Municipal Court of California
West Orange County Judicial District
8141 13th Street
Westminster, CA 92683
Small Claims Case No. 321704
Date: March 31, 1998
All-Care Animal Referral Centers
Phyllis Fannan & John Fannan
Plaintiff's Claim: All-Care filed for the unpaid balance due.
Judgment for the Defendants.
Case dismissed pursuant to Rule 346/348/354
Code of Civil Procedure Sections 583.310, 583.306, 583.410 and 583.420.
DECLARATION OF PHYLLIS J. HENDERSON-FANNAN
I have personal knowledge of the facts contained in this declaration. By
virtue of my business transactions, as well as my personal knowledge as an
employee of "ALL CARE ANIMAL REFERRAL CENTER" and if called upon to
testify in a court of law would and could competently testify thereto:
On or about July 9th, 1995 I was referred to All Care regarding my Chinese Pug
CJ because he was having severe seizures. I was originally seen by Linda Hall,
D V M. CJ was immediately admitted into ICU there at the hospital. A MRI was
ordered for July 11, 1995. I was then referred to Dr. Bergstrom the specialist
at that time for problems with the brain. He read the MRI and I was told that
my little guy had a serious brain tumor. I asked Dr. Bergstrom was he sure it
was not encephalitis. I asked this because I had been told that this was
somewhat common in pugs, and could not be cured. Once again he assured me it
was a brain tumor and that there was a good change of his recovery. It was not
until the end after spending almost $10,000.00 trying to save him was I told
by Dr. Rooks that it was indeed encephalitis (water on the brain). If I had
known the truth that he did indeed have water on the brain, I in no way would
have put him through so many procedures. To this day I do not believe that the
misdiagnosis was in error. I believe that he intentionally misrepresented the
diagnosis to me.
The bill was getting so high that I went to Dr. Rooks and requested the
opportunity to work some of the bill off. Dr. Rooks gave the approval and I
started working in September and worked through November 10th, 1995.
When I first started working there I was cleaning cages and doing laundry.
After the first couple of weeks I learned to do several different procedures.
I learned to do the Acuscope therapy and the H wave therapy first because
those procedures were being done on my own dog. Soon, I was doing both of
these procedure on other client's animals. At least 8 or 9 other animals had
procedures done by myself. I also dispensed medicine, changed IV bags, gave
sub Q shots and helped wherever I was needed. It was not until I left the
hospital that I found out that under no circumstances was I allowed to
dispense medicine and most importantly I should never been allowed to treat
any of the animals because I am unlicensed. Those clients were paying extra
money because they believed that the people taking care of their animals were
C. J. was not getting any better and after several weeks of Acuscope therapy I
was advised by one of the technician's on the day shift that I was doing the
therapy wrong. I was using the wrong port; the post that I had been using on
CJ and the other patients was doing absolutely nothing because it was a dead
port. I immediately spoke to Dr. Bergstrom and he told me he was going to look
into it. The next day he told me that yes I had been using the wrong port. I
asked him what about crediting my bill and he told me to talk to his assistant
Kelly and she assured me the credit was forthcoming. I then questioned Dr.
Bergstrom about all of the other patients that I had been treating for the
last two months and he told me it would be too hard to track down the animals
that I had worked on. I then reminded him that the technician that had
originally taught me how to work the machine was also using the wrong port. He
emphasized once again that it would be impossible to track down all of the
animals that had been mistreated by myself. I feel that he fraudulently
charged myself and many others for those Acuscope treatments that were done
Dr. Rooks was aware of all this and never notified the clients.
I SWEAR UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA
THAT THE FOREGOING STATEMENTS ARE TRUE AND CORRECT.
Phyllis J. Henderson-Fannan