Showing posts with label court update. Show all posts
Showing posts with label court update. Show all posts

Friday, December 7, 2012

Update - December 7, 2012


One would think that after almost eight years our journey to get justice for our girls would be done. It is not. We have been fighting the defense over every little loophole they can find. I do not think they have any clue who they are dealing with. My boys and I will NEVER give up this fight no matter how hard they try to wear us down; it only makes us stronger and more determined to not give up on the girls. But we most certainly have given up on is the defense having a compassionate bone in their organization. Makes you wonder why and how they can be in the business of health care. You would think the two go hand in hand. Not at Advocate Health Care, Dreyer Medical or with Dr. Michael Collins. In their minds we are a bother, as was Amanda’s care to them on Wednesday January 26, 2005. Well all I can say is keep it coming and watch your money hemorrhage to the attorney’s you have hired. We will never stop. NEVER. You have already admitted what you did. We just do not understand how you cannot want to give us the peace and closure that we desire. Makes me wonder how many others you treat like this. I would bet a lot.
Since the last post we have gone through the process of having to prove that the girls died simultaneously. I know what you are thinking; they were both in the same car that hit an eighteen wheeler truck head on, of course they both died on impact. But the defense wanted to examine this further so that they did not miss any opportunity to not have to give us a fair settlement. But of course not one person from those named in the law suit can even take the time to personally attend the court hearings. That would mean that maybe they would have to face the family of Amanda and Jazmine. It is much easier for them to sit in their plush offices and pay attorneys to do their dirty work. After all the time and money spent on this issue, it was ruled by the court that they indeed died simultaneously. OK. Now the boys and I are lawfully Amanda’s next of kin. (We knew we were all along).
On November 26th we entered, once again, into settlement talks to no avail. We never go into these believing that we will be done. And of course we are not. There were new issues that the defense needed to disclose, someone anonymously left a message on their voice mail regarding our case. Instead of bringing it to the court’s attention when it happened, they waited until we had started settlement talks and then pulled it out. It is nothing we are worried about. How can anyone put credence into a message that is 1. Anonymous 2. From a blocked number 3. Is left at 1:15am and 4. Contents completely untrue hearsay? Nonetheless it was enough to delay the talks yet again. Honestly we expected as much. The date was rescheduled for January. In the meantime the boys were appointed a guardian ad litem, which is something we expected and welcome to happen. If anyone out there thinks that I do not have my children’s best interest in heart you do not know me. I fight for my kids in life and in death. We will ride this out knowing that we are right. We are loved by many as are Amanda and Jazmine. We are strong. We will not stop. EVER. Just a tip for the defense; with the money you keep spending on your attorneys we could have settled this long ago. But I am sure they appreciate it.

Friday, December 16, 2011

Update



Dear Family, Friends and Supporters,

The delay in the update this time is mainly due to my frustration. In the last update, I reported that the defense were to have their depositions completed by the August court date. It is no surprise that this did not happen. 

Given the complicated story, I think it would be most clear to report on each “witness” individually. I will start with the coroner. His deposition was completed by the August court date. It went as we expected. He reported that he followed normal procedure; arriving at the scene, he pronounced Amanda dead. This was her legal time of death. Jazmine had been transported, so he was not able to evaluate her condition. It was his understanding that Jazmine had presented “triple zero” at the scene and throughout her trip to the hospital. Upon arrival in the emergency room she was evaluated and, after further efforts to resuscitate her, she was pronounced dead by the emergency room doctor. This was her legal time of death. He shared that the legal time of death vary rarely reflects the true time that death occurs.  He went on to say that it is not uncommon for first responders to take heroic measures, especially when an infant is involved. During the course of his deposition he revealed that there were three x-rays that had been taken of Jazmine. This was new information for us. We were aware of only one of her chest.

This brings us to the next deposition; that of the radiologist from the hospital who read this single x-ray. In his deposition, he stated that according to his report from that night the one x-ray he viewed showed no abnormalities. At that time, the other two views may not yet have been taken.  The radiologist refused to comment on the two x-rays he had not seen previously, given that they were copies and he was not in a clinical setting with a proper light board on which to read the x-rays. 

