Senate District 17 – Meet the California Families Fighting for Injured Patients https://patientsforfairness.org 46 years is too long. Tue, 20 Dec 2022 17:19:47 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 https://patientsforfairness.org/wp-content/uploads/2021/06/cropped-favicon-1-90x90.png Senate District 17 – Meet the California Families Fighting for Injured Patients https://patientsforfairness.org 32 32 Don Stegman https://patientsforfairness.org/donstegman/?utm_source=rss&utm_medium=rss&utm_campaign=donstegman Mon, 20 Jan 2020 09:57:00 +0000 http://34.218.81.217/?p=1290 A doctor's failure to address psychiatric side effects of medication leads to the death of cancer survivor, Don.

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After forty years of marriage, Don and Jill Stegman had it all—two beautiful children, a stable relationship, fulfilling careers. But a blood cancer led Don to a bone marrow transplant in 2007. Recovery over the next several years included frequent bouts of graft-versus-host disease, which was treated with a drug called prednisone.

Prednisone is a corticosteroid, a potent inflammation fighter for many types of illnesses and diseases from rheumatoid arthritis to glaucoma. In fact, over 55 million prescriptions a year are written for this drug. But while it is a life-saver for many, it comes at a terrible cost for those who must stay on high doses for prolonged periods of time. Long-term use can lead to heart disease, kidney disease, osteoporosis, diabetes, and psychiatric reactions. Don was prescribed high doses of prednisone on and off for several years following the bone marrow transplant for flareups of graft-versus-host disease.

Although Don’s doctors seemed to be on top of the physical problems Don experienced from prednisone, Jill was concerned about Don’s mental deterioration while he was on the drug. During this time Don became initially euphoric, then had insomnia, and finally “crashed and burned,” acting erratic and combative. Don had never been that way. Jill and Don always had a close relationship, hiking the hills around their home in Atascadero, biking the country roads, and walking on the beach in Morro Bay. Now Don seemed like a stranger who could barely tolerate Jill’s presence. 

These symptoms usually subsided when Don was tapered to lower doses of prednisone, but in 2013 Don suffered a severe development of pneumonia and had to be treated with prednisone again. This time Don reacted with severe psychiatric symptoms. He became paranoid and particularly combative. He was told to leave a local pharmacy when he became frustrated with a prescription refill. He refused to eat Jill’s meals, saying her food “tasted funny” and that it contained ingredients he wasn’t supposed to be eating, even though his doctors hadn’t prescribed any food restrictions. 

Jill knew that she had to get help for Don, and his doctors were her only hope since he refused to get help on his own. She was so concerned that she called his local oncologist’s office and reported that Don was “a danger to himself and others,” which is supposed to be a warning that requires immediate response, but Don’s oncologist never called Jill back. In fact, he never even mentioned Don’s mental health on the next visit.

Jill was in despair. From her research she read that psychiatric problems were common in people on corticosteroids like prednisone. Studies indicated that actual mood disorders could occur as well as depression. Jill read that patients on prednisone could become suicidal. Don’s doctors should have known this information since they commonly treated patients with high doses of prednisone. They had seen Don when he was acting aggressively. One had even commented that his behavior was “scary.” 

The studies said that close monitoring of patients for psychiatric problems was crucial and that patients should be tapered from the drug if possible and be placed under psychiatric care if symptoms did not decrease. Specific drugs were recommended for treatment of psychiatric conditions that persisted during the tapering off period. 

Jill called Don’s doctor and described Don’s mental instability and that he needed immediate intervention. By then Don had instigated a confrontation with a parking lot attendant at the hospital and his doctor had been informed about the incident. The doctor acknowledged that Don had a problem but refused to prescribe any drugs or call for a psychiatric evaluation, saying that “Don will be fine” once he was tapered off the prednisone, which would take months. The doctor had no other advice for Jill. 

Over the next months Don did change. He became less angry and irrational, but he wasn’t normal. Jill noticed that Don didn’t get the same enjoyment out of his life. He became quiet and withdrawn. But Jill kept thinking he’d return to normal because Don’s doctor had assured her with the words, “If we just taper him off the prednisone, he’ll be fine.”

