Senate District 5 – Meet the California Families Fighting for Injured Patients https://patientsforfairness.org 46 years is too long. Tue, 20 Dec 2022 17:19:48 +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 5 – Meet the California Families Fighting for Injured Patients https://patientsforfairness.org 32 32 Aspen Adams https://patientsforfairness.org/aspenadams/?utm_source=rss&utm_medium=rss&utm_campaign=aspenadams Mon, 14 Jun 2021 23:11:55 +0000 http://34.218.81.217/?p=1371 Baby Aspen undergoes a successful surgery to have a tumor removed, but receives a lethal dose of anesthesia, resulting in her death.

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Aspen Adams was a happy, healthy, energetic baby. But when she was 21 months old, her mother Leah discovered a lump on her belly.

She took Aspen to the doctor the next day, a Monday, and Aspen was quickly sent to the hospital for a CT-scan. By Tuesday morning they knew that Aspen had liver cancer.

Later that morning, Aspen was given anesthesia for an MRI, which made her lethargic and disoriented for the remainder of the day. This made her mother nervous since Aspen was scheduled to have a biopsy the next day. A registered nurse, Leah was worried about what too much anesthesia would do to her tiny daughter. She and the nurses were concerned that Aspen wasn’t ready to go into surgery, but the doctor insisted that they move forward with the biopsy.

When Aspen came out of the operating room, she seemed okay. The procedure seemed to have gone smoothly. But the next day her body was swollen, her urine turned brown, and she was still lethargic.

Medical staff reassured Leah that her daughter was fine and told her the medication was probably the cause of the brown urine.

However, later that day, Aspen’s vital signs plummeted and she passed away. She was killed by a drug overdose, having been given three successive doses of anesthesia within a window of less than 48 hours – before the MRI, during the biopsy, and after the biopsy.

Aspen would have survived the liver cancer after its removal, but her life was cut short by the brazen decision to go ahead with a non-emergency procedure despite overwhelming risk. Experts later confirmed with Leah that her daughter had been given far above the recommended dose of anesthesia for a toddler.  

Aspen’s parents were unable to hold anyone accountable for her death, because of a California’s 46-year-old cap on damages in medical malpractice cases. Lawyers cannot afford to take cases like Aspen’s because in the eyes of the 1975 law, children’s lives are worth very little. It would cost as much to bring this case as a lawyer could possibly recover.

Leah never wants another family to lose a child like hers did. 

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
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Misty Parker https://patientsforfairness.org/mistyparker/?utm_source=rss&utm_medium=rss&utm_campaign=mistyparker Thu, 30 Jan 2020 10:27:00 +0000 http://34.218.81.217/?p=1350 Misty needed emergency surgery to save her life after her doctor botched a procedure he was barred from performing for harming other women.

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Misty Parker is a nurse and an educator. Misty led a very active, normal life. She lifted weights and took care of herself because she understands the role fitness plays in maintaining good health.

Misty did her research and put a lot of thought into her decision to have a breast augmentation. She had met with two other people who had the same surgery.

The doctor she chose to treat her was advertising breast augmentation, emphasizing that he specialized in this procedure. When she went for her consultation, the doctor pushed her to have surgery by a specific date. When she agreed to the surgery, he told her if anything did not go right with the surgery, she would have to go see someone else. What he did not tell her was the reason: two days following her surgery he was beginning a probation sentence for harming three other women during breast augmentations. He was about to be prohibited from performing the very procedure he was planning for Misty but, shockingly, he did not inform her. This lack of transparency nearly cost Misty her life.

Misty Parker

Following her surgery, Misty became ill. She went back to see her doctor. He told her it was just a superficial surgical site infection and that antibiotics would take care of it. Her condition worsened. Within two days, she called another surgeon. The other surgeon had to obtain permission from her doctor to treat her. The new surgeon immediately sent her to the hospital for emergency surgery. Misty was septic and hours away from dying. The emergency surgery saved her life.

During the emergency surgery, it was discovered that her left breast was completely infected and her right breast contained blood clots. Her surgeon told her that it looked like someone had taken a meat cleaver to her chest. Her incision site was so torn up that the surgeon had to leave it open for six months before he could go in and perform another surgical procedure to repair the damage. 

The second procedure left Misty unable to raise her arm. She had to undergo three months of physical therapy in order to regain motion in her arm.

Following her surgery, her husband and daughter had to shower her and dress her. She could no longer take care of herself. As an independent woman, it was incredibly trying to depend on her daughter for the most basic functions.