We consulted with a well-respected neurosurgeon who reviewed the x-ray of Jazmine’s head and neck.  He confirmed the x-ray revealed that her neck was broken and actually separated in the area of the brain stem. This injury results in instant death. 

We shared this information with the defense in court on October 5, 2011, and requested twice that they consult their own expert. We are confident that any knowledgeable expert will come to the same conclusion. This would leave no question as to the physical time of Jazmine’s death. So far they have continued to insist on taking a deposition from the emergency room doctor who pronounced Jazmine dead. This has yet to happen. Although this was to be completed by the August court date, we are still waiting for it to be scheduled. Due to a medical emergency with this doctor, then his recovery and now his involvement in another trial, it seems like this deposition will never take place. It is our opinion that any information he provides will simply confirm his written report; Jazmine arrived at the ER with no pulse while being artificially resuscitated manually, she was unresponsive and following his attempts to resuscitate, he pronounced her dead according to protocol. No surprises expected here.

On our next court date, December 7, 2011, the judge became impatient with the slow pace of discovery.  She ordered that the defense take the ER doctor’s deposition by January 31, 2012; she also ordered that we disclose the experts we intend to call at trial by January 6, 2012 and that the defense take those depositions by March 9, 2012.  We will be in court again on March 14, 2012.

Thank you for your continued love, care and support.

Love, Molly, Farrell, Stephen and all those who love our girls and seek justice for them.

Wednesday, June 29, 2011

Court Update

I know that it’s been a long time since I have updated you on where our fight for justice stands.  This was not my choice.  The defense has been doing all they can think of to avoid doing what is right.  They were trying to impose a “Gag” order on our being able to share their newest position; I can only believe that they are fearful that if the public found out what it was that their “pristine image” could be tarnished.

Today the court ordered that we cannot discuss any monetary aspect of the case.  We totally agree with this.  But we do not have to remain silent about the position they are now taking.  And that is that the boys and I are not Amanda’s legal next of kin.  Their argument is that Jazmine is Amanda’s only next of kin.  Records indicate that Jazmine was not pronounced dead until thirty five minutes after Amanda, thus she survived her mother and is the sole heir to her estate.  And since she passed, there is no heir. 

They come to their rationalization because included in the reports are statements such as “Bilateral chest sounds” and “symmetrical chest wall rise and fall”.  This should be no surprise since Jazmine was being artificially respirated.  Reports also indicate that upon initial assessment Jazmine’s vital signs were “triple zero”.  This means that there was no respiration, pulse or blood pressure signs found.  Continued evaluation of her condition to the hospital does not waver from this initial assessment.  

But once again, instead of trying to ease the pain they have caused, they continue to try to find any loop hole that will “get them off the hook” and allow them to shirk the responsibility they have in this awful situation they created. 

So we wait for them to obtain depositions from the Emergency Room doctor, the coroner and the doctor that performed Jazmine’s autopsy.  With their first hand knowledge all will know that as much as I wish it was not true, there was no saving my precious Granddaughter.  

But to add salt to the wound, I will sit through these play by play attempts.  Something no grandmother would want to do, but that I couldn’t not be there for.  I know that heroic measures where taken to try to avoid the inevitable.  I appreciate that, but think that it is so pathetically cruel that the defense is trying to get out of their responsibility to give us some kind of justice because the responders did what they were trained to do.  Even though there was, in reality, no chance for Jazmine they did what they could.  Wouldn’t you?  She was a baby and maybe they were aware of my daughter condition and with compassion and giving hearts tried to make our loss a little less, knowing deep down that it was hopeless.  I thank them for that.

What puzzles me is that Advocate Health Care Services tag line is “Inspiring Medicine” and “Changing lives”.  Synonyms for inspiring are; responsible for, influence, inform and reassure.  This seems ironic to me.  And although it is true that they changed our lives, is that something they are proud of? 

Dreyer Medical Clinics web site lists their mission, values and philosophy.  Under the Values list is the sub heading of "Excellence: we empower people to continually improve the outcomes of our service, to advance quality and to increase innovation and openness to new ideas".  And "Stewardship: we are responsible for all that we are, have and do". 

