THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700
rodwelch@pacbell.net


S U M M A R Y


DIARY: July 27, 2010 08:11 AM Tuesday; Rod Welch

Legal support requested Millie file claim for damages against Kaiser/UCSF.

1...Summary/Objective


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CONTACTS 

SUBJECTS
Default Null Subject Account for Blank Record

0403 -
0403 -    ..
0404 - Summary/Objective
0405 -
040501 - Follow up ref SDS F2 0000, ref SDS F1 0000.
040502 -
040503 -
040504 -
040505 -
040506 -
040508 -  ..
0406 -
0407 -
0408 - Background
0409 -
040901 - On 010427 0830 meeting at Kaiser - Doctor Johnson notes Millie looks
040902 - so good nobody can believe she has such severe cancer, ref SDS 69
040903 - OJ6I; the doctor explained again Millie's cancer has mutated through
040904 - 11 relapses to resist chemotherapy.  The doctor advised that Kaiser
040905 - has a new strategy for Millie to recover from UCSF medical mistakes by
040906 - treating cancer as a chronic disease "targeting" the genetic profile
040907 - of cancer that has mutated in patients, like Millie, to resist
040908 - chemotherapy. ref SDS 69 SJ6N
040910 -  ..
040911 - On 100501 1037 Millie letter to medical team confirms Kaiser's new
040912 - strategy to treat Millie's cancer with "targeted therapy." ref SDS 70
040913 - F25O  Millie requests Kaiser immediately switch from Abraxane
040914 - chemotherapy that has failed, and implement Doctor Rugo's plan at UCSF
040915 - on 090616, to treat Millie with PARP that is "targeted" to Millie's
040916 - rare patient profile of "triple negative" and avoids pain and
040917 - suffering from chemotherapy side effects, and for the purpose of
040918 - recovering from UCSF medical mistakes. ref SDS 70 U47P and ref SDS 70
040919 - U49V
040921 -  ..
040922 - On 100501 2017 Doctor Rugo reports plans to collaborate with Doctor
040923 - Johnson at Kaiser on work plan for Millie to recover from 11th relapse
040924 - of cancer caused by UCSF medical mistakes. ref SDS 71 HH4I
040926 -  ..
040927 - On 100502 2143 Kaiser confirms that some patients respond well to new
040928 - "targeted" therapies. ref SDS 73 YX8L  Kaiser contends that all of the
040929 - strategies for "targeted" therapies have been executed for Millie,
040930 - which seems conflicting with the record in this case. ref SDS 73 MZ4N
040932 -  ..
040933 - On 100503 1522 Millie notifies medical team that time of the essence
040934 - to get the next treatment going. ref SDS 74 TD5W
040936 -  ..
040937 - On 100503 1945 Kaiser notifies Millie to get remaining 2 treatments
040938 - with Abraxane chemotherapy that seems to be failing, and then after 3
040939 - more weeks without treatment, following a trip abroad, the doctor will
040940 - discuss "next steps." ref SDS 75 YL5N
040942 -  ..
040943 - On 100503 2338 Millie reports to medical team that she will implement
040944 - Kaiser's guidance to delay changing treatments, and takes Kaiser's
040945 - letter on 010503, as assurance that recovery will be equal to changing
040946 - treatment immediately on 100505. ref SDS 76 6X7S
040948 -  ..
040949 - On 100504 1609 Sara, Practice Manager for the UCSF Oncology Breast
040950 - Care Clinic, called and notified Millie that Doctor Rugo will soon
040951 - communicate with Doctor Johnson, or had already done so, to coordinate
040952 - with Kaiser on planning Millie's next treatment to recover from the
040953 - 11th relapse of cancer. ref SDS 77 NT5N
040955 -  ..
040956 - On 010505 0730 Millie received the 2nd treatment at Kaiser for the 3rd
040957 - cycle of Abraxane chemotherapy, as ordered by Doctor Johnson.
040958 - ref SDS 78 KE4K
040960 -  ..
040961 - On 100511 0900 cancer marker CA 15-3 520 increased another 100 points,
040962 - seemingly on an accelerating rise, which threatens to cascade out of
040963 - control, because Abraxane chemotherapy is not effective. ref SDS 79
040964 - L54I
040966 -  ..
040967 - On 100512 0730 Millie received 3rd treatment for 3rd cycle of
040968 - Abraxane. ref SDS 80 KE4K
040970 -  ..
040971 - On 100515 1415 Millie departed 2-week trip to Europe. ref SDS 81 PK9O
040973 -  ..
040974 - On 100527 0217 Millie files claim with Kaiser Claims Resolution
040975 - Department for standard of care to recover from 11th relapse of cancer
040976 - caused by medical mistakes getting radiation treatments at UCSF on
040977 - referral from Kaiser. ref SDS 82 IZ7N
040979 -  ..
040980 - On 100528 0322 Millie requests support from Medicare to separate
040981 - recovery for medical mistakes getting radiation from UCSF, from health
040982 - care benefits limited by Medicare insurance coverage. ref SDS 83 QQ6N
040984 -  ..
040985 - On 100528 1031 called Medicare they have formed a team to review
040986 - Millie's case, and contacted Kaiser's Claims Resolution Department for
040987 - response to Millie's claim. ref SDS 84 4W5F
040989 -  ..
040990 - On 100601 0136 Millie submitted agenda to medical team for meeting
040991 - with Doctor Johnson at Kaiser, ref SDS 85 QQ6N, initially notifying the
040992 - team that cancer has gotten worse due to improper treatment for a
040993 - year. ref SDS 85 1P6U; Millie reports new medical problem of swelling
040994 - her lower legs. ref SDS 85 1Q3S, and that appetite and energy continue
040995 - to decline caused by improper treatment with chemotherapy the past
040996 - year, ref SDS 85 1Q3V; so, "everybody is now on board" that
040997 - chemotherapy has failed to relieve Millie's cancer, causes agonizing
040998 - pain and suffering, causes fatal infection, and anemia, ref SDS 85
040999 - 1Q5T; Millie requests again implementing UCSF work plan presented on
041000 - 090616, using treatment targeted to Millie's cancer beginning with
041001 - PARP or equal, and for the purpose of recovering from UCSF medical
041002 - mistakes, ref SDS 85 1Q3Y, and as planned in Doctor Rugo's letter on
041003 - 100501, and as further requested in Millie's claim filed on 100527,
041004 - with copy to Doctor Johnson. ref SDS 85 1Q5W  Critical step is starting
041005 - treatment with PARP immediately. ref SDS 85 1Q6U
041007 -  ..
041008 - 100601 0830 Doctor Johnson reported that Kaiser has not had time to
041009 - collaborate with UCSF using email or the telephone on treatment for
041010 - Millie to recover from UCSF medical mistakes. ref SDS 86 4F6I  He
041011 - discussed treating Millie with MPA, but this was not prescribed
041012 - because Millie was treated with MPA in 2009, and UCSF ended the
041013 - treatment due to fears about blood clot side effects, which were
041014 - believed to cause breathing problems Millie had, though later
041015 - breathing problems were discovered to be caused by defective radiation
041016 - treatment. ref SDS 86 WG7J  Since Doctor Johnson said Kaiser has no
041017 - more treatments for Millie, the only way Millie can get relief from
041018 - pain caused by cancer that is progressing without treatment is get
041019 - treatment in Hospice.  Since Hospice is the only choice of care
041020 - offered today, Millie accepted this. ref SDS 86 4H3K
041022 -  ..