Her last surgery was in June of 2019. She will still need another procedure to repair an indentation where a muscle was detached. 

Misty talked to a lawyer in Bakersfield. But in California, a cap placed on compensation for medical negligence victims makes it almost impossible for attorneys to pursue cases like Misty’s. That bar on justice for his prior victims allowed the doctor who had already harmed many other women to continue practicing. In Misty’s case, because her health insurance paid most of her medical bills, she could only have recovered the capped amount set in 1975 at $250,000. That amount has never been adjusted, and the costs of a case eat up most of it. So the lawyer discouraged her from pursuing legal action, stating that her doctor would fight the case tooth and nail and that all she would be left with was extreme emotional turmoil. 

The surgeon that saved Misty’s life recommended that she file a complaint with state regulators at the Medical Board. She thought that even if she couldn’t get justice in court, the state would hold her doctor accountable. But her complaint was dismissed without even an investigation. The form letter she received notifying her of the decision stated that there was not enough evidence – yet she had never even been interviewed. 

Today, Misty suffers from anxiety, depression, and PTSD. She is back working as a nurse and is teaching nursing classes. She feels that nurses are advocates for their patients. She does not want her experience with a bad doctor to ruin everything she worked so hard to become. She is sharing her story in the hope that it will save another woman from harm or death.

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

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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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Richard Johnson https://patientsforfairness.org/richardjohnson/?utm_source=rss&utm_medium=rss&utm_campaign=richardjohnson Sun, 12 Jan 2020 09:32:00 +0000 http://34.218.81.217/?p=1122 Richard was a brain cancer survivor. When a mild case of pneumonia put him back in the hospital, his doctor witheld treatment without informing his family. He let him die.

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Richard Johnson was a natural with computers. At 23, he was a talented software specialist and planned to relocate to Texas to move up in the tech world. He was a social butterfly and had a large circle of friends. His mother, Denise, describes him as an understanding listener and hysterically funny. 

However, when Richard developed chronic headaches, his whole life changed. He was soon diagnosed with inoperable brain cancer. Despite a dire prognosis, two years later he officially became a cancer survivor. He had beaten the cancer against all odds. But a series of negligent decisions and senseless withholding of treatment for a mild infection unrelated to the cancer led to his death at age 25.

Richard first assumed his headaches were due to work-related stress and brought bottles of extra-strength aspirin with him to the office. But as they worsened over a few months, his productivity dropped. His doctor told him he just had migraines and offered a prescription, but it didn’t help. He knew he wasn’t doing his job like he used to and sadly was forced to resign.

Richard soon went to the emergency room for stronger pain medication. After further investigation, an MRI showed that his headaches were caused by a tumor in his brain. Further scans and tests revealed that he had an inoperable, malignant brain tumor. He was given just six months to live. Despite his dire prognosis, Richard chose to fight and undergo cancer treatment. 

He first had a shunt placed in his head to relieve pressure. Immediately following the procedure Richard felt increasing numbness and tingling on the right side of his body. He described feeling as though he had been “cut in half.” Over the next two years, the numbness progressed into complete right-side paralysis and he eventually could not walk, talk, or even swallow. 

His doctors attributed these symptoms to the tumor, which they treated with high doses of chemotherapy. According to MRIs, the treatment began to work, and Richard received the miraculous news that his tumor had shrunk. He and his family were thrilled. But, strangely, the paralysis didn’t improve.

Throughout this time, Richard had been researching and learning to cook healthy foods that were known to have natural cancer-fighting antioxidants and immunity boosters. Denise made sure he was getting exercise every day, even as his mobility decreased. They did everything they could to fight the cancer. Richard learned more about the science behind the tumor and even organized a fundraiser for brain cancer research.

When Richard and Denise inquired about his paralysis, his doctor told them he had been mistakenly overdosed on the chemotherapy treatment. Apparently, the toxicity of the drugs were the cause of his muscular weakness. The doctor halved his dose, and Richard waited to see improvement. As he began to show improvement, he was once again overdosed because of a lack of communication between the doctor and pharmacist causing further decline of his entire muscle system. 

Two years after his cancer diagnosis, his tumor was deemed stable and dormant. But the right-side paralysis had not improved, and he was finally referred to a neurologist. This new doctor immediately saw that the shunt which had been placed just after his diagnosis two years prior was “too long” and appeared to be in the left part of his brain, “where it didn’t belong.” Denise was mortified, knowing that her son’s paralysis could have been prevented if the procedure had been done correctly years ago, and if doctors had investigated Richard’s symptoms earlier. But they were hopeful now that they finally knew the cause of the paralysis, and he went in for corrective surgery.

