realdialysisethics
Joined: 06 Jan 2003
Posts: 41
Posted: Mon Jan 19, 2004 6:18 am Post subject: CASE SETTLED IN TEXAS
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HAVE JUST BEEN TOLD THAT OUR CASE IN TEXAS HAS BEEN SETTLED AGAINST DAVITA!<
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>I am expecting a call and to fill everyone in. It appears that the lawsuits are beginning to hit the industry.This sometimes is the only thing that the industry understands. The government choses to do nothing,but the lawyers will. <
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>We have been contacted with attorney's that will give two years to this cause. They are excited as we are!<
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>Arlene<
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leadsag
Joined: 31 Oct 2002
Posts: 263
Posted: Mon Jan 19, 2004 3:05 pm Post subject: Re: CASE SETTLED IN TEXAS
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Can't wait to hear if the case was settled to the patients benefit. Hopefully there won't be a gag order so that people can not find out the details. I imagine the industry would prefer that the details not get out.
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BRLA
Joined: 08 Nov 2003
Posts: 22
Posted: Tue Jan 20, 2004 7:53 am Post subject: CASE SETTLED IN TEXAS
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Family members contacted DEO to inform of settlement. They are pleased and relieved that the matter is closed and that Davita has established new policies and procedures to address issues which led to the legal case. DEO does not involve itself with monetary details related to these cases; therefore, there is no info to report. Settlement of this case is another milestone for DEO, especially if Davita, in fact, employs new procedures which will benefit remaining patients.<
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>The above is but one lawsuit/case in which DEO has been involved. There are others pending and attorneys are planning to file 3 more within the next 4 to 6 weeks. We will keep you posted.
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If you got it
Joined: 20 Jan 2004
Posts: 1
Posted: Tue Jan 20, 2004 11:42 am Post subject: post it
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D. B., as Special Administrator<
>of the Estate of J. B., Deceased,<
>Plaintiff,<
>vs<
>Southside Dialysis Center, Defendant.<
>In this dialysis malpractice lawsuit, Mrs. B claimed that while her 43-year-old mother, who apparently was in need of dialysis as a result of damaging her kidneys by abusing drugs for a long time, was undergoing dialysis at Southside Dialysis Center on March 1, 2000, her dialysis technician, K. Thomas, bone-headedly plugged a fan into the same receptacle as the dialysis machine (which was against company policy and common sense), overloading the circuit and blowing the
eaker, which of course necessitated her being transferred to another machine, which allegedly did not have the lines properly flushed, and resulted in an alleged air embolism entering her bloodstream, causing a cardiac arrest and her death that day.<
>This suit was settled for $125,000 during September of 2003.<
>Many Individuals,<
>Plaintiffs,<
>vs<
>Dialysis Centers of America, Inc.,<
>and Laurens Lohmann, M.D.,<
>Defendants.<
>There have been fourteen medical malpractice cases filed - at last count - against these two defendants. They are all claiming basically the same thing so for now we are publishing them as one and will individualize them as they develop.<
>These plaintiff's, all dialysis patients, allege that their blood has been contaminated as a result of an aluminum wrench, which was used to open the containers, being dropped into a 165 gallon container of dialysis solution. They also claim that the defendants ignored the technicians who informed them that a "missing aluminum wrench was probably inside the dialysis solution container" and that Dr. Lohmann instructed employees that this matter was to be kept confidential and that patients were only to be told that their aluminum levels were high but that they would be monitored and
ought down. It looks like somebody snitched on them, possibly a disgruntled or even conscientious employee.<
>Although their claimed injuries were not described at the time these files were copied, in the eyes of the law they will have to prove damages. It is possible that their high aluminum levels will come down with no adverse effects on their health. You cannot go before a judge and ask for a pile of money just because some idiot dropped a wrench into your dialysis solution. You have prove that it hurt you.<
>These cases are pending.<
>E. M. H., Individually and as<
>Special Administrator of the<
>Estate of E. I. J., Deceased,<
>Plaintiffs<
>vs<
>NeoMedica Dialysis Centers, Inc.,<
>Defendant.<
>In this medical malpractice lawsuit, this plaintiff alleged that on April 1, 1994, while her father was undergoing dialysis, the tubing became disconnected and went unnoticed by personnel at NeoMedica Dialysis, allowing him to bleed to death (exsanguinate).<
>Case was settled for $90,000.<
>L. M., as Administrator of the<
>Estate of H. E. M., Deceased,<
>Plaintiff,<
>vs<
>NeoMedica, Inc., d/b/a<
>NeoMedica Dialysis Center,<
>Associates in Nephrology, S.C. and<
>Sudesh K. Vohra, M.D. and<
>Haresh M. Muni, M.D. both Individually<
>and as Agents or Employees of<
>NeoMedica and/or Associates in Nephrology,<
>Defendants.<
>In her medical malpractice lawsuit, this plaintiff claimed, among other things, that her husband's staphylococcus aureus infection at his catheterization site was improperly treated with insufficient amounts of antibiotics. The infection allegedly damaged a heart valve and caused a