041023 - On 100601 1531 Sharon called to schedule starting Hospice medical
041024 - services beginning tomorrow between 0900 - 1000. ref SDS 87 036C
041026 -  ..
041027 - On 100602 0913 Liz provides orientation on Hospice care; she confirms
041028 - Sharon's report yesterday, that if Kaiser performs on the insurance
041029 - agreement to provide standard of care for Millie's patient profile,
041030 - than Millie can elect to recover from 11th relapse of cancer, rather
041031 - than continue with Hospice support for dying peacefully. ref SDS 88
041032 - 036C
041034 -  ..
041035 - On 100602 1046 Diane received notice from Medicare to file claim for
041036 - Millie to get treatment for recovering from UCSF medical mistakes; she
041037 - is preparing a statement of claim. ref SDS 89 036C  Advised Diane to
041038 - use Millie's statement of claim submitted to Kaiser on 100527.
041039 - ref SDS 89 MZ5H  Eileen called later and reported that Kaiser denied
041040 - Millie's claim on the grounds that Medicare does not authorize payment
041041 - for treatment to recover from cancer, after a patient starts Hospice.
041042 - ref SDS 89 UN4M  Requested that Eileen read he claim and then make a
041043 - good faith determiantion. ref SDS 89 I33H  Eileen called back after
041044 - reading the claim and advised the denial of claim has been withdrawn,
041045 - and the matter is referred to Claims Resolution Department.
041046 - ref SDS 89 UN5P
041048 -  ..
041049 - On 100603 0449 Millie notified medical team that Kaiser called today
041050 - about moving forward to resolve medical mistakes getting radiation
041051 - treatment at UCSF on referral from Kaiser. ref SDS 90 IX9Q
041053 -  ..
041054 - On 100606 1604 Doctor Johnson notifies Millie that her cancer marker
041055 - has remained fairly stable the past 3 weeks since ending treatment
041056 - with Abraxane on 100512; actually went up less without Abraxane, than
041057 - with it, because Millie's cancer resists chemotherapy. ref SDS 91 036C
041059 -  ..
041060 - On 100606 1638 Millie thanks Doctor Johnson for submitting good news
041061 - cancer marker CA 15-3 606 much smaller rise than exptected after
041062 - ending treatment for 3 weeks. ref SDS 92 036C; asks if Doctor Rugo
041063 - ever returned Doctor Johnson's call from Kaiser, as planned in Doctor
041064 - Rugo's letter on 100501?
041066 -  ..
041067 - On 100606 2317 Millie receives letter from Doctor Johnson reporting
041068 - that Doctor Rugo has never returned his call asking UCSF for Millie's
041069 - treatment plan, which demonstrates failure to perform on Doctor Rugo's
041070 - commitment in UCSF letter sent to the medical team on 100501.
041071 - ref SDS 93 036C
041073 -  ..
041074 - On 100607 0932 called Cherry at Medicare about progress on contacting
041075 - Kaiser to process Millie's claim filed on 100527, and planned in the
041076 - call with Medicare (Cherry and Beth) as action item #8, planned the
041077 - next day on 100528 1031, ref SDS 84 PE6P; today, Cherry did not have
041078 - time to return the call. ref SDS 94 036C
041080 -  ..
041081 - On 100607 1021 called Paula at Kaiser - she said someone else is
041082 - handling Millie's claim, because the claim has not been denied, and
041083 - Paula only handles denied claims. ref SDS 95 036C; Paula further
041084 - reported that Kaiser no longer objects to demaning UCSF correct
041085 - medical mistakes, so Millie's claim should be easy to resolve.
041086 - ref SDS 95 QN9F
041088 -  ..
041089 - On 100607 1117 letter to Paula confirming Kaiser's work plan to
041090 - process Millie's claim for care promptly in order to save her life.
041091 - ref SDS 96 036C
041093 -  ..
041094 - On 100608 1521 called and talked to Cherry and Beth about expediting
041095 - Millie's claim at Kaiser. ref SDS 97 036C  Developed work plan to have
041096 - a conference call with Kaiser tomorrow. ref SDS 97 C354  Submitted
041097 - letter to Kasier and CMS Medicare confirming work plan for tomorrow.
041098 - ref SDS 97 G84Q
041100 -  ..
041101 - On 100609 1114 called CMS to expedite conference call on expediting
041102 - Millie's care. ref SDS 98 036C  Cherry called and schedule telecon with
041103 - Kaiesr and CMS today 1300. ref SDS 98 8O4H  Received letter from Cherry
041104 - at CMS confirming work plan for conference call at 1300. ref SDS 98
041105 - PRXY
041107 -  ..
041108 - On 100609 1232 letter to CMS and Kaiser submitts agenda for conference
041109 - call to review progress on Kaiser resolving Millie's claim for
041110 - recovery from UCSF medical mistakes. ref SDS 99 036C
041112 -  ..
041113 - On 100609 1300 CMS and Kaiser conference call to report progress on
041114 - reviewing Millie's claim for treatment to recover from UCSF medical
041115 - mistakes in time to be effective. ref SDS A0 036C
041117 -  ..
041118 - On 100609 1522 Jennifer called for assistance processing Millie's
041119 - claim to recover from medical mistakes getting radiation treatment at
041120 - UCSF on referral from Kaiser. ref SDS A1 036C
041122 -  ..
041123 - On 100611 1451 Jennifer advised Kaiser extended the date for
041124 - responding to Millie's claim from 100610 to 100624, based on Millie
041125 - filing updated statement of authorized representative. ref SDS A5 036C
041126 - Jennifer reported she reviewed 6-issues discussed on 100609, and will
041127 - address these issues responding to Millie's claim. ref SDS A5 FQ4G
041128 - Jennifer asked how Kaiser can treat Millie to recover from UCSF
041129 - medical mistakes, if Millie refuses chemotherapy and has entered
041130 - Hospice. ref SDS A5 FQ4M
041132 -  ..
041133 - On 100611 2326 Millie received Jennifer's letter confirming the date
041134 - for Kaiser to respond to Millie's claim has been extended to 100624,
041135 - ref SDS A6 CV4O, and further advising that issues Kaiser will determine
041136 - responding to Millie's claim for recovering from UCSF medical
041137 - mistakes, ref SDS A6 036C, are as set out in the record for telecon on
041138 - 100609. ref SDS A1 XK50  Jennifer will call on 100615, to report
041139 - progress on respnding to Millie's claim. ref SDS A6 6P53
041141 -  ..
041142 - On 100614 0257 letter to Kaiser Medicar CMS claim team requests
041143 - immediate written proposal evaluating treatment options for Millie to
041144 - consider. ref SDS A7 036C
041146 -  ..
