egal Events Timeline
  • December 3, 2000 - In accordance with the law and hospital legal procedure, Plaintiff submits formal claim for damages against the Hospital and surgeons responsible for leaving the retractor inside Plaintiff following surgery.

  • December 19, 2000 - Written request, by plaintiff, to the California Dept. of Licensing and Certification requesting an official investigation into the circumstances resulting in retained foreign body.

  • January 5, 2001 - In accordance with the California Code of Civil Procedure, Plaintiff sends written notice to the Hospital and the Surgeons of Plaintiff's intent to commence litigation within the next 90 days.

  • January 18, 2001 - The Hospital formally rejects Plaintiff's claim and denies all liability.

  • January 19, 2001 - Substantiation of plaintiff's request for investigation from December 19, 2000 by the Department of Licensing and Certification. (California Dept. of Health Complaint #08-0015798).

  • June 6, 2001 - Plaintiff files suit in the Superior Court of California, County of San Diego, San Diego Judicial District. Case No.GIC 768563, entitled Jennings v. Palomar Pomerado Health Systems, Inc., Fred Hammill, M.D. and Paul Polishuk, M.D.

  • May 6, 2002 - Trial begins in Superior Court of the State of California, Department 68
    The Honorable Judge Sheridan Reed presiding.

  • May 21, 2002 - The jury awards $250,000 in damages to Plaintiff for pain and suffering. The $250,000 is the most Plaintiff could recover under the law.

  • June 26, 2002 - Plaintiff appeals certain rulings by the court pertaining to economic damages only.

  • July 18, 2002 - Defendants jointly appeal the $250,000 award.

  • January 3, 2004 - Appeals rejected by San Diego Superior Court judges.

  • January 20, 2004 - Appeal filed in California Supreme Court.

  • February 16 , 2004 -State of California Supreme Court rejects ALL appeals (including defense) in the case of Jennings vrs. Palomar. After paying attorney and legal fees, Mr. Jennings received a net sum of $60,000.

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