ain bleed and stroke which killed him on August 28, 1995.<
>Before trial Dr. Haresh M. Muni settled for $400,000. At the end of trial deliberations the jury found Dr. Sudesh K. Vohra and NeoMedica liable in the amount of $1,523,673 but found the deceased twenty-five percent liable, it appears, for failing to have his catheter removed when told to do so by an employee of NeoMedica, reducing the amount to $1,142,755. This amount was set-off, or reduced even further, by the $400,000 settlement made by Dr. Muni to $742,755<
>L. L., Special Administrator<
>of the Estate of M. L., Deceased,<
>Plaintiff,<
>vs<
>Interlake Continental Water<
>Systems Company, COBE<
>Laboratories, Inc., d/b/a COBE<
>Renal Care, Inc., and University<
>of Chicago Hospitals,<
>Defendants.<
>In this very unusual dialysis malpractice case, this plaintiff claimed that her mother, one of two patients that died that day from fluoride toxicity, while undergoing dialysis at one of the University of Chicago Hospitals offsite dialysis centers on July 16, 1993, because of, among other things, the Interlake machine did not have a proper alarm indicating that there were high levels of fluoride in the water and that UCH employees failed to notice that a warning mechanism had been triggered, indicating a problem with the system.<
>Case was settled for $500,000.<
>Estate of A. B., Deceased, by<
>J. E. B., Special Administrator, Plaintiff,<
>vs<
>University of Chicago Hospitals,<
>Continental H2O Service, Inc., individually<
>and d/b/a Interlake Continental Water Systems, Inc.<
>and COBE BCT, Inc.,<
>Defendants.<
>In this very unusual medical malpractice case, this plaintiff claimed that his mother, one of two patients that died that day from fluoride toxicity, while undergoing dialysis at one of the University of Chicago Hospitals offsite dialysis centers on July 16, 1993, because of, among other things, the Interlake machine did not have a proper alarm indicating that there were high levels of fluoride in the water and that UCH employees failed to notice that a warning mechanism had been triggered, indicating a problem with the system.<
>Case was settled for $150,000. Sould have had LL?s lawyer.<
>W. B.,Plaintiff,<
>vs<
>NeoMedica, Inc.,<
>Defendant.<
>This plaintiff alleges that on March 1, 1999, after she had her dialysis treatment NeoMedica failed to have someone physically escort her from the treatment room to the waiting area. While walking there she
fell, hitting her head and suffered a subdural hematoma - bleeding between two of the
ain coverings - which required surgical evacuation.<
>Case is pending.<
>E. K. and G. K.,<
>Plaintiffs,<
>vs<
>Alan D. Kogan, M.D.,<
>Jose Eusebio, M.D. and<
>St. Francis Hospital of Evanston,<
>Defendants.<
>In this medical malpractice lawsuit, these plaintiffs claimed that the defendants failed to take into account E. K's medical history of kidney problems before performing four successive procedures using an excessive amount of iodinated dye on June 1, 1995. This allegedly has left both kidneys severely compromised and he now has to undergo dialysis because of it.<
>Currently, St. Francis Hospital and Dr. Jose Eusebio have been dismissed, and during/after a catheterization procedure performed at Alexian Brothers Medical Center, Mr. K. died. The new title for this case is:<
>G. K., Individually and as<
>Special Administrator of<
>the Estate of E. K., Deceased,<
>Plaintiff,<
>vs<
>Alan D. Kogan, M.D., and<
>Alexian Brothers Medical<
>Center,<
>Defendant.<
>and<
>Phillip Cacioppo, M.D.,<
>Respondent in Discovery.<
>This plaintiff now claims that in addition to the above mentioned, on August 26, 2000, while her husband was having a catheter placed into his right internal jugular vein by Dr. Phillip Cacioppo, it punctured through the superior vena cava - a large vein that returns blood to the heart - which required an emergency repair. Unfortunately, he suffered
ain damage as a result of prolonged hypotension - low blood volume - and died on September 6, 2000.<
>Dr. Cacioppo stated in a deposition that he had requested blood on an emergency basis from the Alexian Brothers blood bank but that there was a significant delay receiving it, which caused or contributed to Mr. K's death.<
>Update May 30, 2003:<
>On Fe
uary 6, 2003, this suit was settled for a total of $672,500. Dr. Kogan contributed $590,000 and Alexian Brothers an additional $82,500 apparently for not delivering the blood in time.<
>
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I got it
Joined: 22 Jan 2004
Posts: 1
Posted: Thu Jan 22, 2004 8:33 am Post subject: Illinois lawsuits
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The cases listed above are all Illinois cases.<
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>Neomedica and Southside Dialysis are owned by Fresenius<
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>Dialysis Centers of America is owned by Renal Care Group<
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>The University of Chicago / Continental Interlakes / Cobe cases are all related to the "fluoride incident". Continental Interlakes is owned by US Filter.<
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>The Illinois Department of health performs initial certification surveys for new facilities and will inspect based on a complaint but generally does not do very many random inspections. So if your an Illinois patient and have concerns about your unit, call and complain otehrwise you may never see an inspector until some really bad happens.