041147 - On 100616 0832 called Jennifer about her plan to call yesterday on
041148 - Tuesday to report progress Kaiser responding to Millie's claim, as set
041149 - out in Jennifer's letter on 100611. ref SDS A8 036C   Jennifer called
041150 - back to ask if Millie wants UCSF or Kaiser to pay for her damages
041151 - caused by UCSF medical mistakes. ref SDS A8 PSSV  Jennifer reported
041152 - delays communicating with Millie's medical team have delayed making
041153 - arrangements for Millie to start treatment recovering from UCSF
041154 - medical mistakes. ref SDS A8 OY4T  She plans to call on Friday, 100618,
041155 - to report progress responding to Millie's claim. ref SDS A8 1K5J
041157 -  ..
041158 - On 100618 0843 called Jennifer at Memeber Case Resolution Department
041159 - about progress responding to Millie's claim. ref SDS A9 036C
041161 -  ..
041162 - On 100620 1112 letter to Kaiser claim team with copy to Medicare, and
041163 - the medical team requests call on Monday 100621, planned for previous
041164 - Friday, 100628, to report progress getting Millie treatment.
041165 - ref SDS B0 036C  Recommends that delay communicating with medical team
041166 - that has delayed Millie starting treatment in time to be effective,
041167 - ref SDS B0 L59P, can be solved by hiring MD Anderson. ref SDS B0 L59X
041169 -  ..
041170 - On 100621 0853 called for Jennifer and left several messages,
041171 - including for her team lead. ref SDS B2 036C  Nobody had time today
041172 - for calling back. ref SDS B2 OP3N
041174 -  ..
041175 - On 100622 1027 Jennifer called and advised that Doctor Johnson
041176 - responded to request for comment on Millie's claim saying he cannot
041177 - provide care for Millie because she entered Hospice on 100601,
041178 - ref SDS B4 036C; recommended Jennifer check Kaiser's medical chart for
041179 - Millie meeting with Doctor Johnson to see Millie was given no choices
041180 - except to enter Hospice in order to avoid further pain and suffering.
041181 - ref SDS B4 NX68
041183 -  ..
041184 - On 100622 1511 letter to claim team and Medicare, and to Millie's
041185 - medical team confirming understanding in Jennifer's call that Millie's
041186 - medical team at Kaiser seems to refuse Millie standard of care to
041187 - recover from UCSF medical mistakes, because she was forced to enter
041188 - Hospice to get relief from pain caused by UCSF medical mistakes.
041189 - ref SDS B5 036C  UCSF delays compounded Millie's injuries, pain, and
041190 - suffering; caution must be exercised to enable recovery, based on
041191 - Millie's right to life. ref SDS B5 575U   Millie's patient history
041192 - shows the doctor's only issue, ref SDS B5 576V, is having time to
041193 - providing standard of care for Millie to recover from medical
041194 - mistakes, and if not, then Kaiser should assign someone who does.
041195 - ref SDS B5 583Y  Kaiser has violated Millie's human rights; a woman's
041196 - right to choose life for herself, should be no less than the right to
041197 - choose for her unborn child, since the right to life and due process
041198 - are protected by the US Constitution. ref SDS B5 584W  Kaiser can
041199 - easily solve the time problem by hiring other people to do the work,
041200 - and charging UCSF. ref SDS B5 585P
041202 -  ..
041203 - 100624 1616 Jennifer called and asked to extend Kaiser's response to
041204 - Millie's claim another day or so, for review with her boss, and with
041205 - the customer. ref SDS B6 036C  Jennifer the original date for Kaiser to
041206 - respond on 100610, required by statute, and then amended to today on
041207 - 100624, can be further amended, and cited unclear authority about 30
041208 - days instead of 14. ref SDS B6 EG5P  Agreed that extending Kaiser's
041209 - response another few days until tomorrow, or Monday, is an acceptable
041210 - risk, even though Millie's cancer markier has increased significantly
041211 - to over 1000, and so that an equitable solution can be implented that
041212 - allows treatment in time to be effective for Millie. ref SDS B6 EG73
041213 - Jennifer will submit her draft response, and call tomorrow for
041214 - discussing Kaiser's solution. ref SDS B6 H98M
041216 -  ..
041217 - On 100625 0852 letter to Kaiser and Medicare claim teams confirming
041218 - Kaiser's request to extend date for responding to Millie's claim
041219 - another few days until Monday in order to get comprehensive solution.
041220 - ref SDS B7 036C
041222 -  ..
041223 - On 100626 0917 received letter from Cherry at Medicare, ref SDS B8
041224 - 036C, submitting CMS regulations, that control due date for Kaiser to
041225 - respond to Millie's claim. ref SDS B8 N64I
041227 -  ..
041228 - On 100628 0228 letter to claim teams at Medicare and Kaiser asking how
041229 - CMS regulations received on 100625, apply to extend Kaiser's response
041230 - date for expediting Millie's recovery. ref SDS B9 036C
041232 -  ..
041233 - On 100628 1033 called CMS Medicare for Beth Simone on regulations for
041234 - Kaiser to respond to Millie's claim.
041236 -  ..
041237 - On 100628 2318 submitted record of telecon with CMS, ref SDS C1 036C,
041238 - and that CMS learned today that Kaiser changed Millie's claim to a
041239 - Grievance, and notified CMS that Kaiser intends to delay response
041240 - until 100710, to Millie's claim filed on 100527.
041242 -  ..
041243 - On 100629 00003 received letter from Cherry transmitting Grievance
041244 - procedures, cited in the telecon yesterday as a change Kaiser made to
041245 - delay responding until 100710, to Millie's claim filed on 100527.
041246 - ref SDS C2 036C  Review of Grievance regulations show Kaiser required
041247 - to make timely response based on patient health. ref SDS C2 PN5S
041249 -  ..
041250 - On 100629 0013 letter thanks CMS for submitting regulations on
041251 - Grievance procedures, and notes requirements for Kaiser to respond
041252 - prior to maximum allowed of 30 days, based on patient health.
041253 - ref SDS C3 036C
041255 -  ..
041256 - On 100629 1631 called Medicare (CMS) on results of their
041257 - teleconference with Kaiser on expediting response to Millie's claim.
041258 - ref SDS C4 036C
041260 -  ..
041261 - On 100630 0027 Millie thanks Doctor Johnson for reporting on 100606,
041262 - that UCSF did not call Kaiser to provide care for Millie to recover
041263 - from UCSF medical mistakes. ref SDS C5 036C; she reports blood counts
041264 - are good, but cancer progressing because treatment was stopped on
041265 - 100601, for pain relief from chemotherapy. ref SDS C5 V83U  Kaiser has
041266 - deferred responding to Millie's claim, ref SDS C5 V87S, and needs to
041267 - know how soon her health status requires Kaiser to make a response.
041268 - ref SDS C5 V88T  Millie asks about deferring the meeting with Doctor
041269 - Johnson tomorrow, until Kaiser responds to Millie's claim, or, Millie
041270 - would love to meet, if Doctor Johnson has communicated with Doctor
041271 - Rugo on a work plan for Millie to recover from UCSF medical mistakes.