On a bright day in November, Don and Jill went for a stroll on their favorite beach with their little dog. Their son, John, was completing his law school studies and their daughter, Anna, was home from college. Don stared out at the wind surfers performing their acrobatic maneuvers in the waves. He’d been an avid surfer himself until recently when various medications had affected his balance. Don looked at Jill solemnly and admitted that he was very depressed. He agreed to get help.

Jill stuck by Don over the weekend until the next business day, when doctors’ offices were open. She called Don’s doctors first but received no help. Don’s primary care physician told her the doctor didn’t see patients for depression and suggested calling psychiatrists’ offices, but none of them took Medicare. The local oncologist’s receptionist told her that the doctor didn’t see patients for depression. Jill felt an overwhelming sense of dread, realizing that she was on her own in finding mental health assistance. 

After two hours of calling, Jill wasn’t able to locate a psychiatrist for Don. They either weren’t taking new patients or they didn’t take Medicare. Suddenly Don rose from the kitchen table and ran out the door to the garage. Jill heard the truck pull away.

Jill continued calling, hoping that Don would soon return. He had disappeared before during the last few months. She finally stopped calling at noon, when most doctor’s offices were closed for lunch. Don had now been gone for several hours. 

Sensing impending doom, Jill waited through the afternoon. She finally called the police to report that her depressed husband had been missing all day. Late that night two sheriffs knocked on her door. They reported that Don’s body had been found. He’d shot himself in the head with his grandfather’s old shotgun.

Jill began contacting medical malpractice attorneys, not as a way to seek vengeance against a medical establishment whose dismissal of Don’s symptoms led to his death, but rather to hold these medical professionals accountable and prevent this kind of neglegience from happening to others. Many attorneys listened to Jill and agreed that she had legitimate cause for a medical malpractice lawsuit. However, none would take her on because of the 1975 California law that limits the wrongful death component of medical malpractice lawsuits to only $250,000 — so low that it would have cost as much to take Don’s case to trial as any potential recovery. 

Californians will have the chance to vote on the Fairness for Injured Patients Act on the November 2022 ballot. The Fairness Act would update California’s medical malpractice damage cap for nearly 50 years of inflation, and allow judges and juries to decide fair compensation in cases involving catastrophic injury or death.  Learn more about this campaign for patient safety.

Meet more patients

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A state law that hasn’t changed since 1975 caps compensation for families harmed by medical negligence. The limits apply to lost quality of life, even if a patient loses a leg, a child, or is disabled for life. Click on the picture of the map to find patients by the State Senate Districts they live in.

Paid for by Consumer Watchdog Campaign for the Fairness for Injured Patients Act
Committee Major Funding from:
Consumer Watchdog Campaign Nonprofit 501(c)(4)

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Adam Glover https://patientsforfairness.org/adamglover/?utm_source=rss&utm_medium=rss&utm_campaign=adamglover Sun, 19 Jan 2020 09:20:00 +0000 http://34.218.81.217/?p=1281 When 12-year-old Adam has his appendix removed, signs that something else is wrong go ignored, resulting in his death.

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Adam had always been a perfectly healthy boy, and the outdoors was his paradise. He was twelve years old when he went on a glorious camping and hiking trip in Yosemite with his Dad.

The pair of them hiked, climbed and biked together. But on the fourth day of this long-awaited Yosemite trip, Adam’s stomach hurt. As it got worse, and he vomited, his father suspected appendicitis and took him to the Yosemite Park clinic. There, the doctor quickly advised going to the hospital in Modesto. Doctors at the hospital made a diagnosis of appendicitis.

In the pre-dawn hours, Adam had emergency surgery and his inflamed appendix was removed by a surgeon who had already been on duty for 20 hours. Despite also finding and removing two liters of blood-tinged fluid in Adam’s abdominal cavity, which should have rung alarm bells, the general surgeon never ordered follow-up lab work and failed to call in a pediatrician.

