L.DAWES
OFFICE OFTHE.COUNIY�COUNSEL MARKES.ESTIS
SHARON L.ANDERSONMICHAEL D.FARR
COUNTY ADMINISTRATION BUILDING LILLIAN T FUJI1
ASSISTANT COUNTY COUNSEL 651 ItN STREET, �CC1R DENNISC.GRAVES
JANET L.HOLMES
MARTINEZ, CALIFORNiA9?t a3.1 29 K€VINT.KERR
GREGORY C.HARVEY BERNARD L KNAPP
ASSISTANT COUNTY COUNSEL EDWARD V LANE,JR.
BEATRICE LIU
MARY ANN MASON
CyAYLE MUGGLI PAUL R.MUNIZ
VALERIE J.RANCHE
OFFICE MANAGER STEVEN P RETTIG
NOTICE OF INSUFFICIENCY DAVID F SCHMIDT
PHONE{925}335.1800 DIANAJ.SILVER
FAX{925}646-1078 AND/QR JACOUELINE Y.WOODS
NON-ACCEPTANCE OF CLAIM
TO: Valerie Steele
483 -2"Street
Richmond, CA 04801
RE: CLAIM OF:
Please Take Notice as Follows:
The claim you presented against the County of Contra Costa or District governed by the Board of
Supervisors fails to comply substantially with the requirements of California Government Code Section
910 and 910.2, or is otherwise insufficient for the reasons checked below:
[ ] 1. The claim fails to state the name and post office address of the claimant.
[ ] 2. The claim fails to state the post office address to which the person presenting the claim desires
notices to be sent.
[ ] 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction
which gave rise to the claim asserted.
] 4. The claim fails to state the name(s)of the public employee(s) causing the injury, damage, or
loss, if known.
[ x ] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000).
If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount
claimed as of the date of presentation, the estimated amount of any prospective injury,
damage or loss so far as known, or the basis of computation of the amount claimed. If the
amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether
jurisdiction over the claim would rest in municipal or superior court.
[ ] 6. The claim is not signed by the claimant or by some person on his or her behalf.
[ ] 7. Other: The claim fails to describe any duty or obligation of the public entity and any action
Page 1
giving rise to the claim.
VICTOR J. WESTMAN
COUNTY COUNSEL
By: .-
Deputy County Counsel
CERTIFICATE OF SERVICE BY MAIL
(C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664)
I declare that my business address is the County Counsel's Office of Contra Costa County,651 Pine Street,Martinez,California
94553;I am a citizen of the United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I
served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown
above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California.
I certify under penalty of perjury that the foregoing is true and correct.
Dated: June 7,2000,at Martinez,California.
cc: Clerk of the Board of Supervisors(original)
Risk Management
(NOTICE OF INSUFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8)
Page 2
20 - ~r
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAMLANT
A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops
and which accrue on or before December 31, 1987, must be presented not later than the 100`b day after.the
accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to
personal property or growing crops and which accrue on or after January 1, 1988,must be presented not later
than six months after the accrual of the cause of action. Claims relating to any other cause of action must be
presented not later than one year after the accrual of the cause of action. (Govt. 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.
RE:'Claim by �' st ) Reserved for Clerk's Filing Stamp
3 - )
a Iry Yi
.�
Against the County of Contra Costa t # JUN 00
F
or a
Co r4
r District) ,
(Fill in Name)
The undersigned claimant hereby makes claim against the County of Contra Costa or the above named
District in the sum of S and in support of this claim represents as follows:
1. When did the damage or injury occur? (Give exact ate and Hour) C P r t,1 CI
v:t�2f�tti v'�
T �e— -c i r�S4 106tr + rt , .
----- -- --- ----- --`�---- ------- - 4 - A- c£
2. d h re i
W e d the damagor tutuoccur. (Incl(de city and county) ,, � � � � L
�r-, P te rk, o n `�`K C, � i j e , biro, ;C:�tAv rid i m��t�� r _� bu n.