041272 - ref SDS C5 V89X
041274 -  ..
041275 - On 100630 1148 Doctor Johnson notfies Millie, and the Kaiser claim
041276 - team that he is confused about Millie's case, because Kaiser has
041277 - deferred determination on urgent requirement for care. ref SDS C6 036C
041278 - Doctor Johnson notes Millie is in Hospice and states that Millie's
041279 - disease is resistant to all forms of therapy, and that entering
041280 - Hospice is based on patient desire to forego therapy. ref SDS C6 PY4J
041281 - He asks if Millie wants to dis-enroll from Hospice. ref SDS C6 OY5G
041282 - Doctor Johnson further notes that public domain email conflicts with
041283 - HIPAA regulations. ref SDS C6 0W5U
041285 -  ..
041286 - On 100630 1537 Millie notified medical team and claim team, thanking
041287 - Doctor Johnson for his letter commenting on Millie feeling better
041288 - after ending chemotherap.  Confirms Doctor Johnson's intent to defer
041289 - meeting scheduled for tomorrow until after Kaiser responds to Millie's
041290 - claim, and further confirms Doctor Johnson has still not communicated
041291 - with Doctor Rugo on UCSF providing care for Millie to recover from
041292 - UCSF medical mistakes. ref SDS C7 M86X  Advises that Doctor Johnson's
041293 - assertion that Millie's cancer now resists all forms of therapy
041294 - conflicts with the record; Doctor Johnson advised that finding
041295 - effective treatment requires experimentation; Millie's first treatment
041296 - failed, and had to be switched. ref SDS C7 M87Q  When UCSF discovered
041297 - medical mistakes, UCSF failed to provide necessary and reasonable care
041298 - for Millie to recover, and instead prescribed chemotherapy, which was
041299 - not effective and caused unbearable pain and suffering, causing Millie
041300 - to enter Hospice. ref SDS C7 M84P  The only evident purpose for
041301 - Millie's death is to avoid accountability from medical mistakes and
041302 - avoid cost of recovery, by making Millie suffer, and making Medicare
041303 - pay, while Millie is actually innocent, and Medicare is innocent.
041304 - ref SDS C7 M84S  Millie sent 44 letters to medical team requesting
041305 - targeted treatment to recover from UCSF medical mistakes, and
041306 - reporting pain and suffering from chemotherapy; so, on 100601, Millie
041307 - entered Hospice for pain relief for chemotherapy. ref SDS C7 M84Y
041308 - Millie cannot dis-enroll from Hospice providing pain medication until
041309 - Kaiser provides standard of care to recover from UCSF medical
041310 - mistakes. ref SDS C7 M93V  Millie explains benefits to saving lives,
041311 - time, and money using public domain email. ref SDS C7 M94W  Millie
041312 - notes Doctor Johnson's report today shows Kaiser has violated Medicare
041313 - regulations by delaying response to her claim longer than justified by
041314 - Millie's health status. ref SDS C7 M96P
041316 -  ..
041317 - On 100701 0915 Carol called this morning saying she is the Chief of
041318 - Hospice and advised that she was told that Millie wants to dis-enroll
041319 - from Hospice.  Millie sent a letter to the medical team, and claim
041320 - teams confirming understandings from the call with Carol. ref SDS C8
041321 - 036C  Millie advised Carol that Millie entered Hospice for pain relief
041322 - for chemotherapy, and so she cannot dis-enroll from Hospice providing
041323 - pain medication until Kaiser provides standard of care to recover from
041324 - UCSF medical mistakes. ref SDS C8 Q85S  Millie explains she wants a
041325 - written medical opinion on treatments lined up for her to recover from
041326 - UCSF medical mistakes that provides a "roadmap to a future worth
041327 - living." ref SDS C8 Q85Y
041329 -  ..
041330 - On 100701 1140, meeting this morning scheduled during a prior meeting
041331 - at Kaiser on 100601, ref SDS 86 7E4S, was canceled because Doctor
041332 - Johnson's letter yesterday, said nothing about receiving instructions
041333 - from Kaiser's claims department on solving Millie's claim for care to
041334 - recover from UCSF medical mistakes, ref SDS C6 036C   Since Doctor
041335 - Johnson was not authorized to provide care requested in Millie's claim
041336 - on 100527, ref SDS 82 IZ7N, meeting would jeperodize Millie's rights
041337 - in the case by adding or otherwise modifying her statement of claim.
041338 - ref SDS C9 036C
041340 -  ..
041341 - On 100701 1213 Lois called and talked to Rod for explanation of
041342 - Millie's claim, and planned to talk with Doctor Johnson about a
041343 - resolution. ref SDS D0 036C
041345 -  ..
041346 - On 100702 1424 Millie received letter from Doctor Johnson submitting
041347 - Kaiser's lab report on results of Millie's blood test on 100622, and
041348 - without comment except the doctor circled with ink CA 15-3 1116.
041349 - ref SDS D1 036C
041351 -  ..
041352 - On 100702 1612 Lois called and reported discussing Millie's claim with
041353 - Doctor Johnson, who evidently indicated he cannot find on the Internet
041354 - a provider willing to treat Millie with PARP. ref SDS D2 036C  Lois
041355 - asked to talk with Millie in order to verify what Millie wants in her
041356 - claim filed on 100527.  Lois was referred to Millie's claim, and to
041357 - the letter to Kaiser on 100701, confirming Millie's telecon with
041358 - Carol, with the Kaiser Hospice program. ref SDS C8 036C
041360 -  ..
041361 - On 100705 2050 planning letter to Kaiser and Medicare claim teams
041362 - asking for remedies for damanges caused by Kaiser delaying response to
041363 - Millie's request for urgent care. ref SDS D3 036C
041365 -  ..
041366 - On 100708 0038 letter to Kaiser with copy to Medicare asking for
041367 - Millie's remedies for Kaiser delaying response to Millie's claim
041368 - requesting immedicate treatment to recover from UCSF medical mistakes.
041369 - ref SDS D5 036C
041371 -  ..
041372 - On 100710 1343 Millie received a letter from Kaiser responding to her
041373 - claim. ref SDS D6 036C  Kaiser says the office Millie was directed to
041374 - submit her claim to be held harmless from medical mistakes was
041375 - incorrect. ref SDS D6 X48S  Kaiser advises that Doctor Johnson reports
041376 - Millie's patient hsitory makes getting treatment with PARP prescribed
041377 - by Doctor Rugo to recover from UCSF medical mistakes due to
041378 - "eligibility" issues. ref SDS D6 X45V  The doctor feels Millie's cancer
041379 - is difficult to treat, and maintains nothing can help her recover from
041380 - UCSF medical mistakes without having tried a single treatment listed
041381 - in Millie's claim; Kaiser does not deny any request in Millie's claim,
041382 - but proposes she discuss her care directly with Doctor Johnson who
041383 - claims to have lost hope. ref SDS D6 X530  Kaiser apoligizes for taking
041384 - 44 days to respond to Millie's claim, because unnamed regulations give
041385 - Kaiser 30 days to respond. ref SDS D6 X547   Kaiser advises Millie can
041386 - dispute the determination through arbitration, but Kaiser does not
041387 - present a disputable issue. ref SDS D6 768G  Kaiser advises that Millie
041388 - can appeal to Medicare. ref SDS D6 X54Q
041390 -  ..
