Thursday, June 30, 2011

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.

Saturday, April 2, 2011

Local family waiting on justice

The Daily Chronicle printed the following story, today.  Click here to read it on their website

Local family waiting on 'justice' from 2005 car accident

By NICOLE WESKERNA - nweskerna@daily-chronicle.com
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Amanda Elkins and daughter Jazmine Luciano were killed in a car accident in January 2005. Their family is still trying to reach a settlement with the medical facility that treated Elkins shortly before the accident. Pictured are (front) Emo Luciano, Jazmine's father; Molly Farrell, Elkins' mother; and Elkins' brothers Farrell Lewis (back left) and Stephen Lewis. (Kyle Bursaw – kbursaw@daily-chronicle.com)
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SHABBONA – Molly Farrell believes that if a "common-sense" practice had been in place at a medical clinic six years ago, her daughter and granddaughter would be alive.

Farrell lost her 18-year-old daughter, Amanda Elkins, and her 10-month-old granddaughter, Jazmine Luciano, in a car accident six years ago. She believes her daughter was improperly discharged from a visit to a doctor's clinic and a medication that she was given led to the accident.
On Jan. 26, 2005, Elkins visited the Dreyer Medical Clinic in Batavia because she was experiencing flulike symptoms. Farrell drove separately and met her daughter at the clinic because she also was seeking medical treatment for a health problem.

Farrell said her daughter was cleared to leave after spending a few hours at the clinic without having to sign any discharge papers or receiving any discharge instructions. Farrell followed Elkins in her car until they parted ways at Randall Road so Farrell could stop at a pharmacy to pick up prescriptions.

On her way back to her Shabbona home, Elkins – who had Jazmine buckled into a car seat in the back of her 2002 Kia Rio – crossed the center line traveling west on Route 30 and struck a semitrailer head-on. Elkins was pronounced dead at the scene, and Jazmine died about a half-hour later at Kishwaukee Community Hospital in DeKalb.

“It was really the worst sensation,” Farrell said of when she found out. “I physically felt part of my heart leaving my body.”

A toxicology report after the accident indicated Elkins tested positive for a drug called Phenergan, which the medical staff administered intravenously during her visit to the clinic. The drug is used to prevent nausea and vomiting, and one of the side effects includes drowsiness.

DeKalb County Coroner Dennis Miller said during the coroner’s inquest that he spoke to the doctor a day or two after the incident. The doctor told Miller he was under the impression that Elkins would not be driving herself home.

DeKalb County Sheriff Roger Scott said no charges were filed after the accident, and deputies weren’t able to determine what caused Elkins’ vehicle to drift across the center line.

“She was returning from a medical appointment,” Scott said. “That may have been a contributing factor, but we don’t know for sure.”

Farrell believes if Elkins’ doctor would have advised her not to drive, her daughter would not have gotten into an accident.

Two years after the accident, Farrell filed a lawsuit against Dr. Michael Collins at the Dreyer Medical Clinic, and she hopes to reach a settlement soon. Stephanie Johnson, director of public affairs for Advocate Health Care, which is associated with Dreyer Medical Clinic, said she could not comment because of the pending litigation.

Farrell said the clinic implemented a new discharge practice about a year after her daughter’s accident, and all patients now are notified about driving after taking certain medications.

“All we really want is justice for our girls,” Farrell said. “Had this policy been put in place, our girls would still be alive.”

Remembering mother and daughter

Since the accident, Farrell said she has suffered illnesses that are perpetuated by stress. She hopes a settlement will help pay for what her family has lost, but she said putting a price on the lives of her daughter and granddaughter is impossible.

“We’re just trying to move on,” Farrell said. “We didn’t go into this voluntarily. They made a grave mistake, and we’ve lost a lot.”

Farrell said some of the money from a settlement could be used to start a foundation in memory of her daughter and granddaughter that’s dedicated to supporting teen mothers.

Elkins was only a few months away from graduating high school when the accident happened. After a complicated pregnancy, she wanted to attend Northern Illinois University and go into neonatal nursing.

Farrell Lewis, Elkins’ 15-year-old brother, described his sister as a caretaker, selfless and someone who always put others before herself.

“She always had a good mood,” Lewis said. “She always had a smile on her face.”

Elkins’ 13-year-old brother, Stephen Lewis, thinks of his Superman shirt when he thinks of his sister because she was always stealing it from him. Before Jazmine was born, Stephen drew a picture of his family and spelled Jazmine’s name with a “z.” From then on, Elkins decided that’s how she would spell her baby’s name.

Farrell’s family remains close with Jazmine’s father, Emiliano “Emo” Luciano. Every year, they celebrate Jazmine’s birthday by holding a toy drive for children at the hospital where Jazmine was born. On March 9, Jazmine would have turned 7 years old.

Farrell said her daughter was her best friend, and she feels blessed to have had her daughter and granddaughter in her life. She still questions what life would be like if she would have known about the medication or if they had chosen a different clinic.

“We’ll never stop grieving them, and there will never be a day we wish this didn’t happen,” Farrell said.
On the Web
www.amandaandjazmine.blogspot.com

Friday, April 1, 2011

Thursday, March 24, 2011

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.  

Thursday, March 17, 2011

Discussion Forum

Hi everyone! 

We've added a discussion forum to make it easier for us all to have conversations with each other, as we share memories and share support.  The forum is linked in the sidebar over on the right.  You can also get to it by clicking here: Amanda and Jazmine Discussion Forum