3.How did the damage or injury occur? --(Give sill deter i{;use extra paperrequired)�� -- i -°.1,
1 c� gob,
civ C�
4. What particular act or omission on the part of county or districtoffic , s , or e> i yee aused the r
injury or damage?
i�L'l 1..5� �_C...�, `�'�`1 C_ C�C�1+1C,L� h'_,. l h� -1,�t'.- �� ►+�",��,,,` �` �� �-�- -ni S,
(Over)
y
-auU pun luauiuosudmi Bans
gloq Sq xo '(OOO`OIS) sxnliop punsnogl ual!lulpaoaxa lou;o aug n Sq'uosud alms aql ul luauiuosuduii fiq xo'auu
pun lumuosudutl Bans q;oq Sq xo '( OOO`iS) sxnllop punsnoq;auo Suipaana lou;o aug n Sq 'xnaS auo ungl axom
lou jo poYxad n xoj lre f Slunoo aql uc;uamuosudiut Sq xagl!a algngslundsi 12unuM.io 'xaganon'lunoaau 'lllq lwmla
lualnpnnx;xo asln3 Sun'aumuA dl auins aql Sud to Molin of pazuoglnn'xaag;o xo pxsoq laulslp xo Rlra 'f;unoo dun
of xo'xaag;o xo pxBoq alms Sun of luamSnd xoj xo aaunmollu xol sluaswd'pnnx;ap of lualui glrn+'oge+uosxad Sxang„
:sapznoxd apo lnuad agl,lo ZL uollaaS
I10NI
M M M M M # M M M M M M M M M M M M M M M M # M # # M M # M # # M M M M M M M # M M M M M M M M Mar M # M M M
o.c r; �, •n�,anrrrTci�►a r n kT arrntrrlam T.
Yj
(ssaxppv)
/fJ /4� 1 1
II 1
(axnln .s s,;unlu►nl,3)
Sauxolld;o ssaxppv pun auinK
«;ingaq scq uo uosxad aruos Sq xo (Sauxolld) :ay SajLI.OK Q.Kas
luntutnla aql Sq pau2xs aq lsntu ulmla aglgq
:sapinoxd Z°016 `aaS aPOJ 'naD
-A OXP
h ' P► O 9 d S ( S `h l',
shnc,�v�' d Nasi c� J. siva
:Sxn. !xo luappau sigl jo lunoaan uo apnui noS saxnlipuodxa aql lsl l .6
` - ( ---,p�-_-----_----- �� ung ` ,-)�/rV� 'Oso�j- J
(�Joqtj�.,-ao ioop
'slnildsoq pun'sxolaop'sassaulcnijo sassaxppn pun sacunu g
----------------- -------------------
(-assursp ao Xm(M aepaadsoad Sus3o mnours pnvurpsa arp apniaui) tpalndmoa lunouxn patump ranogn aql 99MM014 'L
cm
j7n 30
4`C' 411 ) +()L� �j�� 040� ( a�sucep ons
aofLourpsa oA4 rpany paugsp so exuvp so sa;anl o;,�a;xa wv at.19) Zpallnsai omnia noS op saunfut xo saSgumP OVA g
-------------------------------------------------------------------------------------
-1 d lk 1� S C) J► }
LSxn fui xo;)Svump alp 2utsnna saaSolduxa xo'slunnxas'sxa;)WO laulsiP xo Slunoa,la saranu aql axn lnqffik `S
Z,d;7,e0
y
All,
t
+r'S
loo
:> .�
4 {
Cp •�
W
cr4
y„
r
r t
t
z
AIMED CLAIM 2,0v
BQAD Q F.�RYIa MS OF CNS COSTA C TN" j C,_Ai:TFY RNIA
ffino Anna JUNE 27, 2000
Claim Against the County, or District Governed by
the Board of Supervisors, Rousting Endorsements, } NOTICE TO CLAIMANT
and Board Action. All Section references we to 'ilae copy of this document mailed to you is your
California Government Codes. I notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
pursuant to Govern=nt Code Section 913 and
915.4. Please note all "Warnings".
AMOUNT: $11000,000.00 �., aUNSEL
P,�A� IYNaZ CALIF.
CLAIMANT: JANINE ENGLER (GREa6WD)
ATTORNEY: DATE RECEIVED: MAY 25, 2000
ADDRESS: 5158 'WHITE OAK COURT BY DELIVERY TO CLERK ON: . 5.— 000 _
CONCORD CA 94521
BY MAIL POSTMARKED: H6M-DFL13ZLKM
L FROft Clerk of the Board of Supervisors M County Counsel
Attached is a copy of the above-noted claim.