041391 - On 100713 0007 Millie requests reconsideration Kaiser's determination
041392 - on Millie's claim, ref SDS D7 036C, and appeals to Medicare for
041393 - compliance with CMS regulations. ref SDS D7 J74S
041395 -  ..
041396 - On 100714 0742 Millie received copy of an internal letter Paula sent
041397 - notifying the Kaiser claim team that Millie's letter on 100713,
041398 - requests reconsideration and appeals to Medicare Kaiser's letter dated
041399 - 100708, and received on 100710, denying Millie's claim to recover from
041400 - medical mistakes filed on 100527. ref SDS D8 036C
041402 -  ..
041403 - On 100715 1802 received securemail from Jennifer with response from
041404 - Kaiesr claim team, ref SDS D9 036C, to the letter on 100713, requesting
041405 - reconsideration and appealing, ref SDS D7 036C, Kaiser's letter dated
041406 - 100708, and received on 100710, ref SDS D6 036C, denying Millie's
041407 - claim filed on 100527. ref SDS 82 IZ7N
041409 -  ..
041410 - On 100716 0830 called Beth at CMS (Medicare), ref SDS E0 036C, to
041411 - verify request on 100713 appealing to Medicare, ref SDS D7 J74S,
041412 - Kaiser's claim team letter dated 100708, received on 100710,
041413 - ref SDS D6 036C, denying Millie's appeal for standard of care to
041414 - recover from UCSF medical mistakes beginning with PARP. ref SDS 82
041415 - IZ7N; sent letter to Jullin at CMS asking if anything more needs to be
041416 - filed for Medicare to process Millie's request for appealing Kaiser's
041417 - denial of Millie's claim. ref SDS E0 07FC  While hiking at Lafayette
041418 - Reservoir, received call from Paula at Kaiser claim team.  Reception
041419 - was poor due to wind, so decided to call again at the house in a few
041420 - hours. ref SDS E0 D69K  Received letter from Jullin saying Millie's
041421 - appeal is submitted to Medicare on Kaiser's denial of care.
041422 - ref SDS E0 07FC  Paula called from Kaiser claim team, and this became a
041423 - conference call with CMS (Medicare) on advancing Millie's claim for
041424 - recovery from UCSF medical mistakes. ref SDS E0 PW3U
041426 -  ..
041427 - On 100719 0522 Millie sent a letter to Doctor Johnson explaining
041428 - background on claim team, ref SDS E1 036C, suggestions for another
041429 - meeting. ref SDS E1 JH5V  Millie notified the doctor that she wants a
041430 - written work plan from Kaiser on providing PARP, as requested
041431 - previously 44 times the past year, for Millie to recover from UCSF
041432 - medical mistakes. ref SDS E1 JH5Y  She submits a draft to illustrate
041433 - elements of the work plan. ref SDS E1 JH8P  Millie will meet with the
041434 - doctor to implment the work plan. ref SDS E1 JH4T
041436 -  ..
041437 - On 100719 1312 Kaiser proposes only another meeting to "discuss next
041438 - steps," and not to implement UCSF or any alternate work plan for
041439 - Millie to recover from UCSF medical mistakes, and ignores Kaiser's
041440 - fiduciary duty to hold Millie harmless from UCSF medical mistakes
041441 - providing care on referral from Kaiser. ref SDS E2 036C
041443 -  ..
041444 - On 100719 1413 Paula called about processing Millie's case for appeal
041445 - to Medicare from Kaiser's denial of Millie's claim requesting recovery
041446 - from UCSF medical mistakes providing care for Millie on referral from
041447 - Kaiser. ref SDS E3 036C
041449 -  ..
041450 - On 100719 1618 Regina called to process Millie's Expedited Claim
041451 - ordered by Paula in Case Resolution. ref SDS E4 036C
041453 -  ..
041454 - On 100719 1312 at 2013 Millie read Kaiser's reponse on 100708, to her
041455 - claim filed on 100708, and burst into tears, saying erroneous account
041456 - of entering Hospice on 100601 breaks her heart, ref SDS E2 RM9G;
041457 - Millie feels now that her request for treatment cannot be approved in
041458 - time for her to recover, ref SDS E2 RM62, and the only way to correct
041459 - Kaiser's conduct is to file a claim monetary damages for wrongful
041460 - death. ref SDS E2 RN3L
041462 -  ..
041463 - On 100720 1059 Sheilla called about processing Millie's "2nd claim"
041464 - that Paula filed yeserday, ref SDS E5 036C; she was referred to Paula
041465 - for an explanation of Paula's intent. ref SDS E5 E66H  Sheilla called
041466 - back in the afternoon and advised that the "2nd claim" which had been
041467 - filed by Paula for Millie was denied for expedited processing and sent
041468 - to the Case Resolution Department for standard processing. ref SDS E5
041469 - O59M
041471 -  ..
041472 - On 100721 1115 called and left message for Beth to call back and
041473 - report Medicare progess processing Millie's appeal filed on 100713,
041474 - and following up the letter to Medicare yesterday, on 100720, also
041475 - asking Medicare to confirm processing Millie's appeal. ref SDS E6 036C
041477 -  ..
041478 - On 100722 1328 Paula called about getting care for Millie in time to
041479 - be effective. ref SDS E7 036C  Reviewed the record meeting with Doctor
041480 - Johnson at Kaiser on 100601, ref SDS E7 J14F, showing Millie requested
041481 - care with PARP or equal, to recover from UCSF medical mistakes as
041482 - requested in Millie's claim filed on 100527, and in Millie's letter on
041483 - 100601. ref SDS E7 UG3J  Doctor Johnson reported he could not provide
041484 - necessary and reasonable care to recover from UCSF medical mistakes,
041485 - because he could not communicate for a month with UCSF using the
041486 - telephone and email. ref SDS E7 CK6M  The doctor told Millie he could
041487 - only provide medication to relieve pain from chemotherapy and cancer
041488 - by Millie entering Hospice. ref SDS E7 UG8H  This record shows another
041489 - meeting meerly "discuss next steps" is fruitless unless there is
041490 - commitment for Kaiser to provide necessary and reasonable care to
041491 - satisify Millie's entitlement to recover from UCSF medical mistakes.
041492 - ref SDS E7 UG4O  Paula's next step is to call Doctor Johnson about how
041493 - Kaiesr can perform its agreement to provide standard of care for
041494 - Millie to recover from UCSF medical mistakes. ref SDS E7 645L
041496 -  ..
041497 - On 100722 1516 Beth called back and advised that she and Cherry are no
041498 - longer processing Millie's appeal; she indicated that Patty has given
041499 - instructions that she will respond to Millie's appeal, and that Patty
041500 - is out of the office this week. ref SDS E8 036C
041502 -  ..
