PLANO — A top North Texas hospital is accused of letting a dangerous surgeon operate on patients, causing their paralysis... and even death.
The allegations are laid out in federal lawsuits against Baylor Plano by two patients who say the surgeon should never have been given credentials.
Dr. Christopher Duntsch had billed himself as one of the most accomplished spine surgeons in North Texas. So much so that in July 2011, Baylor Plano agreed to pay him $50,000 a month plus expenses to work exclusively at their hospital.
But according to a lawsuit filed by Dallas attorney Kay Van Wey, Duntsch's previous employer had identified him as "an egomaniac, mentally ill, an alcoholic, drug addict or a combination thereof."
Baylor has yet to file a response in the suit, and generally denies the allegation.
Van Wey said Baylor Plano was warned, but hired Duntsch anyway.
"But after that there were multiple, multiple opportunities for them to stop him," Van Wey told News 8.
Duntsch began his practice at Baylor in July 2011.
Kenneth Fennell of Oak Point said he was one of Duntsch's first victims. He underwent two surgeries. Van Wey says both were unnecessary; the second left Fennell permanently disabled.
In December 2011, Duntsch performed back surgery at Baylor Plano on Lee Passmore. Passmore — who said he lives in constant pain with no hope for relief — is also suing Baylor.
"I haven't been able to walk straight, or run, or anything since that surgery," Passmore said.
During his surgery, according to the suit, an assisting surgeon noticed Duntsch allegedly botching Passmore's operation and had to physically intervene.
"He said, 'Stop doing what you are doing,' because Duntsch was going to damage Lee's spinal cord if he continued," said James Girards, Passmore's attorney. "Duntsch refused to stop."
Girards said the altercation was witnessed by hospital staff but never reported, an allegation that Baylor denies.
One month later, according to the suit, other surgeons described Duntsch as "an impaired physician, a sociopath who must be stopped from practicing medicine."
But no one stopped him from operating on his own roommate and best friend Jerry Summers, who could walk the day before the operation at Baylor.
The day after his surgery, he was a quadriplegic.
"It was supposed to be a pretty common surgery, and I was supposed to walk in one day and walk out the next," Summers said.
According to Fennell's suit, Summers admitted to nursing staff that he had witnessed Duntsch using drugs the night before surgery. The lawsuit alleges an attorney representing Summers called Baylor Plano and "reported the allegations concerning Dr. Duntsch's drug use."
Duntsch’s privileges were suspended, but only for a few weeks.
The suit alleges on his second day back from suspension at Baylor Plano, hospital officials let him operate on Kelly Martin of Garland. Duntsch allegedly botched her surgery.
She died from massive blood loss.
"They should have stripped him of his hospital privileges,” Van Wey said. “They should have reported him to the Texas Medical Board. They should have reported him to the National Practitioner Data Bank."
Instead, after leaving Baylor Plano, Duntsch received temporary privileges to operate at Dallas Medical Center. The suit alleges "Baylor Plano sent a letter of recommendation for Duntsch to Dallas Medical Center [...] stating there were no adverse events or adverse issues associated with Duntsch."
"I had no negative reviews or disciplinary actions," Duntsch told News 8 during a phone conversation last summer. "They wrote me a letter saying that I was in good standing the whole time. There was never any discipline, and I was never, ever reviewed."
A Baylor spokesperson told News 8 last year it did not file any formal complaints about Duntsch.
"Generally speaking, since we did not file any complaints against him, he would have been in good standing when he resigned," said Baylor spokesperson Jennifer McDowell.
In a response filed in the Passmore suit, Baylor denies giving Duntsch a letter of recommendation, and denies all of the key allegations being made in the lawsuit.
"The quality of patient care we provide is of paramount importance to us," McDowell said in a prepared statement for the media. "We take all patient care-related claims very seriously."
According to the lawsuit, after Duntsch left Baylor in "good standing," another of his patients — Floella Brown — died of excessive blood loss.
