Small Claims Case No. 321704

Plaintiff's Claim: All-Care filed for the unpaid balance due.

Resolve:
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:

1)

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.

2)

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.

3)

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 all licensed.

4)

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 wrong.

5)

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.

signed/
Phyllis J. Henderson-Fannan
9/11/98