PHIL BATR, Cler
Bated: MAY 30, 2000 By: Deputy. ' v
IL FRONt County Counsel TO: Clerk of the Board of Supervise s
( , 't !nis 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 fxot 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 911.0.
) Other:
�3
Dated: By: -- Deputy County Counsel
III. FROM Clerk of the Board TQ County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
(Y4 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: -Q PHIL BATCHELOR, 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 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. *For Additional Warning See Reverse Side of This Notice.
AFMAVIT OF MAUING
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 1 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: _� By: PHIL BATCHELOR By � �" putt' Clerk
CC: County Counsel County Administrator
�c� �/, ✓��-rte
DI
tri Phil Batchelor
Con
c.vur,ty Adminlcktralion Bulming s a
jff[)jJj(J,f�/�//♦/ /y/}[J�/,(r1rj{j/�►`� 7(/(//���
Costa
Clerk of the 8o�re
1GSCl, 1 S1{VI11 I IJ Arid
OOYr25){35.1Ilf}PAfpY
County (92.5)X35=19170
Martinez, California 94553-'1293 ounty
Joan Walla, 1st District
Gayle Ulikema,2nd District ,,
Donna Gerber,3rd District rr
Mark De,Saulnier,4th District
Joe Canaiamilla,5th Dist:ict
.,X
TO: Janine Greenwood
5158 White Oak Ct.
Concord, CA 94521
NC3TICE TO CLAIMANT
(Of Late-Filed Claim)
(Government Code Section 911.3)
The claim you presented to the Board of Supervisors of Contra Costa County,
California, as governing body of the County of Contra Costa on October 27, 1999, has been
reviewed by County Counsel and is being returned to you herewith because:
_ Your claim for an injury to person or personal property which arose on or before
December 31, 1987 was not presented within 100 days after the event or occurrence as
required by law. (See Government Code sections 901 and 911.2)
X Your claim for an injury to person or personal property which arose on or after
January 1, 1958 was not presented within six months of the event or occurrence as required
by law. (See Government Code sections 901 and 911.2)
Your claim relating to a cause of action other than injury to person, personal
property or growing crops was not presented within one year after the event or occurrence as
required by law. (See Government Code sections 991 and 911.2)
Because the claim was not presented within the time allowed by law, no action was
taken on the claim.
Your only recourse at this time is to apply without delay for leave to present a late
claim. (See Government Code sections 911.4 to 912.2 and 945.6) Under some
circumstances leave to present a late claim will be granted. (See Government Code section
7:\TO}tT'1R .iK-MG7'\r'i,:11.M;'\ STC\levrm.wpri
ae
911.6}
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.
Date: PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Administrator
By: .'.'� +P.� -
eputy Clerk
Affidavit of Malt
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 copy of the above
NOTICE TO CLAIMANT (CSF LATE-FILED CLAIM), addressed to the claimant as shown
above.
Date.
D uty Clerk
I:y,TORT\Ri9K-MCT1CTAI ''lIATrlIIrarr..wpd
Claim,to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
IN.STD UMNS TO CLAIMANT
A. Claims relating to causes of action for death or for injury to person or to personal property or growing
crops and which accrue on or before december 31, 1987, must be presented not later than the 100 ' day
after the accrual of the cause of action. Claims relating to causes of action for death or for injury to
person or to personal properly or growing crops and which accrue on or after January 1, 1988, must be
presented not later than six months after the accrual of the cause of action. Claims relating to any other
cause of action must be presented not later than one year after the accrual of the cause of action.
(Gov't Code 911.2.)
B. Claims must be filed with the Clerk of the Beard 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. gaud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form.
DE: Claim By Deserved for Clerk's filing stamp
)P RECEIVED 4
Against the County of Contra Costa or )
V �
) LMAY
�rict)
(Fill in name) } CLERK �F'RVISOaS
The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district
in the sum of$i owe M fe and in upport of this claim represents as follows:
6t� �a u
1. When did the da age or injury occur?(Give exact date and hour)
0�4dx" " -0 �wml IT15
2. Where did the damage or injury occur? (Include city and county)
CW'�� CC* Q4C9MAX,00� r4� -0 &0
A" oohtw
3. How did the damage or injury occur?(Give full details;use extra paper if required)
� A
oF-
t, What particular act or omission on the part of county orcers, seants, or istriap a ployees ca se a
10
injury or dam0,44
age? to +how., i.OS
lad"rtrc rn+i, ; ,oto
it Wao dvw+ t 0. at ar Sr�x t• ' k+�,�r�u i r
5. What are the names of county or district officers, servants, or employees causing the damage or injury? ^s
t) ter. LOMA& _r — 'iA.Al� a a04 c{a tM
4W. ilt^4^ - h spi+rad q"14.A4 4 4001Af
6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach
two estimates for auto damage.)4*w ,, � ,Q 1�
j
7. How was the amount claimed above computed?(Include the estimated amount of any prospective injury or
damage.) '° Asw%4t.�
8. -Names and addresses of witnesses, doctors, and hospitals.