Another patient suing Duntsch, Jeff Glidewell, said the doctor left him partially paralyzed as well.
Victim after victim (or their surviving families) are all making the same or similar claims — that Christopher Duntsch should have been stopped before he was allowed to operate on them.
"They should have suspended his license until they figured out what was going on, but they didn't," Passmore said.
The lawyers suing Baylor say their cases are made difficult by Texas law, which says they can't just prove Baylor was "negligent." Those lawyers have to prove "malice" — essentially having to prove that Baylor meant to harm patients when they let Duntsch operate on them.
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Source: WFAA (Shipp, 2/10)
Tuesday, February 25, 2014
Thursday, February 20, 2014
Austin couple gets free wedding after crash
AUSTIN -- This Valentine’s Day, an Austin couple shares their story of love, commitment and generosity.
KVUE first reported on Kellie Mandley and Luke Hsiao in 2011, after Mandley was severely injured in a car crash, suffering a spinal cord injury. Hsiao stayed by her side, nursing her back to health and helping with her physical therapy.
Shortly after the accident, Hsiao got on bended knee and proposed to Mandley while she was in the hospital. The two had dated for seven years before the accident, meeting their freshman year at Texas A&M University.
"He swept me off my feet. That’s how it all started,” said Mandley.
"I just wanted to get to know more about her the second I saw her,” said Hsiao.
Mandley uses a wheelchair, and Hsiao is her primary caregiver, helping her with everyday things from cooking dinner to doing her hair.
"Spinal cord injuries affect a lot more than just your legs. She has limited dexterity in her fingers," said Hsiao.
Mandley has endured hundreds of hours of physical therapy continuing to keep her outgoing, upbeat attitude, and she is now ready to tie the knot.
"I’m finally more confident. I’m building my strength and becoming more independent," said Mandley.
After the story of their engagement aired on KVUE in 2011, wedding planner Donna Gostecnik offered to plan their wedding for free.
"The fact Luke has stayed with her and been an integral part of her recovery is just, you just don’t see that these days,” said Gostecnik.
She contacted wedding businesses in Austin who are donating everything for free to make the couple’s day special.
This week they discussed their groom’s cake and tasted flavors at Sweet Treet’s Bakery.
"It’s such a sad but sweet story, and I’m the type of person once I found out what a fighter she is, I had to help out,” said Sweet Treet’s Bakery owner Jackie McGrath.
"I’m just so happy. I don’t think I would be planning a wedding if it weren’t for everyone else," said Mandley.
Vista West Ranch is providing the wedding venue and reception area. Pink Avocado is providing the catering. Alfred Angelo donated Mandley's wedding dress. Blonde Faith Salon is providing a stylist. Teri Palmer is doing her make-up. Petal Pushers is donating flowers. Hill Country Cupcakes are doing the main wedding cake. Premiere Party Central and Le’Sha Designs are donating rental equipment. Marci Palmer is doing the photography. Obi Ariguzo is the videographer. Musical Discovery Chamber is providing wedding music and ProMusic DJs is providing the reception music. Central Texas J Booth is donating a photo booth.
The couple still need a place to hold their rehearsal dinner, a limousine, hotel rooms and a tuxedo for the groom. Contact Donna Gostecnik at her website, The Wedding Belles to donate.
The wedding is set for Sept. 14, 2014.
Source: KHOU (Mingus 02/14)
Labels:
auto accident,
auto injuries,
car accident,
car injuries
Monday, February 10, 2014
No jail for 'affluenza' teen in fatal crash draws outrage
In a case with growing political ripples, a Texas judge's reaffirmation placing a teen involved in a drunken-driving fatal accident on probation is drawing fresh outrage from the victims' families.