Under Philosophy you find points that they feel are important, included are two that I find interesting; 
"Customer satisfaction is the foundation on which every organization is built, so satisfaction with our services must be measured frequently and appropriate measure taken to continuously improve customer satisfaction".  
"We believe our physician and associate must be responsible resources and accountable for ethical behavior and stewardship of all resources under our control to ensure the accomplishment of our missions". 
Yet that has not been our reality with them at all.

I can report that Emo has been able to come to a settlement.  My heart is happy for him.  They have stepped up to the plate.  Jazmine’s life has been validated.  Maybe Emo will finally be able to move towards the closure we all crave.

But what about Amanda?  I miss her.  My life will never be the same.  My heart has not stopped hurting, even for one second.  My boys miss their sister.  The constant conversation and thoughts are; “remember when Amanda…” “Remember when Jazmine…”  “Remember when Amanda was afraid the ostrich was going to eat Jazmine?”  "Remember all the fun we had in Ely with all of the cousins?"  “Wonder what Amanda/Jazmine would think, say, be like, have enjoyed, do,…”.  



All Amanda asked for that day at Dreyer was help to feel better.  That’s all.

The depositions are to take place before the next scheduled court date on August third.  At that time, it is my understanding that the court will schedule a hearing to decide who Amanda’s legal next of kin is.  If the ruling is that it is Jazmine, the boys and I will likely not receive the justice and closure we have been seeking.

I will be posting updates as they are available.  Please feel free to check back or send me your e-mail address and I will be happy to send you a notice when there has been a new posting.  You can 'follow' this blog by clicking the 'Follow' button down at the bottom of the page. 

Thank you all for your continued support.  It is what keeps us going.

Monday, March 21, 2011

Administration of Potentially Sedating Medications

   

This is a copy of the new policy that Dreyer put into place in December 2005 - about a year too late.  

Sunday, March 13, 2011

My Letter to the Defense


Here is what I do not understand. You know you did wrong. You made a mistake. You failed us. You have implemented a new policy because of it. 

But instead of trying to make it better for us you continue to cause us pain. Now instead of just admitting it, you feel it necessary to drag us through this ugliness. 

You want to suggest that this accident could have been caused by my daughter. You say you can’t be sure what her state of mind was that day. I knew her well. I’ll tell you what her state of mind was that day.


It was…….

I want to feel better so that I can return to school and continue my educational journey so that I can provide for my wonderful, joyous daughter.

I want to celebrate her first year of life, I want to continue my life no matter what it has in store for me. 

I want to get married and have more children. 

I want to be a part of the family that I am blessed to be in. 

I want to enjoy all my friends and make many new ones. 

I want to help others, like they have helped me. 

I want to feel better so I can do all this and so much more. 

That’s what her state of mind was.


Why are you choosing to continue this pain? I just want this to be over so that we may still have a chance to pick up the pieces we have left and continue our lives the best we can. When will you let us do that? When will we have suffered enough for your mistake?

Amanda’s mom

The Story of What Happened


Amanda and Jazmine’s sudden and unnecessary deaths have affected so many of us. Each of us has our stories of how they both touched our lives, what they meant to us and how we miss them. What many don’t know is what really happened on that awful day.

Amanda had not been feeling well since Saturday. She was vomiting, having diarrhea and basically feeling sick. She had missed school on Monday and Tuesday. On Tuesday evening Amanda asked me to get her an appointment with a doctor. Wednesday morning I went to work and began to find a doctor for her. Previous to having Jazmine, Amanda was seen by a pediatrician and then during the pregnancy she had an OB/Gyn. So I called the doctor I saw at the time. I wanted to get an appointment for myself as well because I was sure I had a bladder infection.

They reported that they did not have any openings for the day; however there was an urgent care clinic in the same building that they were in. I called Amanda and asked her to meet me at the Dreyer Medical Clinic on Fayban Parkway in Batavia at approximately 1:45. When we both arrived, Amanda got Jaz out of her car seat and we entered the clinic. Amanda had to fill out a new patient form. I did not need to do this because they had my chart from the doctor’s office.