t� . 1J#4X � t t► Fir"tk 5t 0,10
_ t�ak�, ,• e4r r
-~-s 6VJL'r • ' t' '$ #+tib► 0,0-k ce, 00,6"A oa • VgIrt,
9. List the expenditures you made on account of this accident or injury.
DATA IDE AMOUNT
} Gov. Code Sec. 910.2 provides"The claim must be
} signed by the claimant or by some person on his behalf."
SEND NOTICES TO:- (Angmu
Name and Address of Attorney }
}
} y '
} (Claimant's Signa e)
}
} (Address)
CA . 511/
}
Telephone No. )Telephone No.
NOTICE
Section'72 of the Penal Code provides.
Every person who,with intent to defraud,presents for allowance or the 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(S 1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not
exceeding ten thousand dollars($20,000),or by bath such imprisonment and fine.
03 ►t)to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
A. Claims relating to causes of action for death or for injury to person or to personal property or growing
crops and which accrue on or before December 31, 1987, must be presented not later than the 1 OOH'day
after the accrual of the cause of action. Claims relating to causes of action for death or for injury to
-person or to personal property or growing crops and which accrue on or after January 1, 1988, must be
presented not later than six months after the accrual of the cause of action. Claims relating to any other
cause of action must be presented not later than one year after the accrual of the cause of action.
(Gov't Code 911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County
Administration Building, 651 Pine Street, Martinez, CA 94553.
C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of
the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be filed against each public
entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form.
RE: Claim By Reserved for Clerk's filing stamp
a/vx ,�.. C�- RECEIVED
Against the County of Contra Costa or } MAR 0 8 2000
} CLERK BOARD OF SUPERVISORS
District) CONTRA COSTA CO.
(Fill in name) }
The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district
in the sum of$ 1,Q4 r 4 u} and in support of this claim represents as follows:
1. When did the damage or injury occur? (Clive exact date and hour)
2. Where did the damage or injury occur? (Include city and county)
3. How did the damage or injury occur? (Give full details;use extra paper if required)
Q>Lt Via. o a , 6,4"� '_-� ,
s,48- 4&4eA �
r mission on the art of count or district officers, servants, or employees caused th ,
4; What particular act o o p y
injury or damage? `�u,A. w� Z.
Die,a '1a.. &,%, 6V&�-nA,. A .t
5. What are the names of county or district officers, servants, or em ployees causing the damage or injury?
6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach
two estimates for auto damage.) q ;,,,, '- /
7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or
damage.) , ,..k
8. Names and addresses of witnesses, doctors, and hospitals.
f`R h U SCh 5 S g w CA.d ILI
fJC * 9
0 & o s'IS8 uti-� ON" CA- ysz1
D$ - 4th• ,(j I foy St 2-50 o , (A. 9,/b�t
9. List the expenditures you made on account of this accident or injury.
DATE, A:MQM p�
aJ
Gov. Code Sec. 910.2 provides"The claim must be
signed by the claimant or by some person on his behalf."
SEND NQTICES TCI• Alto ee
Name and Address of Attorney )
)i (Claimant's Signature)
I
(Address)
Telephone No. )Telephone No. �
NOTICE
Section 72 of the Renal Code provides:
Every person who,with intent to defraud,presents for allowance or the payment to any state board or officer,or to any
county,city,or district board or officer,authorized to allow or pay the sante 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($1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not
exceeding ten thousand dollars(S 10,000),or by both such imprisonment and fine.
2
Key Points - Fact Sheet
1. Prior to March 01, 1999,Janine was very active in her life. She went dancing
regularly, she wore high heels, she cared for 3 young children without any
difficulty.
