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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.
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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).
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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.
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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.
-
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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