We were brought back to an examining room. They took care of me first. And I did have a bladder infection. The nurse now turned her attention to Amanda. She got Amanda’s information. Then Dr. Michael Collins entered our room.  He confirmed that I did have a bladder infection. He then said that he believed that Amanda had the flu.

They were going to give her fluids and an anti-nausea medication intravenously. We had no concerns. She had been on anti-nausea medication during her pregnancy. As these medications entered her body she had a few episodes of feeling dizzy and a bit light headed. She needed to be helped to the restroom. She reported this to the nurse who replied “Dear, you are the one who said you haven’t eaten since Saturday”. As time progressed this feeling seemed to pass. 

After the IV’s were complete, Dr. Collins made his second and final appearance in our room. He told us that if Amanda could keep down some Seven Up she would be released. She did. The nurse came back in the room and told us we could leave. We both asked if there were papers we needed to sign regarding our care. We were told no. It was now approximately 4:30.



We walked to our cars; I buckled Jazzy in her car seat and gave her a kiss. I looked up to the front seat and asked Amanda if she was OK. She said yes. She said that she did not feel any better or worse than when she came. I told her that I would stop at Walgreen’s and get our prescriptions, a berry 7up for her and then stop and get the boys dinner. I told her I loved her and would take care of Jazzy when I got home so she could try to get well enough to return to school the next day.



I told her that I loved her and she told me that she loved me and would see me at home. She pulled out onto the road. I followed behind her. The last I saw her was as her car turned left onto Randall road and I turned into Walgreen’s.

I was about twenty minutes from home and I got a phone call from Ashley. As well as being an awesome neighbor and a good friend to both Amanda and me, Ashley also watched Farrell and Stephen after school until either Amanda or I got home. Ashley asked me if I had heard from Amanda in the last ten minutes. I said, "No, why?"  She said “Nothing."  I told her that she could not call and ask me that without telling me why.

She said that her dad (who was on the fire department) had got called out to an accident with a teenager in the front seat and a baby in the back. I told her not to worry, I was sure that they were fine and that I would call Amanda and find out what was happening. I nexteled her and got no response. I tried again, no response. I next tried to call her. Again, no answer. I began to get nervous. I tried to remain calm. And then I came upon the road block.

I approached the gentleman who was directing traffic. I told him that I thought that my daughter and granddaughter were involved in what was going on. He asked me for my driver’s license and for me to pull over to the side of the road. Shortly he came back to my car and said that someone would be coming to talk to me.

As I sat alone I realized that I was going to go crazy if I did not find someone to talk me through this. I tried to call two of my sisters and got no answer. I then called my niece, Miranda.  Bless her heart, she was there with me.

As I reported that I already knew Amanda was gone she would tell me to think positive. I told her that I knew part of my heart felt like it had physically left my body.



I told her of the helicopter and ambulance that I could see in the distance. She told me to have hope, they must be alive since they were being transported. When a van was allowed through the road block I told Randa, "See, I knew she was dead, there goes the coroner."  She told me that I did not know that. I said, "Yes I do."

Although I had no idea on what had occurred, I did know that my best friend, my first born, my daughter was gone.

After I had sat there for about a half hour the van came back along with a police officer. It was then they confirmed that not only Amanda had died so also had my precious granddaughter. I heard a heart wrenching scream and realized it was me.

The coroners asked me to get out of my car. The police officer would drive me home while one of the coroners would drive my car. At this time I was throwing up and the police officer told me that when I was done I could get in his car and he would take me home.

That was a horrible ride.  My mind was blank, yet it was so full.  How could this have happened?  How would I tell her brothers and Emo?  How in the world could I tell him?  What would I tell him, Ashley, Emily, Katie, Allison and all of her other friends?  How in the world do you deliver this awful, unbelievable and senseless news? 

My family was already on their way to my home, but the police officer told me that he could not bring me home unless there was an adult home. I told them that I was an adult and needed to get home to my boys and Ashley. He eventually got a hold of Ashley’s mom and dad. Her father had helped out at the accident site but left to be with Ashley when she was told...and to be there for me and the boys. They came over.