2. Janine decided to consult a physician,Dr. Laura Timmerman, regarding
stiffness in her right ankle and a possible corrective surgery to be performed
before her wedding on March 21, 1999.This consultation was on January 07,
1999.
3. Dr. Timmerman assured Janine the surgery was very minor and she did them all
the time. Janine was told her recovery would be 2 weeks in duration and she
would be "walking normally" before March 21, 1999.
4. During the surgery,Dr. Timmerman informed Diane Greenwood and Travis
Engler that the surgery wasn't what she had expected. The surgery had gone
from minor to major now that a "loose bone" would have to be removed. The
healing time was extended 1 week further, but a full recovery was assured,
again, before March 21, 1999.
5. Janine saw Dr. Timmerman for the last time on March 9, 1999. She was
prescribed a "Bledsoe Walker" to wear during her recovery. Dr. Timmerman
advised to put limited pressure at first, but to gradually increase the pressure
until she could walk without the aid of crutches. Dr. Timmerman stated driving
a car would be o.k. for her to do.
6. Janine saw Dr.Apple on March 26th. after having to cancel her wedding plans
due to incredible pain in her ankle. Janine was still in her wheel chair. Dr. Apple
was extremely upset when he learned of the previous advise to drive,walk, etc.
7. Dr. Apple ordered an elastic sock and an MRI to be performed on the ankle. The
MRI was performed on April 28, 1999 and reviewed the MRI on May 7th. Janine
had a follow up visit on July 27th and Dr. Apple had an x-ray done at that time.
Janine was still in her wheelchair. Dr. Apple compared the MRI and the x-ray
he had just taken with the x-ray taken BEFORE the surgery. When asked if that
was the same bone, Dr. Apple replied, "Don't put me in that position."
8. hys`ca1 therapy had been 2 times per week for 10 weeks before Dr. Apple said
was still there. That is why Janine was having so much pain and was
stili in a wheelchfir. Dr. Apple canceled Janine's therapy indefinitely after
realizing a s +as still there and he had previously "missed it" before.
9. Janine called all of the doctors involved to get some answers. This was on
September 10, 1999. No one returned her calls or messages. Janine then canceled
her surgery,which was scheduled for September 14, 1999 for fear of never
walking again.
10. Janine went to see Dr.Apple on October 19, 1999. Dr. Apple was upset because
no one notified him of the cancellation. Dr.Apple wrote Janine off as
"Permanently Disabled".
11. Janine hand delivered a written grievance to the proper hospital authorities.
This was on October 19, 1999. A response was received November 4, 1999. The
response was not what was expected.
12. The hospital's "Patient Relations Service Coordinator", otherwise known as
"Ombudsman" contacted Janine after questions arose about another
appointment with a different doctor to get a second opinion provided by the
hospital in question.
13. Dr. Burton was the doctor Merrithew Hospital provided for a second opinion
dated November 04, 1999. Dr.Burton administered a cortisone shot and advised
Janine to "Run around as much as possible, even in pain. Continue physical
therapy and water aerobics and have rounded soles put on your shoes." Janine
notified Dr. Burton of Dr. Apple's previous diagnosis of her being disabled. Dr.
Burton responded,"Why...? I wouldn't have done that. There is nothing wrong
with you." Janine then asked Dr. Burton about the second surgery. He
responded," I would not even consider another surgery until at least a few years
have past and you've made a full recovery."
14. Now being completely confused about the blatant contradiction made at the
same hospital, Janine decided to get another opinion with a doctor independent
of the hospital at her own expense. t
15. Janine requested her medical records on November 1999. She was given
incomplete reports and most of the x-ray-and MRI charts and reports were
missing completely. It wasn't until a friend of the family's brought to her
attention which records were missing that Janine received a complete account of
her medical history. The hospital was VERY uncooperative at releasing Janine's
medical records. It seemed that they were trying to conceal their mistakes.
16.Janine made an appointment with Dr. Joel Weddington on December 02, 1999.
Dr. Weddington examined Janine's reports and films as well as a physical
examination of her ankle. He referred her to an excellent orthopedic surgeon. He
stated Janine would be permanently disabled even if she had a second surgery.
He also stated the bone fragment in question was still in the same position as it
was before the surgery and the "bone fragment" Dr. Timmerman removed was
not bone, but rather cartilage. This was discussed with Janine on December 14,
1999.
de�c-1s-99 05: 10P Action Alternative Medica ., ..P.03
rF ,�
, ( IWL x t,/ . . Sx.r 1 L"�.