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tex gal
Joined: 01 Apr 2003
Posts: 2
Posted: Mon Jan 26, 2004 1:38 pm Post subject: case
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well, looking at the site, i see the news is already out!! we did settle our case--with some reservation. we don't believe there is a gag order-haven't seen all the paper work yet but keeping our fingers crossed. i did find out the hard way why so many settle out of court. intention. you have to prove intent. i in good conscience could not swear in court they intentionally killed (harsh word, huh?) anyone. i could say they were neglectfull, stupid, ignoring the signs and symptoms, all the other things you could possibly say, but not intention. and as we were told, there are very few cases where a new policy is written. that was more valuable to us than anything. if they follow their new policy, no one else will have to go through this. <
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>we are very grateful to everyone at DEO --more than we could even express. we are hoping to meet arlene at some point-we just have to find time in her busy schedule!!!<
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>the case may be settled, but we are not. we are not finished yet....
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jfwag
Joined: 11 Jan 2003
Posts: 140
Posted: Tue Jan 27, 2004 4:39 am Post subject: Congrats...
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Congrats to Arlene and everyone at DEO. The work has paid off. Some of those other cases I just read are disgustiong to say the least! A wrench in the dialysate? Tubes becoming disconnected and know one saw it? There had to have been blood all over the place. What were the techs doing? Having a party? I can't beleive it but I guess I have no choice.
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brenda
Joined: 28 Oct 2002
Posts: 103
Posted: Wed Jan 28, 2004 3:31 am Post subject: Just wanted to say thanks
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to the family who pursued this matter and took on the big guys. It takes a whole lot of emotion and pain to go thru this type of situation. Having to relive and hear all the stuff that has happened over and over again, and seeing the majority of heartless medical personal involved is shame. <
>What disgusts me is that the above mentioned cases are right here in the state that I live. So once again, have taken the stuff from here and sent it to those up for election around here just to let them know what is going on. Have the day off so I guess it is just a perfect day to keep hitting all the right places with this information.
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Marty
Joined: 28 Oct 2002
Posts: 160
Posted: Wed Jan 28, 2004 3:50 am Post subject: Congrats.
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A hugh thankyou to the family and DEO for running the gauntlet and getting results. It's unfortunate it has to be this way but the only way to win is to be persistant in the fight.
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DEO
Joined: 13 Mar 2003
Posts: 12
Posted: Wed Jan 28, 2004 10:53 am Post subject: More is coming
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It appears that 3 more will be filed within the next few weeks. It also appears that the press is finding this site as are attorneys.<
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>We will be having two press (two are on camera), one will be in California. I will be leaving in the first of March to head for California,the other will be in FLORIDA.<
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>We have had interest with an AP Reporter out of DC. This industry is such a mess and a hard one to follow for the novice in health care. It defy's logic and where does one start. We also will be having our big one sooon! I dont control the press, but attorneys are real eager to spend time in this area of medicine. It violates everything our country stands for. But attorney's and press are finding us!<
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>Will have more information on the hearings in DC within the next couple of weeks. I have heard from many workers around this nation that some physicians are not happy having to see patients. Before they were paid automatic and never had to keep progress notes. Many RN's are greatful to see some positive action from CMS. It is beginning to filter into the clinics the changes. Some of us working in the clinics are smiling privately as this has been along time coming. It is a positive step, but much more needs to be done. CMS is listening and I do believe are trying to do what is right. It is time for all of us to continue on the path and help in the changes!<
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>I will be in Texas and will meet you! After all I am staying at your houses...smile! I am proud of this family as this was not an easy decision for the family. But thank God for those who will stand up to the wind, it is a tough place to be. Thank you for having the courage to stand up to the plate for all patients.<
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>Arlene
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Joined: 16 Feb 2003
/>Posts: 11
Posted: Thu Jan 29, 2004 12:02 am Post subject: bit of advice and humor for those that Arlene
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is staying.......... with Cinnamon Buns -extra electric outlets and please whatever you do , don't let her near chili---------------- <
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>ps don't listen to her offering driving directions....