I walked in the door and saw Ashley, you know she knew something was terribly wrong, but was hoping for the best. I went up and gave her a hug and we both just cried.

The boys had been in the basement playing video games. I called them up. They saw the police officer and knew something was wrong. I sat them down on the couch with me and broke the news. My already broken heart was completely shattered now. She was so special to them and them to her. Jazmine had been a constant in their lives. They love them both so much and could not understand how this could have happened. Neither could any of us.



Next was to tell Emo. He was at work. I could not just call and tell him, we needed to wait for the Aurora police to arrive at his work. I wanted to be the one to tell him. But at this point the house became pure chaos. The phone was going crazy and I missed being able to be the one to tell him. The Aurora police needed to tell him. He and I talked shortly after.



From that moment on my life became a nightmarish blur. I remember bits and pieces.

I remember the coroner and me talking. I was telling him that I cannot understand how this could have happened. He told me that there had been a semi-tractor trailer involved. My first thought was that the truck must have hit her. I was then told that it was her car that had crossed the center line. This was inconceivable to me. Never would she ever do this. She was a great driver, hated semi trucks, never passed anyone on that road and was just two minutes from home.

As the conversation progressed I explained the events of the day...her visit to the clinic, the intravenous medication she was given and the fact that I stopped on the way home to pick up her and my prescriptions.

He asked to see Amanda’s prescription. Someone went to the car to get it.  I remember the coroner calling the doctor and asking him why he let her drive home. The doctor replied that he did not know that she was driving.

My heart still breaks when I think of the poor innocent truck driver. Due to his severe injuries his life has drastically had to change. And I do not think he ever really knew what happened. I am so sorry.

My nightmare continued. I barely made it through. If not for my boys, my family, all the friends and the medication my rheumatologist prescribed for my nerves and mental state I would never have made it. My mind in a fog I barely functioned.

The coroner’s inquest was approaching. I was not sure that I could go. My brother volunteered to go with me. I reluctantly went. It was there that the cause of the accident became crystal clear.

One of the jurors was adamantly questioning the medication Amanda was given. My brother and I looked at each other and knew we had to do something about this. I called an attorney.

We began this ongoing, endless fight to get justice for our girls deaths.

Come to find out; the medication they gave her was named Phenergan. It is true that this medication could help with nausea, but it’s also used as a sedative and anti-histamine. The drug insert directly states that once given you should not drive. We were never given this information. Things would have ended differently if we had.

Meanwhile life moved on for most. I tried to make mine do the same but it is hard. The unbearable grief and wanting to be “normal” again for the boys, my family, friends and myself were beginning to take their toll on me mentally and physically.

The first year was extremely hard, but people remember all of the anniversaries and give you support. The second year was much darker for me. Although I knew that everyone still loved and missed them, I was feeling alone. And as the year progressed my health declined.

By January 2007 I was hospitalized for the first of many times that year. I had many problems, many tests, many medications, blood transfusions, a blood clot and a visit to intensive care. The doctors were challenged to find out what was wrong. Come to find out it was determined that the chronic illness, lupus, that I was diagnosed with in 2001 and had been in remission since then had returned with a vengeance.

A major trigger for lupus is stress.

As 2007 continued my health slowly improved. I was hopeful about returning to my former life and for the court case to progress at a more expedient pace. This was not to be.

January 2008, my health became worse than it had been the previous year. This time there were more tests and medications. At one point I was on 160mg of prednisone intravenously. Although this helped with the immediate problems it ultimately caused more. I now had diabetes and a large weight gain.

I was released from the hospital and tried to resume what had been my normal. Being a single parent, running a business, dealing with my health and having this court case hanging over my head.  My back started hurting really badly. Was I doing too much? Trying to be back to “normal” too quickly?

I went to the doctor. My back was broken. I now had osteoporosis due to the prednisone. The pain increased. I was diagnosed with two compression fractures. We scheduled surgery. The morning of surgery they took an additional MRI. Now they found two more. Since they could only repair two at a time they decided to repair the new ones and have me come back the next week to repair the remaining ones.