-TON, M.D.
(si�ixrs(�`d"i4','�aaa�?rn 7*,(3•f J�rarrxk?in ,5"trwrt, #�>�'i,,
04cerbar 2, J-999
Re. c3OODWIN, Jarine
To Whom It May Concern:
3. Zoodwin is a 34-year-old: woman
who currently experiences pain and
swelling and disability in the right:
ankle. Sne underwent a surgical procedure in March 1999 by Dr.
:..aura 1,immerran who performed arthroscopy and debridement of some
bony and carti.la.g+r lesions in the ankle. Following that she has
had orgo—inn pain and symptomatology and difficulty walking. She
needs to ase a cane and has also spent some time in a wheelchair.
She stator, that she is unab"a to dance and perform other
aotivitiers that requIre agility and strength in the lower
extremities since her surgery.
In 1551 in C:ormany ;aha sustained a severe sprain of the ankle and
states that this healed and that she was able to wear high hitol,
and dance subsequent: to that injury.
She is currently under some medical care in the form of pnysical
therapy Stith range, of not.ior. exerciL;es to the ankle and hat seen
a county doctor who supervises this.
F2YC$". I,N 10i"i Examination .reveals a pleasant and
obese Froman wht can walk and stand
in tcie office with slight discomfort
on the right lower extremity. Examination cf the ankle reveals
Limited dorsiflexion lexion to -5 de.arena a.-.d a tight, Achilles tendon.
There is tenderness and, synovial. thickening about the anterior
ankle joint: and sore medial tenderness. There is no laxity.
There is Sona: clicking of posterior structures on an anterior
drawer maneuver. There is no l i q ariantouz. laxity. There is no
neurovascular deficit. There are sone well-healed anterior ankle
scars thc!'t appear to be arthro copio portals. The patient is
able to toe walk with discomfort an the right side,, is unabla to
heel walk can the right nide.
Multiples radiographs were available
for review. that: include as far bark
to 19SS and as recently as July 27,
1599. a demonstrate an anterior ossicle at the anterior
e4A�� tibiotalar o rpt approxiMately 1 Cr %ra diameter. Thera are also
some mild degenerative changes in the *tibiotalar joint and in the
,�...
talofibular joint on AP viewsi Where is a subchondral lucency in
the medial dame of the talus. MRI; scars are also available for
review and these derionsttateo some cy ti.c changers in the dome of
r1J
- '
C1ec-1S-99 05: 12P Action Alternatives Modica P.Q4
'Rte, jANINE GC3C7t3td:,'N
Decemter 2, 1999
.Page 2
the talus without apparent continuity into the joint spaces. The
MR7 scans are dated Ali anuary 20, 1999.
i x ►L 9 r? Medical records were available for
review including the operative
report and radiograph reports as
well as come cl=inical and chart notes. It appears that the
surgeon performed arthroscopic surgery on the right ankle and
opened arc ost:cte ohondral lesion during surgery and that some
attempts were made at rtassec:ting some ossicles and loose bodies,
ZKEYMMMILS
1. osteoohondrftis disiccaa.rss of, the right talus.
2. Arthritis (:4 the right ankle.
3. Synovitis and loss of motion of the ankle.
.R. -IMPATI In ry opinion, the patient would
benerit frau some physical therapy
at the prssert time in the form of
cardaovasvalasr c-onditi toning and work on the leg aluscul ature to
maintain strength and endurance, however specific therapy
modalities directed iso the ar=kle joint do not appear appropriate
at this time die to the presence of intra-articular lesions and
oste achond.rai bodies that appear around the join; and in
particular one in the anterior ankle joint 'There is a painf a
synovitis as well. this might benefit fron scene anti-
inflanttatorie,%. A, cortisone shot was prova.ded previously and
this dad not r.elr:. It appears than:: merit of the problem is
Tt:ech,2anical it nat'are and that somehow this has been flared up by
the surd-cal procedure ars March 1999. in my opirli.on, it is
obvious that she needs another ssc.srgical procedure to
onrcatariatq dd ress the intra-a:rticul.ar lesions in the .right
ankle as well as to remove the osteochondral body in the anterior
joint. This should be done t;nonek than later as the arthritic
process is ongoing in the ank3.e and will most likely progress
.further until the problem is le
addressed. The patient
was informed of this opinion and it was discussed. She will be
referred to an orth=edic xuraaun wh122,s a i ed in the surgical,
in particular arthroscopiz, approaches to the forst and anxia.