A cascade of human error and organizational paralysis killed the Glovers’ only child. Nurses who called the surgeon got little response as Adam faded away after awakening from the anesthetic. When the surgeon did come by, about twelve hours after the surgery, she did not see reason for alarm or action despite his elevated heart rate, lowered blood pressure and total lack of urinary output, indicating kidney failure. His pain was increasing, he suffered through continued vomiting, and had a tight, distended stomach. There was no pediatrician attending him, though a pediatrician would have understood that fluid loss, to which children are far more sensitive, was killing him.

The last time the physician saw Adam, at 5:30 PM, she had been working for nearly thirty-six hours. She told Adam’s mother, Sarah, “Don’t worry, he’ll be fine,” and went home. Less than four hours later, Adam collapsed in full cardiac arrest after walking down the hall with his mother.

The root cause of his demise was hypovolemia—the lack of sufficient fluid volume for the heart to keep pumping. His internal fluid loss and vomiting had overwhelmed the very slow, routine IV drip installed after surgery. His official death came after eight hours on full life support.

As an additional outrage, the Stanislaus county coroner declared the cause of Adam’s death as “aspiration pneumonia” caused when he collapsed and inhaled vomit. His parents received conflicting information regarding what really happened during the “code blue” which was lengthy and calamitous. No attempt was made to discover the root cause of Adam’s death.

After blurred months of grief and questioning, his parents decided to sue the surgeon, hoping that a lawsuit would get her and the hospital’s attention. Numerous surgeons and specialists described Adam’s treatment as clear malpractice. They wanted new rules that would ensure pediatric follow-up for ill children, and rules that would empower nurses to call out a doctor when they think errors are harming patients.

That was when they slammed into California’s outdated medical malpractice law from 1975, which caps compensation when children like Adam are killed by medical negligence. The cap has never been adjusted for inflation since the law’s passage 45 years ago. Because of the cap, most lawyers cannot afford to take cases involving children because the costs of bringing a case outweigh any possible recovery.

Adam’s parents finally did find one very good lawyer willing to take the case, if only out of sympathy and outrage. But as they moved forward, the defense lawyers’ strategy was one of endless delay and obstruction. They knew that every delay cost Adam’s parents’ lawyer out-of-pocket.

The parents’ lawyer, struggling even to get depositions for more than a year, finally had to drop the case because of cost. Adam’s parents refused a very small settlement that would have required them to remain silent about Adam’s death, and would have allowed the surgeon to keep the case a secret from future patients. The hospital stonewalled their efforts to speak to the staff and urge stronger patient safety rules.

Sarah says she will never overcome her grief at Adam’s death, and no one—not the surgeon nor the hospital—will have to answer for it.

Sarah and the experts who examined Adam’s case strongly believe that negligence occurred and that simple procedural rule changes would have prevented his death. But because the lawsuit cap almost always relieves medical providers of accountability, nothing is changed. The next child, and the next, could die as a result. 

Californians will have the chance to vote on the Fairness for Injured Patients Act on the November 2022 ballot. The Fairness Act would update California’s medical malpractice damage cap for nearly 50 years of inflation, and allow judges and juries to decide fair compensation in cases involving catastrophic injury or death.  Learn more about this campaign for patient safety.

Meet more patients

Visual Portfolio, Posts & Image Gallery for WordPress

Click the map to view stories by Senate District

A state law that hasn’t changed since 1975 caps compensation for families harmed by medical negligence. The limits apply to lost quality of life, even if a patient loses a leg, a child, or is disabled for life. Click on the picture of the map to find patients by the State Senate Districts they live in.

Paid for by Consumer Watchdog Campaign for the Fairness for Injured Patients Act
Committee Major Funding from:
Consumer Watchdog Campaign Nonprofit 501(c)(4)

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Naya Manalo https://patientsforfairness.org/nayamanalo/?utm_source=rss&utm_medium=rss&utm_campaign=nayamanalo Sat, 18 Jan 2020 09:23:00 +0000 http://34.218.81.217/?p=1286 Infant Naya dies on life support after post-birth protocol is neglected and medical providers downplay her parents' concern.