The surgery went well and Richard was recovering at home when one night he became more lethargic and less responsive than normal. Denise took his temperature and found he had a 101-degree fever. They rushed to the nearest hospital. When they arrived, it was determined that the shunt was fine, he just had a mild and treatable case of pneumonia. The next morning, he was doing much better – sitting up in bed, happy and alert. Denise spoke with three doctors, informing them of Richard’s whole medical history, and repeating his current diagnosis of pneumonia. They reassured her they understood the details and would “see him later.” 

Richard Johnson and his brother

Over the next week, Denise never saw his doctors. She showed up to help with his scheduled physical therapy sessions, but the therapist never appeared. Each day, she stopped at the nurses’ station and left a message for Richard’s primary assigned doctor, inquiring about his treatment and missed therapy sessions. She got no answers.

Throughout the week, Richard became lethargic and unresponsive again. Denise didn’t understand why, since he only had a mild case of pneumonia. She continued to seek answers from the medical staff but received no response until his doctor scheduled a family meeting.

At the meeting, the doctor informed Denise that Richard’s treatment had been stopped four days prior. Denise was shocked and perplexed. When she asked for an explanation, the doctor responded, “Well, wouldn’t you rather he die from pneumonia instead of that tumor?” Denise realized Richard’s medical team at this new hospital had a misconception of her son’s condition. They clearly did not understand that he was a brain cancer survivor, and that the tumor was dormant. His new doctor had assumed Richard would soon succumb to brain cancer and allowed the pneumonia to run its course instead.

Denise now understood why Richard had again become unresponsive. The pneumonia had been killing him. She knew the fight was over. She immediately made arrangements to bring him home, where he spent his final hours.

Denise wanted justice for her son. He had overcome so much, only to die a senseless death. She spoke with countless lawyers, but none would take her case because California’s 1975 cap on damages in medical malpractice cases made it unaffordable. Richard was just starting his life and had little to his name compared to the funds a lawyer needs to recruit expert medical witnesses. As the mother of a young man killed by medical negligence, Denise never wants anyone to go through what her family went through. As a Native American woman, she recognizes her son’s repeatedly poor treatment as perhaps part of the broader issue of racism in the medical field. She wants others to know her son’s story, in the hope that it will bring change.

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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Shawn E. Washington II https://patientsforfairness.org/shawnwashington/?utm_source=rss&utm_medium=rss&utm_campaign=shawnwashington Sat, 11 Jan 2020 10:24:00 +0000 http://34.218.81.217/?p=1344 Shawn dies a preventable death due to undiagnosed pneumonia after 7-hour wait in the emergency room.

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Shawn Washington II was a mentor to his siblings and summer campers, a talented photographer and musician, and an expecting father. He lived with his mother and grandparents to help take care of them and supported his mother financially. A quiet leader, he was beloved within his community.

When Shawn came down with flu-like symptoms in April 2019, his family figured he would quickly recover. But a few weeks later, after trips to multiple doctors, he had trouble breathing and began coughing up blood. He was rushed to the hospital but was left in the ER, waiting for test results and treatment, all night long. At intake, he was asked multiple times about his insurance status, and about whether he was HIV positive or used needles. There was no urgency to treat him. Over seven hours he coughed up bagfuls of blood and requested intubation because he could not breathe. In the early morning the next day, his sister Sharon overheard medical staff agree to put off his intubation because they knew their shift break was coming up. 

By the time Shawn was intubated, he was already going into cardiac arrest. Staff performed CPR, but it was too late. Shawn passed away, leaving behind his unborn daughter, fiancé, and family to reckon with his loss.

Sharon wants justice and accountability for her brother’s death. After being turned away by several lawyers, she was able to convince the NAACP to help but unfortunately, it was a dead end. Only then did she learn about a California law from 1975 that caps compensation for the death of a family member due to medical negligence. Because of this limit, most families who lose a loved one like Shawn are turned away by lawyers because the cost of a case is as much as the family can hope to recover under the cap. Sharon wants this law changed so that families like hers can hold medical providers accountable when they lose loved ones to medical negligence. Because even though they eventually found a lawyer, many never will. 

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

Screen Shot 2021-06-14 at 4.19.44 PM

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 Shawn E. Washington II appeared first on Meet the California Families Fighting for Injured Patients.]]>