The week between the surgeries, I was confined to the couch. I was under strict orders to do nothing else. I did this. The boys and the business had to care for themselves. Family and friends brought dinner every night.

When I went in to get the second surgery they again took an MRI. Now there were two additional compressed vertebrae. They fixed the newer ones, and I still have two that were never treated. My healing is long, painful and humiliating. I needed a wheel chair, cane and large amounts of painkillers.

All of this distraction to my business and my lack of ability to do the job I am trained for devastated me financially. My house has been foreclosed on; the bills were/are a struggle to pay at home and at the office. Try as I might, there is a real chance I am going to lose everything. I try to do the work but my body is not able to do what I need it to do.

I thank God that I have my boys. They keep me going. I love them and hate what this has done to them. To lose their sister, niece and now to have to care for their mother while watching her suffer. That’s a lot.

What has helped us get through this is the support we have received from family, friends, teachers and Fox Valley Hospice with their fantastic programs for grieving children. And the knowledge that the horrific mistake that was made by the doctor, clinic and hospital would eventually be set right.

We are comforted by the fact that some one was helped by receiving Amanda’s eyes. And that memorial money was used to help buy supplies for a daycare room to help care for children as their teen parents pursue their educational goals. Also much of Jazmine’s clothing and furniture was given to a young mother ready to welcome her new blessing.

Then there is the “Love Jazmine Project”.  This began as a way to honor Amanda’s love for Jazmine. Prior to the accident, Amanda was excited to be planning Jazmine’s first birthday party. Since Jazmine did not make it to her first birthday we decided to honor Amanda’s wish and we held a birthday party for Jazmine. The gifts that would have been intended for Jazmine were given to the hospitals that made it possible for us to have her, if even for too brief a time.

The first year there was a huge response and we were able to donate to Kishwaukee Community Hospital, Delnor Community Hospital and Children’s Memorial Hospital. Since the project was so successful, rewarding and healing for Jazmine’s family and friends the tradition has continued every year since. Although some years are more successful than others we always make Delnor Community Hospital our priority. If not for Delnor Community Hospital it is very likely that we would never have been blessed to have her in our lives.

We all just want our girls lives to matter. They did nothing wrong. Amanda and I trusted our medical care. We/I now know now that they don’t tell you all you need to know. You now need to be educated enough to not trust your medical staff.  They don’t always do what is right.  You have to know to always question, even when you don’t think you should need to.

After Amanda and Jazmine’s accident Dreyer Medical Clinic decided to implement a new procedure. They began informing patients when they are given a drug that could have sedative effects. It is too late for us, but hopefully it helps some one else.

We are still fighting this long battle. I just want to know when it will be OK for us to have some peace. The case has been taking forever. The beginning of November 2010 we agreed to enter into settlement talks. All were to come to this meeting with the commitment to make a good faith effort to come to some agreement so that we don’t have to endure the emotional stress of a trial.

Dr. Collins, Dreyer Medical and Advocate come off as being very cold. The doctor has never even attended any of the court dates. I guess he is too busy living his live. That’s what I want to do.

At the settlement talks they started by letting us know that they don’t want us to take anything that is about to be said personally. That if they could bring them back they would.  Then they proceed to pull out their "Kelly Blue Book" for the human life. Find the base price, then start with the “discounts”.  Less for Jazmine as she was diagnosed developmentally delayed, surely there would have been future medical and health care bills if she would have lived. And Amanda had seen a counselor. This, to them, does not show a woman who is smart enough to get help when she needs it. It shows a woman who’s “state of mind” must be questioned. So now their “worth” is less. Also, they see no correlation between the stress this has brought to my life and my declining health. They will not even consider that one had any thing to do with the other. What they care about is money, not what is right.

As for us, we will continue to fight for our girls. We will continue to do what we can for others. We will continue the “Love Jazmine Project” every year. We will do our best to carry on and make them proud.

I personally am being pulled to continue my role as Amanda’s mom by helping other young parents. I have begun my training to become a doula and would love to think I will someday be a foster mom for these parents. I would like to help them and to believe in them the same way I believed in Amanda, Emo and Jazmine.

I miss them.