041503 - On 100723 1323 Julie called and advised that Medicare relies on the
041504 - written record rather than verbal communications to resolve medical
041505 - disputes. ref SDS E9 036C; Julie related that Patty feels Kaiser
041506 - enrolling Millie in Hospice for pain relief relieves everybody of
041507 - responsibility for medical mistakes; the record shows Millie has at
041508 - all times relied on assurance that Kaiser and UCSF hold Millie
041509 - harmless from medical mistakes. ref SDS E9 SA3M  Julie indicated
041510 - Medicare refuses to apply notification regulations that protect
041511 - patient health, because everybody believed Rod filed Millie's clain on
041512 - 100527, and Kaiser was justified to reclassify the claim to a
041513 - "grievance" because Millie filed statment of authorized representative
041514 - on 100610, which further allowed Kaiser to respond on 100710; however,
041515 - this was an error, because Millie filed the claim on 100527, and this
041516 - was independent from filing statement of authorized representative, so
041517 - Kaiser violated statutory requirements to notify Millie if
041518 - determnation on 100610, of Millie's claim filed on 100527. ref SDS E9
041519 - Q44I  Julie is reviewing the documents again. ref SDS E9 K55N
041521 -  ..
041522 - On 100723 1413 received letter from Sheila at Kaiser Expedited Claims
041523 - Department reporting that Kaiser misrepresented Millie's 2nd claim,
041524 - ref SDS E0 036C, and denied expedited processing the 2nd claim for
041525 - Millie, which was filed by Paula, and so the 2nd claim was sent the
041526 - Kasiser Case Resolution Department for standard processing, and on
041527 - grounds that Millie's case requiring immediate life-saving treatment
041528 - is not "time sensitive." ref SDS E0 V65N,
041530 -  ..
041531 - On 100723 1810 someone called claiming to represent Kaiser's Claims
041532 - Resolution Department and insisted on talking to Millie.  The caller
041533 - refused to give a name nor the purpose of the call, and cited HIPAA
041534 - regulations as justification for unnanounced call to a dying patient.
041535 - ref SDS F1 036C
041537 -  ..
041538 - On 100726 1051 letter to Paula notifies Kaiser that Millie needs
041539 - immediate treatment to survive, ref SDS F2 GF4F, and submits the record
041540 - reviewing Millie's last meeting with the doctor on 100601, showing
041541 - Kaiser entered Millie in Hospice to provide necessary and reasonable
041542 - care to recover from UCSF medical mistakes. ref SDS F2 036C
041544 -  ..
041545 - On 100727 0811 this morning, Millie wants to file a claim to recovery
041546 - monetary damages from Kaiser for delaying her treatment causing
041547 - wrongful death, and pain and suffering, ref SDS 0 036C, because
041548 - forcing Kaiser to pay damages will give visibility to problems in her
041549 - case management that can be corrected to improve health care for
041550 - everyone, and this will make her struggle to be a good partner the
041551 - past 10 years worthwhile legacy. ref SDS 0 JX7G  Millie's personal
041552 - attorney provided referral for guidance on filing medical malpractice
041553 - claim against Kaiser and UCSF. ref SDS 0 PXTS  Millie sent a letter
041554 - requesting guidance on filing a claim for damages from wrongful death,
041555 - and pain and suffering. ref SDS 0 4X6G
041556 -
041557 -
041558 -
041559 -
041561 -  ..
0416 -
0417 -
0418 - Progress
0419 -
041901 - This morning Millie said that since she cannot get better, as
041902 - discussed last week on 100719, ref SDS E2 RN3L, she wants to file
041903 - another claim against Kaiser and UCSF to recover damages for wrongful
041904 - death, and pain and suffering, as a result of Kaiser's letter dated
041905 - 100708, and received on 100710 1343, ref SDS D6 X530, denying Millie's
041906 - request for treatment prescribed by UCSF for Millie to recover from
041907 - UCSF medical mistakes, and to hold Millie harmless from medical
041908 - mistakes, as presented in Millie's claim filed on 100527 0217.
041909 - ref SDS 82 IZ7N
041910 -
041911 -            [...below, Millie's letter to an attorney asks for guidance
041912 -            on amount to claim for damages due to wrongful death, and
041913 -            pain and suffering. ref SDS 0 X14V
041915 -  ..
041916 - Millie feels her struggle to be a good partner with Kaiser, and her
041917 - expanded medical team at UCSF can help providers and patients improve
041918 - health care and reduce costs for everyone.  She has talked the past
041919 - few years about one day her patient history being published in a book.
041920 - Today, Millie feels that forcing Kaiser to pay monetary damages would
041921 - be a worthwhile legacy that justifies all her struggles the past 10
041922 - years.  Giving systemic problems visibility spawns correction and
041923 - improved care.  Millie was crying, saying she hates the thought that
041924 - others will suffer as she has.
041925 -
041926 -            [On 100730 0928 Millie died suddenly on 100729; Paula
041927 -            called the next day and seemed to indicate a claim by the
041928 -            family for wrongful death might be appropriate for good
041929 -            faith review of Millie's care that would yield improvements
041930 -            for other patients. ref SDS F4 N550
041939 -  ..
041940 - About 1000, Millie's personal attorney, Tina, called to verify that
041941 - Millie wants Tina to meet with Millie's daughter, Pam, about terms of
041942 - the will.  Millie confirmed this, and Tina, said she has scheduled to
041943 - meet Pam on Thursday afternoon.
041945 -  ..
041946 - Tina was also asked for a referral to counsel for assisting Millie
041947 - file a claim to recover damages for wrongful death, and pain and
041948 - suffering.
041949 -
041950 -
041952 -  ..
0420 -
0421 -
0422 - 1538
0423 -
042301 - Millie received a letter from Tina saying...
042302 -
042303 -    1.  Subject: Medical malpractice/claims against hospitals referral
042304 -        Date: Tue, 27 Jul 2010 12:06:06 -0700
042308 -         ..
042309 -    2.  Good afternoon,
042311 -         ..
042312 -    3.  My partner, Dick Greene, suggested the below person as one who
042313 -        might be able to help you concerning the UCSF/Kaiser treatment
042314 -        and claims issues.  When you contact him, you might want to let
042315 -        him know that I am Millie's attorney and that my partner, Dick
042316 -        Greene, gave me this referral for you.  I hope he can be of
042317 -        help.
042318 -
042319 -            [...below Millie's letter to attorney for advice on
042320 -            filing claim to recover damages from Kaiser and UCSF.
042321 -            ref SDS 0 X15P
042323 -         ..
042324 -    4.  Regards, Tina
042325 -
042326 -
042345 -
042346 -
042348 -  ..
0424 -
0425 -
0426 - 2147
0427 -
042701 - Millie sent a letter with copy to Tina, as follows...
042702 -
042703 -    1.  Subject: Medical malpractice/claims against Kaiser/UCSF referral
042704 -        Date: Tue, 27 Jul 2010 23:58:30 -0700
042712 -         ..
