Bastidas v. Good Samaritan Hospital LP et al

Filing 258

VERDICT FORM (Illston, Susan) (Filed on 6/14/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 J. AUGUSTO BASTIDAS, Plaintiff, 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 13-cv-04388-SI JURY VERDICT FORM v. GOOD SAMARITAN HOSPITAL LP and GOOD SAMARITAN HOSPITAL MEDICAL STAFF, Defendants. 1 PART I -- LIABILITY 2 3 4 5 6 7 Re: Implementation of Proctoring Program Question No. 1: Did plaintiff, J. Augusto Bastidas, MD, prove, by a preponderance of the evidence, that defendant Good Samaritan Hospital (“Hospital”) subjected him to an adverse employment action by delaying implementation of his proctoring program? Yes _____ 8 9 10 No _____ If your answer to Question No. 1 was “No,” please go to Question No. 3; otherwise, please answer the next question. United States District Court Northern District of California 11 12 13 14 15 16 17 18 Question No. 2: Did plaintiff, J. Augusto Bastidas, MD, prove, by a preponderance of the evidence, that this adverse employment action (delaying implementation of proctoring) was taken by Hospital because Dr. Bastidas engaged in the protected activity of bringing and pursuing a civil rights lawsuit? Yes _____ No _____ Please answer the next question. 19 20 21 22 23 24 25 26 Question No. 3: Did plaintiff, J. Augusto Bastidas, MD, prove, by a preponderance of the evidence, that defendant Good Samaritan Hospital Medical Staff (“Medical Staff”) subjected him to an adverse employment action by delaying implementation of his proctoring program? Yes _____ No _____ If your answer to Question No. 3 was “No,” please go to Question No. 5; otherwise, please answer the next question. 27 28 2 1 Question No. 4: 2 Did plaintiff, J. Augusto Bastidas, MD, prove, by a preponderance of the evidence, that 3 this adverse employment action (delaying implementation of proctoring) was taken by Medical 4 Staff because Dr. Bastidas engaged in the protected activity of bringing and pursuing a civil rights 5 lawsuit? 6 7 Yes _____ No _____ Please answer the next question. 8 9 10 Re: Update to Report on Dr. Bastidas in the National Practitioner Databank Report Question No. 5: United States District Court Northern District of California 11 Did plaintiff, J. Augusto Bastidas, MD, prove, by a preponderance of the evidence, that 12 defendant Good Samaritan Hospital (“Hospital”) subjected him to an adverse employment action 13 by delaying the filing of an update to the plaintiff’s National Practitioner Databank Report? 14 Yes _____ No _____ 15 If your answer to Question No. 5 was “No,” please go to Question No. 7; otherwise, please answer 16 the next question. 17 18 Question No. 6: 19 Did plaintiff, J. Augusto Bastidas, MD, prove, by a preponderance of the evidence, that 20 this adverse employment action (delaying update to National Practitioner Databank Report) was 21 taken by Hospital because Dr. Bastidas engaged in the protected activity of bringing and pursuing 22 a civil rights lawsuit? 23 24 Yes _____ No _____ Please answer the next question. 25 26 27 28 3 1 Question No. 7: 2 Did plaintiff, J. Augusto Bastidas, MD, prove, by a preponderance of the evidence, that 3 defendant Good Samaritan Hospital Medical Staff (“Medical Staff”) subjected him to an adverse 4 employment action by delaying the filing of an update to the plaintiff’s National Practitioner 5 Databank Report? Yes _____ 6 No _____ 7 If your answer to Question No. 7 was “No,” please go to part II. Otherwise, please answer the 8 next question. 9 10 Question No. 8: United States District Court Northern District of California 11 Did plaintiff, J. Augusto Bastidas, MD, prove, by a preponderance of the evidence, that 12 this adverse employment action (delaying update to National Practitioner Databank Report) was 13 taken by Medical Staff because Dr. Bastidas engaged in the protected activity of bringing and 14 pursuing a civil rights lawsuit? 15 Yes _____ No _____ 16 17 Please go to Part II. 18 19 20 21 22 23 24 25 26 27 28 4 1 PART II -- DAMAGES 2 If your answer to each of Questions No. 2, 4, 6 and 8 was “No” or blank, do not answer 3 any further questions; go to the end of this form and have your Foreperson date and sign the form, 4 and return it. Otherwise, please answer the next question. 5 6 7 Question No. 9: As to the adverse employment action(s) which you have found were taken because Dr. 9 Bastidas engaged in the protected activity of bringing and pursuing a civil rights lawsuit, did 10 plaintiff prove, by a preponderance of the evidence, that such adverse employment action caused 11 United States District Court Northern District of California 8 any damage to plaintiff? 12 Yes _____ No _____ 13 If your answer to Question No. 9 was “No,” please go to Question No. 11. Otherwise, please 14 answer the next question 15 16 17 Question No. 10: What is the amount of damage plaintiff has proved? $_____________________________ 18 19 Please go to Question No. 12. 20 21 Question No. 11: 22 As to the adverse employment action(s) which you have found were taken because Dr. 23 Bastidas engaged in the protected activity of bringing and pursuing a civil rights lawsuit, if you 24 have found that plaintiff failed to prove any damages you must award nominal damages, which 25 may not exceed one dollar ($1.00). Do you award nominal damages? 26 If so, in the amount of ___________________________________ 27 28 5 1 2 Question No. 12: 3 As to the adverse employment action(s) which you have found were taken because Dr. 4 Bastidas engaged in the protected activity of bringing and pursuing a civil rights lawsuit, did 5 plaintiff prove, by a preponderance of the evidence, that either defendant engaged in conduct 6 which was malicious, oppressive or in reckless disregard of plaintiff’s rights? 7 As to Good Samaritan Hospital? Yes _____ No _____ 8 As to Good Samaritan Hospital Medical Staff? Yes _____ No _____ 9 If you answered “Yes” to either part of Question No. 12, please answer the next question. 11 United States District Court Northern District of California 10 Otherwise, do not answer any further questions; go to the end of this form and have your 12 Foreperson date and sign the form. 13 14 Question No. 13: What is the amount of punitive damages which you award? 15 $______________________ 16 17 18 Dated: _____________________________ FOREPERSON 19 20 21 22 23 24 25 26 27 28 6

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