Joel A. Wedd i.ngton, M.o.
orthopedic Surgeon
JAW:17
dw
October 18, 1999
To Whom It May Concern:
I had surgery done on my right ankle on March 1, 1999. Dr. Timmerman performed this
at Merrithew Memorial Hospital in Martinez, CA.
The reason for this surgery was due to an old injury that happened on July 4a', 1991.
Since then I have had some discomfort,pain and some difficulty walking. I wanted to get
my ankle taken care of so that I wouldn't have any soreness or pain in the future and be
able to walk with more movement in my ankle. 1
I first went to the Merrithew Memorial .Hospital on or about December 1998. The first
doctor I saw was Dr. McNabb. He is a family practitioner. He then referred me to Dr.
Timmerman. I first went to see Dr. Timmerman in January 1995. She checked out my
ankle. This included a CAT Scan, x-ray, and running dye threw the ankle. After
reviewing these results she recommended doing the minor surgery to remove loose
bodies and scar tissue. This surgery was not a mandatory but an elective one. It was
explained to me what was entailed in this surgery. She said that this type of surgery
should help me; but if it didn't then I would need reconstructive surgery. The doctor also
ensured me that I should be walking on the ankle and getting around by March 21, 1955.
This was very important to me because I had plans to get married on that day.
While performing the surgery, Dr. Timmerman noticed that this was more extensive that
she had originally thought. She explained this to my Mom (Diane Greenwood ) and my
fiance (Travis Engler) in the waiting room. The surgery, now a major instead of minor,
entitled removing a bone fragment. Because of this, the healing time was extended some.
But I was assured I would make a full recovery just the same.
I went to see Dr. Timmerman on March 8h to have the stitches removed. This was also_..._
my last visit to Dr. Timmerman. During this visit, she prescribed for me a Bledsoe
walker(a moonboot like brace)to wear. She also told me that I could start putting weight
on that foot with the help of crutches. But she didn't want me to put full weight on it.
Also,that I could drive and do exercises(the alphabet exercise).
On March 26h I went to see Dr. Apple. Upon examination, Dr. Apple was very upset
that I was told I could walk on it, drive, etc. On April 28a` he prescribed an elastic sock
and ordered a MRI on the ankle. Dr. Apple looked at the MRI on May 7th. During a �
follow up visit on July 27`s he did x-rays because I was still having Fams in my ankle. He C44
did not notice that the bone fragment was still there until July 27 . It was at that time }
that he compared the x-ray and the MRI. When we looked at these x-rays, I asked him to
compare them to the one taken before surgery. He complied. I asked him if that was they
same bone? And he replied to me"Don't put me in that position." I still don't know why
he didn't notice it when he first read the April 28 MRI results.
Dr. Apple had referred me to physical thergy before discovering the bone fragment. I
started going to physical therapy on June 4 . My last therapy appointment was on July
23rd. The doctor cancelled my July 27`h appointment when the he noticed the bone
fragment was still there.
The following is a personal note on how this whole surgery ordeal has been for me:
This has been a very hard time for me since the surgery. I expected to be laid up for a
few weeks,but not months. I have had a very hard time getting around and even had to be
in a wheelchair for approximately 18 weeks. This was the only way for me to get around.
I just couldn't handle the crutches for that long. There is not a day that goes by that I do
not feel pain in my ankle or hip. My left side has increasingly hurt since the therapy. It is
not just the physical pain, but the emotional pain as well. I have never had to rely on
someone else doing everything for me. I never knew how hard it would be to take a
shower, go to the bathroom, get something to eat, get to the store, get to the doctor, or
even get up to answer the door or phone. And the hardest part of this is the hurting more
since the surgery. As well as the limitations I'm experiencing since. And I have had to
cancel my wedding plans as well. With no idea when I will be able resume them. It's
hard on me not to be able to spend time with my fiance's children in the way that they
want. When you are laid up and in pain you can't go to beaches, amusement parks, or
zoos. I cannot even play with them like they remember I could before the surgery. This
has been a burden on me emotionally.