042713 -    2.  My estate planning attorney, Christina (Tina) Gallagher, gave
042714 -        me your name [...see letter above, ref SDS 0 PXTS...] to
042715 -        consult on filing a claim to recover monetary damages because
042716 -        Kaiser failed to provide care prescribed by UCSF for me to
042717 -        recover from UCSF medical mistakes giving radiation treatment
042718 -        for cancer on referral from Kaiser, and during the period
042719 -        Feb-Mar 2009.
042720 -
042721 -            [On 100728 0821 called and left message for Paul to call
042722 -            back. ref SDS F3 Z282
042724 -         ..
042725 -    3.  At the moment I need legal guidance on filing a second claim to
042726 -        recover monetary damages caused by Kaiser's failure to provide
042727 -        necessary and reasonable care for the past year that has placed
042728 -        my life in jeopardy.  I'm not sure I will live another week.  I
042729 -        need to know how to quantify money damages for wrongful death,
042730 -        and pain and suffering, so a claim can be filed for recovery
042731 -        following my death.
042733 -         ..
042734 -    4.  If this is your kind of case, and you have time to assist,
042735 -        please read a little further, otherwise if you can provide a
042736 -        referral I would be very grateful.
042738 -         ..
042739 -    5.  UCSF discovered they made mistakes on 090609. ref SDS 35 W65W
042741 -         ..
042742 -    6.  A week later, on 090612, UCSF began treatment for me to
042743 -        recover, and assumed responsibility for costs, thus holding me
042744 -        harmless from their mistakes. ref SDS 38 KD6L
042746 -         ..
042747 -    7.  However, through a long series of vague, perhaps fraudulent,
042748 -        communications, UCSF got Kaiser to resume my oncology care paid
042749 -        by Medicare and with a representation that treatment I needed
042750 -        to recover from medical mistakes would not be ready at UCSF
042751 -        until September, 2009 [...reported on 090716 2106. ref SDS 41
042752 -        EE5W...]  UCSF then delayed performance with excuses.  On
042753 -        100503, I notified Kaiser and UCSF that failure to perform
042754 -        would place UCSF in default of its agreement on 090616, to
042755 -        provide care for me to recover from UCSF medical mistakes.
042756 -        ref SDS 76 6X8W
042758 -         ..
042759 -    8.  On 100527, I filed a claim requesting medical services to
042760 -        recover from medical mistakes (if time permits see "statement
042761 -        of claim). ref SDS 82 IZ7N
042763 -         ..
042764 -    9.  The claim was amended to recover costs I incurred getting care
042765 -        from Kaiser for oncology services, including emergency care,
042766 -        caused by UCSF medical mistakes.  This was only a nominal
042767 -        amount, that has not been quantified, but is estimated at less
042768 -        than $5K.
042770 -         ..
042771 -   10.  Kaiser failed to follow Medicare rules to make a determination
042772 -        in 14 days, and instead filed a response on 100708, received on
042773 -        100710. ref SDS D6 036C
042775 -         ..
042776 -   11.  On 100713, my assistant, Rod, filed on my behalf a request for
042777 -        reconsideration and appeal to Medicare to conform Kaiser's
042778 -        determination to facts and applicable regulations, which
042779 -        require holding me harmless from UCSF medical mistakes, by
042780 -        providing treatment with PARP, prescribed by UCSF. ref SDS D7
042781 -        036C
042783 -         ..
042784 -   12.  Unfortunately, since I have now been without treatment for 3
042785 -        months, and without effective care for a year, it now appears
042786 -        that even if Kaiser provides requested treatment, my cancer
042787 -        cannot recover.  I don't think this was the case on 090716, nor
042788 -        for anytime in between until 100601, while I submitted 44
042789 -        requests for care, shown in case study on 100622. ref SDS B5
042790 -        576S
042792 -         ..
042793 -   13.  On 100601, my doctor had received my claim requesting
042794 -        treatment, filed on 100527.  On 100601, I also submitted a
042795 -        letter via email with an agenda for meeting with the doctor
042796 -        requesting treatment to recover, as requested in my claim, and
042797 -        continuing 44 prior requests for the past year.
042799 -         ..
042800 -   14.  PARP "targeted" treatment or equal, requested in my claim, and
042801 -        prescribed by UCSF, would have enabled recovery, if care was
042802 -        provided on my last meeting at Kaiser on 100601.  My doctor
042803 -        told me on 100427, that my patient profile required "targeted"
042804 -        treatment UCSF prescribed, i.e., therapy "targeted" to cancer,
042805 -        beginning with PARP (new technology that improves upon chemo).
042806 -        So, on 100501, I sent a letter again requesting PARP treatment.
042807 -        The doctor responded saying to wait until the next meeting on
042808 -        100601.  However, on 100601, the doctor said he could not
042809 -        provide care because he could not communicate with Doctor Rugo
042810 -        at UCSF for an entire month using telephone and email.
042811 -        ref SDS 86 4F6I
042813 -         ..
042814 -   15.  The doctor spent about 5 minutes looking on the Internet for
042815 -        other sources to provide PARP, and then said he is sorry, but
042816 -        until UCSF notifies him they are ready to give me PARP, he can
042817 -        only prescribe medication to avoid pain and suffering while
042818 -        dying in Hospice care.  At that time, I was suffering severe
042819 -        pain from a year of chemotherapy, which Kaiser knew was
042820 -        ineffective and caused severe pain.
042822 -         ..
042823 -   16.  I assume my first claim requesting care, and filed on 100527,
042824 -        will become moot with my death, which now seems immanent, and
042825 -        fulfilling intent of Kaiser and UCSF to "run out the clock" by
042826 -        delaying care.  I feel conduct by UCSF and Kaiser causing
042827 -        wrongful death to avoid accountability should get a full airing
042828 -        for quality care improvement, and that this will only occur, if
042829 -        Kaiser and UCSF have to pay damages [...per Millie's request
042830 -        this morning, above. ref SDS 0 036C...]
042831 -
042832 -            [On 100730 0928 Millie died suddenly on 100729; Paula
042833 -            called the next day and seemed to indicate a claim by the
042834 -            family for wrongful death might be appropriate for good
042835 -            faith review of Millie's care that would yield improvements
042836 -            for other patients. ref SDS F4 N550
042838 -         ..
042839 -   17.  I am motivated in part by misrepresentation attributed to my
042840 -        doctor in Kaiser's claim determination filed on 100708.  My
042841 -        doctor is represented as telling Kaiser's claims department
042842 -        that he told me on 100601, that my cancer cannot be treated by
042843 -        "targeted" agents, and I therefore entered Hospice. ref SDS D6
042844 -        X45V
042846 -         ..
042847 -   18.  In fact, he told me no such thing.  It took the doctor 10
042848 -        seconds to transfer me off the books of oncology, relieving him
042849 -        of responsibility for protecting my interests obtaining
042850 -        recovery from UCSF medical mistakes.  Whereas over the entire
042851 -        previous year, he claimed not to have enough time to arrange
042852 -        for care, which UCSF said was essential and effective for my
042853 -        recovery.