Ethan Couch, 17, will be on 10 years probation after Texas District Judge Jean Boyd again decided against jail time. He'll also be in a drug and rehab center for an unspecified time. Couch's attorneys used an "affluenza" defense at his trial last year, saying the then 16-year-old had grown up with a sense of entitlement and developed poor judgment after being coddled by his wealthy parents.
Prosecutors said Couch's blood-alcohol level was three times the Texas legal limit when his pickup slammed into a group of people who were helping a woman with a stalled car last June. The driver, Breanna Mitchell, and bystanders Brian Jennings, Hollie Boyes and daughter Shelby, were killed. Nine others were injured.
According to police, Couch was going 70 mph in a 40 mph zone when he lost control of his father's pickup and his blood alcohol content was 0.24. The state's legal limit for adults is 0.08. Couch had been cited earlier in 2013 for being a minor in possession of alcohol and consuming alcohol as a minor, pleading no contest to both charges in a March hearing.
Couch, who pleaded earlier to four counts of intoxication manslaughter, was back in court this week after prosecutors again sought a 20-year jail term related to the crash. But in a hearing closed to the media, Boyd reaffirmed her earlier sentence.
Psychologist G. Dick Miller testified at Couch's trial that the you was given "freedoms no young person should have" and that he felt no rational link between behavior and consequences. Miller has since regretting using the term affluenza.
"This kid had medical problems, he had social anxiety disorder, he had all sorts of things. He had depression. He found alcohol was his medicine," Miller said in a December interview. "I think that term, 'affluenza,' which I was just using to describe what we used to call spoiled brats, it's not a diagnosis."
Two Texas gubernatorial candidates have spoken out on the case, while court observers and psychologists say the affluenza defense could be used in future cases involving juveniles, sending a dangerous message that could reinforce reckless behavior and poor judgment.
Victims' family members remain outraged.
"No matter where he goes ... no matter what game he and his family think they've beaten ... the world is not ever going to take their eyes off of him," said Marla Mitchell, Breanna's mother. "Let's let them know that no amount of money or prestige is ever going to grant them immunity for what they chose for their life that caused this for our lives."
Eric Boyles, who lost his wife and daughter in the accident, said news media should have been allowed in the juvenile court hearing.
"If anything, the ability to tamp this down, keep this quiet, let this go away is absolutely the wrong thing to do. Absolutely this story has to go on,'' he said.
The case could be a hot-button political issue. Democratic gubernatorial candidate Wendy Davis has called Boyd's decision a disgrace. And Attorney General Greg Abbott, a Republican contender, said he's trying to determine if Couch's sentence can be appealed.
Lt. Gov. David Dewhurst, who serves as president of the Senate, has already asked for a sentencing guideline study of intoxication manslaughter cases.
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Source: US Today (Strauss, 2/06)
Ethan Couch, 17, will be on 10 years probation after Texas District Judge Jean Boyd again decided against jail time. He'll also be in a drug and rehab center for an unspecified time. Couch's attorneys used an "affluenza" defense at his trial last year, saying the then 16-year-old had grown up with a sense of entitlement and developed poor judgment after being coddled by his wealthy parents.
Prosecutors said Couch's blood-alcohol level was three times the Texas legal limit when his pickup slammed into a group of people who were helping a woman with a stalled car last June. The driver, Breanna Mitchell, and bystanders Brian Jennings, Hollie Boyes and daughter Shelby, were killed. Nine others were injured.
According to police, Couch was going 70 mph in a 40 mph zone when he lost control of his father's pickup and his blood alcohol content was 0.24. The state's legal limit for adults is 0.08. Couch had been cited earlier in 2013 for being a minor in possession of alcohol and consuming alcohol as a minor, pleading no contest to both charges in a March hearing.
Couch, who pleaded earlier to four counts of intoxication manslaughter, was back in court this week after prosecutors again sought a 20-year jail term related to the crash. But in a hearing closed to the media, Boyd reaffirmed her earlier sentence.