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Jamie Maraviglia’s pregnancy and delivery with her daughter Naya was fairly routine and uneventful. After Naya’s birth, Jamie and her husband Dan were excited to bring their daughter home and enjoy their new family of four.

Everything appeared to be fine at first, but Naya did not have a bowel movement within the first 24 hours of birth and was refusing to eat. Jamie and Dan were concerned but were told by their pediatrician that Naya was fine and to keep trying to get her to eat. Believing that the hospital would never send their baby home if they suspected anything was wrong, they took her home.  

When they arrived home, it was extremely stressful. Naya was lethargic and they had to keep waking her up for feedings. She refused to breast or bottle feed and when her father would try to feed her with a syringe, she would spit it out. Jamie and Dan kept telling the doctors that something was wrong, but no one would listen.  

For the next five days, Jamie and Dan’s pediatrician repeatedly told them to keep attempting to feed Naya and give her suppositories to force bowel movements. As her condition worsened, no tests were run. Instead, the parents were told that they were over-exaggerating the situation and needed to try harder. After five days, they were fed up and took Naya to the ER.

Emergency x-rays finally revealed a potential bowel obstruction. Naya was transferred to a hospital in LA and rushed into surgery, but her heart, lungs, and kidneys were failing. Naya survived for another six weeks on life support. Jamie and Dan were ultimately forced to make a decision that no parent should ever have to make. They took her off of life support and Naya died in her father’s arms.  

Like most people, Jamie and Dan put a lot of trust in doctors. They did everything they were told to do, yet their baby died. The providers caring for Naya after she was transferred to Los Angeles kept asking them why she was released after birth before she had a bowel movement and why they hadn’t begun testing for Hirschsprung’s Disease.

Naya’s life could have been saved if her medical providers had taken her symptoms seriously and began testing. They would have recognized the clear-cut symptoms of Hirschsprung’s Disease Naya was exhibiting and began testing her bowel function and biopsied her rectum and colon. The tests would have shown that she had Hirschsprung’s disease, a disease that is extremely treatable if detected early.  

Life following Naya’s death was a very dark time for Jamie and Dan. Losing their daughter just a few days before their first anniversary put their entire married life in extreme stress. They lost their sense of trust and changed the way they look at the world. Their sense of justice is gone.  

The couple talked to several attorneys but were told it was impossible to take their case to court due to the law passed in 1975 that limits compensation when children die due to medical negligence. There was nothing they could do to seek justice for Naya.  

Arroyo Grande, and the whole San Luis Obispo area, is a very small community. As they were trying to cope with their loss, they kept running into the pediatrician around town. She never took responsibility, even when the couple tried following up with her after Naya’s death. If they had access to a courtroom, they believe that it would have forced some accountability and a change in protocol. It would never make up for what happened, but it could save another infant’s life. Since nothing was learned from their tragedy and nothing has changed, they absolutely believe it could happen to someone else. Their daughter motivates them to advocate for other injured patients. She was robbed of her voice. They want to make sure another family does not have to face this tragedy. 

Californians will have the chance to vote on the Fairness for Injured Patients Act on the November 2022 ballot. The Fairness Act would update California’s medical malpractice damage cap for nearly 50 years of inflation, and allow judges and juries to decide fair compensation in cases involving catastrophic injury or death.  Learn more about this campaign for patient safety.

Meet more patients

Visual Portfolio, Posts & Image Gallery for WordPress

Click the map to view stories by Senate District

A state law that hasn’t changed since 1975 caps compensation for families harmed by medical negligence. The limits apply to lost quality of life, even if a patient loses a leg, a child, or is disabled for life. Click on the picture of the map to find patients by the State Senate Districts they live in.

Paid for by Consumer Watchdog Campaign for the Fairness for Injured Patients Act
Committee Major Funding from:
Consumer Watchdog Campaign Nonprofit 501(c)(4)

The post Naya Manalo appeared first on Meet the California Families Fighting for Injured Patients.]]>