042855 -         ..
042856 -   19.  I feel very fortunate nearing my end knowing I have done my
042857 -        best to be a good mother and citizen.  My legacy of 3 wonderful
042858 -        children, and now many grandchildren making there way in the
042859 -        world warms my heart.  I also hope to leave a legacy for being
042860 -        a good partner with Kaiser and UCSF the past 10 years, and that
042861 -        full airing of medical management in my case will help my
042862 -        family, your's, and everyone's family get better health care in
042863 -        the future. [...discussed with Millie this morning, per above.
042864 -        ref SDS 0 JX7G...]
042866 -         ..
042867 -   20.  Therefore, I want to file a 2nd claim for monetary damages,
042868 -        generally for wrongful death, and for pain and suffering from
042869 -        defective care.  Facts on wrongful death are presented in my
042870 -        first claim.
042871 -
042872 -            [On 100730 0928 Millie died suddenly on 100729; Paula
042873 -            called the next day and seemed to indicate a claim by the
042874 -            family for wrongful death might be appropriate for good
042875 -            faith review of Millie's care that would yield improvements
042876 -            for other patients. ref SDS F4 N550
042885 -             ..
042886 -            [On 100810 1457 Paula advises the Millie's children
042887 -            notified Kaiser that the family would not implement
042888 -            Millie's wishes to file a claim to improve health care.
042889 -            ref SDS F6 RR33
042891 -         ..
042892 -   21.  There are numerous and separate instances of pain and suffering
042893 -        in my case.
042895 -         ..
042896 -   22.  To file my claim, I need to know if each instance can be
042897 -        monetized separately, or is there a maximum that can only be
042898 -        recovered for all instances of pain and suffering over my 10
042899 -        years of care?
042900 -
042901 -            [On 100728 0821 telecon legal counsel seemed to indicate
042902 -            Millie's heirs might recover monetary damages of up to
042903 -            $250K on each count of pain and suffering that injured
042904 -            Millie. ref SDS F3 Z25G
042906 -         ..
042907 -   23.  For example, Kaiser misdiagnosed my cancer as reaction to
042908 -        radiation for 18 months, beginning on 030109, until 040614, and
042909 -        so delayed treatment.  I did not file a claim for malpractice,
042910 -        because the only remedy was to provide care, and Kaiser
042911 -        provided care for me to recover as well as possible.  However,
042912 -        I have 2nd opinions from UCSF and Stanford Cancer Centers
042913 -        showing misdiagnosis, and the doctor at Stanford told me that
042914 -        this long delay not treating my cancer for 18 months would
042915 -        significantly increase morbidity, which means my pain and
042916 -        suffering is increased as I near death.
042918 -         ..
042919 -   24.  Thus, I am now experiencing this damage from Kaiser's original
042920 -        misdiagnosis for 18 months, beginning on 030109.  Can I claim
042921 -        recovery of monetary damages for pain and suffering occurring
042922 -        now due to errors in 2003 and 2004, and how much?
042924 -         ..
042925 -   25.  UCSF radiation mistakes injured my lungs, causing terrible pain
042926 -        breathing due to progressive radiation injury.  I was treated
042927 -        twice in Emergency for painful breathing, in July 2009, and
042928 -        again in September 2009.  Breathing problems continued until
042929 -        February or March of this year, when I finally recovered.  Can
042930 -        I claim recovery of monetary damages and how much?
042932 -         ..
042933 -   26.  UCSF radiation mistakes caused my cancer to spread.  This was
042934 -        not known until June, 2009, and pain from advancing cancer has
042935 -        been continuous, because UCSF failed to provide prescribed
042936 -        treatment with PARP to recover.  Can I claim recovery of
042937 -        monetary damages for pain and suffering from untreated cancer,
042938 -        and how much?
042940 -         ..
042941 -   27.  UCSF and Kaiser conspired to treat me with chemotherapy, which
042942 -        they knew was not effective and would cause pain and suffering
042943 -        with the intent to cause me to end treatment and die, and
042944 -        thereby cover up UCSF mistakes, so that UCSF reputation would
042945 -        not suffer as a leading Cancer Center, and my death removes me
042946 -        from the books at Kaiser, saving Kaiser the cost of my
042947 -        continuing care. Can I claim recovery of monetary damages for
042948 -        pain and suffering from a year of  chemotherapy which Kaiser
042949 -        and UCSF knew was ineffective and caused in my case unbearable
042950 -        pain and suffering, and how much?
042952 -         ..
042953 -   28.  Repeating the same facts as in the paragraph above, Kaiser and
042954 -        UCSF knew chemotherapy significantly increased my risk of fatal
042955 -        infection.  After several months of chemotherapy at the end of
042956 -        2009, I contracted shingles in January 2010, and later in June,
042957 -        was diagnosed with phlebitis.  These infections caused severe
042958 -        pain and suffering for months, including emotional trauma from
042959 -        hideous appearance caused by shingles on my forehead, and which
042960 -        the doctor who treated me at Kaiser in Adult Care, advised that
042961 -        I should not have been treated with chemotherapy.  Can I claim
042962 -        recovery of monetary damages for pain and suffering, and how
042963 -        much?
042965 -         ..
042966 -   29.  There are other similar but separate instances of pain and
042967 -        suffering in my patient history.  I just need to know how to go
042968 -        about monetizing each instance?
042969 -
042970 -        a.  Problems with CT radiology tests using my Power Port.
042971 -
042972 -        b.  Blood draws on infected arm in January - March 2010, rather
042973 -            than using Power Port, which then caused my cancer to
042974 -            cascade out of control.
042976 -         ..
042977 -   30.  Your assistance is appreciated, either direct or a referral.
042979 -         ..
042980 -   31.  My assistant, Rod, will call your office in the morning to
042981 -        discuss this matter.  You can call him at my home, 925 680
042982 -        8947.  Rod has helped with my care the past 10 years.  He knows
042983 -        case history.  I submitted a statement of authorization to
042984 -        Kaiser on 100610, for Rod to assist me with my claims.  I would
042985 -        however like to file this final claim personally, if possible.
042986 -
042987 -            [On 100728 0821 called and left message for Paul to call
042988 -            back. ref SDS F3 Z282
042990 -             ..
042991 -            [On 100730 0928 Millie died suddenly on 100729; Paula
042992 -            called the next day and seemed to indicate a claim by the
042993 -            family for wrongful death might be appropriate for good
042994 -            faith review of Millie's care that will yield improvements
042995 -            for other patients, ref SDS F4 N550, as Millie wished in
042996 -            her final letter, shown above. ref SDS 0 X14V
042998 -             ..
042999 -            [On 100810 1457 Paula advises that Millie's children
043000 -            notified Kaiser that the family will not implement Millie's
043001 -            wishes to file a claim to improve health care. ref SDS F6
043002 -            RR33
043004 -         ..
043005 -   32.  Thank you for consideration.
043006 -
043013 -
043014 -
043015 -
043016 -
043017 -
043018 -
043019 -
043020 -
0431 -