Psychologist G. Dick Miller testified at Couch's trial that the you was given "freedoms no young person should have" and that he felt no rational link between behavior and consequences. Miller has since regretting using the term affluenza.
"This kid had medical problems, he had social anxiety disorder, he had all sorts of things. He had depression. He found alcohol was his medicine," Miller said in a December interview. "I think that term, 'affluenza,' which I was just using to describe what we used to call spoiled brats, it's not a diagnosis."
Two Texas gubernatorial candidates have spoken out on the case, while court observers and psychologists say the affluenza defense could be used in future cases involving juveniles, sending a dangerous message that could reinforce reckless behavior and poor judgment.
Victims' family members remain outraged.
"No matter where he goes ... no matter what game he and his family think they've beaten ... the world is not ever going to take their eyes off of him," said Marla Mitchell, Breanna's mother. "Let's let them know that no amount of money or prestige is ever going to grant them immunity for what they chose for their life that caused this for our lives."
Eric Boyles, who lost his wife and daughter in the accident, said news media should have been allowed in the juvenile court hearing.
"If anything, the ability to tamp this down, keep this quiet, let this go away is absolutely the wrong thing to do. Absolutely this story has to go on,'' he said.
The case could be a hot-button political issue. Democratic gubernatorial candidate Wendy Davis has called Boyd's decision a disgrace. And Attorney General Greg Abbott, a Republican contender, said he's trying to determine if Couch's sentence can be appealed.
Lt. Gov. David Dewhurst, who serves as president of the Senate, has already asked for a sentencing guideline study of intoxication manslaughter cases.
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Source: US Today (Strauss, 2/06)
Wednesday, February 5, 2014
West blast makes list of Texas lawmaker priorities
Austin, Texas -
The West fertilizer blast that killed 15 people will face more scrutiny over the next year from lawmakers who could strengthen state regulations surrounding chemical facility safety and inspections, according to a list of House priorities released Friday.
Republican House Speaker Joe Straus also directed a review of first responders in rural areas dependent on volunteer units such as in West, where most of the victims who rushed toward the April 17 blast at West Fertilizer Co. were volunteer firefighters.
More permitting for chemical facilities, however, won't likely come in the aftermath of one of the deadliest U.S. plant explosions in recent years.
El Paso Democrat Joe Pickett, chairman of the House Homeland Security and Public Safety Committee, said his panel is instead focusing on giving more oversight authority to current agencies. State inspectors, for example, could be given more power to enter chemical plants.
Last fall, State Fire Marshal Chris Connealy testified that several large fertilizer chemical plants in Texas turned away inspectors following the West blast.
"'I'm not looking at a whole bunch of regulation, or raising money through permit fees or overburdening businesses," Pickett said. "But I think there definitely needs to be a few changes so we can hopefully avoid situations like this."
The explosion injured an additional 200 people and caused more than $100 million in damages. Investigators have not yet determined a single cause or ruled out criminal charges
Investigating the West blast is among dozens of issues Straus ordered lawmakers to study before returning to the Capitol next year. Known as interim charges, the list also includes monitoring the federal health care marketplace in Texas and reviewing how 17-year-olds are considered adults in the state criminal justice system.
"I am confident that we can continue to address these issues in a responsible, bipartisan way," Straus said in a statement.
Pickett's committee already held two meetings last year following the West explosion. Texas has no state fire code, and Connealy's office lacks the power to make unannounced inspections of businesses or compel facilities to open their doors.
The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and Connealy's office have said they've narrowed the initial fire that sparked the explosion to three possible causes: a battery-powered golf cart, an electrical system in the plant or a criminal act.
Authorities say a fire inside one of the storage buildings at West Fertilizer led to the detonation of ammonium nitrate, a commonly used fertilizer that can be unsafe when stored improperly. Myriad state and federal agencies are also examining the incident for recommendations on how to improve the storage of ammonium nitrate and its potential hazards.
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Source: States Man (Weber 01/31)
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