Before the surgery on 3/01/99, I could do these things. I could wear high heels, go
dancing, and exercise. I worked in retail. I could walk for long periods of time, up and
down hills etc. I cannot even walk across the grass. It hurts worse than it ever did before
the surgery. I was told this was no real risk. Had I known different, I would not have had
the surgery. I canceled my second surgery scheduled for 9/14/99 for fear of never being
able to walk again. I have left messages on 9/10/99 to Dr. Timmerman, Dr. Moab and
Dr. Apple. I left personal messages and even left some with nurses and other staff'at the
hospital. NO ONE has responded whatsoever.
I am now forced to get off"State Disability. I cannot live on $260 per month. I will have
to deal with this pain just to survive. I would like to stress the fact that if I had the proper
consultation where ALL of my options were laid out, I can assure you I would NOT have
gone through with this agonizing ordeal. I think I should also explain to you that being
overweight was not a debilitating issue for me at any point in my life. My weight has
NOTHING to do with my rehabilitation, or lack there of. I led a very fulfilling life before
this. My vanity brought me to this end. I did not want to start off'a neve marriage with
ankle problems that could possibly hinder my future.
Wei iAM 8, WALKER, M. D. CONTRA COSTA
HPu:TH SERVICEs DIRECTOR ,,�' t,._ __-- 14Ry GIONAL
FaANK }. PUGLiSt, )k.
ExECUTIVE DIRECTOR /1EI lCAt`LICCENTER
MFDICCENTER
HEALTH CENTERS
CONTRA
ONTR { COSTQ CONTRA COS
TA
HEALTH SERVICES IALTIICENTERS
2500 Alhambra Avenue
Martinez, California 94553-3191
Ph (525) 370-5000
October 29, 1999
Janine Greenwood
5158 White Oak Court
Concord, CA 94521
Dear Ms. Greenwood:
I am in receipt of your Grievance Complaint Form that is dated 9/10/99. 1 first
received this on October 28, 1999. 1 have read through your letter and am very
disappointed that things have not gone better for you.
I would like you to see Dr. Burton, an orthopedic surgeon who is joini g us from is
private ractice. i believe this will allow a fresh start that will resole a chr
roblem you have been having and led to successful resolution of a pain in your
an e a d hip. I will have Tamera Angel contact you regarding an appointment with
Dr. Burton.
Yours truly, 5:;,
Lorre T. Henderson, 0.D., M.D.
Chairman, Department of Surgery
LTH.hla
* Contra Costa Community Substance Abuse Services • Contra Costa Emergency Medical Services * Contra Costa Environmental Health • Contra Costa Health Plan
Contra Costa Hazardous Materials Programs *Contra Costa Mental Health * Contra Costa Public Health * Contra Costa Regional Medical Center * Contra Costa Health Centers
TO: BOARD OF SUPERVISORS
/J
FROM: Phil Batchelor, County Administrator a ra
DATE: June 27, 2000 _ uotiia
1%
.d
SU&JECT: Final Settlement of Claim--
Estate of Raymond Roach vs. Contra 0 U M y
Costa County--Sup
. Court No. C98-04844
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Receive this report concerning the final settlement of the Estate of Raymond Roach and
authorize payment from the Medical Liability Trust Fund in the amount of$140,000.
BACK+GROUNDIREASONS FOR RECOMMENDATION:
Richard J. Conti, defense counsel for the County, has advised the County Administrator that
within authorization an agreement has been reached settling the medical liability claim of the
Estate of Raymond Roach vs. Contra Costa County.
This Board's June 13, 2000 closed session vote was: Supervisors Gerber, Gioia, Uilkema,
DeSaulnier and Canciamilla, yes.
This action is taken so that terms of this final settlement and the earlier June 13, 2000 closed
session vote of this Board authorizing its negotiated settlement are known publicly.
CONTINUED ON ATTACHMENT: YES SIGNATURE:4,1"
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT
&APPROVE OTHER
SIGNATURES
ACTION OF BOA61 JUNE 27, 2000 APPROVED AS RECOMMENDED X� OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE MINUTES OF THE BOARD
X UNANIMOUS (ABSENT DUNE ) OF SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED ,n.INE 27 2000
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact: Ron Harvey—335-1443
cc: CACI Risk Management
Auditor-Controller
BY DEPUTY