Showing posts with label UCLA Medical Center. Show all posts
Showing posts with label UCLA Medical Center. Show all posts

Wednesday, May 21, 2014

YOU MUST FILE A TORT CLAIM AT UCLA MEDICAL CENTER RATHER THAN THE STATE OF CALIFORNIA

See below for recent lawsuits against UCLA.

YOU MUST FILE A TORT CLAIM AT UCLA MEDICAL CENTER RATHER THAN THE STATE OF CALIFORNIA

The University of California works hard to conceal the tort claim process.

You can't sue if you don't file a tort claim within 6 months, so the Regents try to prevent those who have been harmed from filing a tort claim.

At first I was duped by the following document published by the Regents of the University of California:

[Maura Larkins' warning: the following is deceptive, produced by the Regents to avoid tort claims.]

"The Office of The General Counsel of The Regents (“OGC”)... THE REGENTS IS NOT SUBJECT TO CLAIM-FILING PROVISIONS OF THE TORT CLAIMS ACT California Government Code section 905.6 exempts The Regents of the University of California from claim-filing provisions of the Tort Claims Act. A claimant who wishes to file suit against The Regents may serve OGC as specified in section 1 above."

But if you go to "section 1 above", you see an address in San Francisco. It's the wrong address for filing a tort claim. Clearly, the Regents want you to come to them for health care, but if they harm you, they don't want to repair the damage.

I did more research and deciphered the truth with much difficulty. You have to present a tort claim to the specific campus medical center that is involved.

Why is UCLA so afraid of tort claims?

Perhaps it has a lot to hide, as suggested by this story.



Sunday, April 27, 2014

More scrutiny for UCLA's School of Medicine In the wake of a whistleblower lawsuit


The $10-million, mid-trial settlement this week between the UC system and the former head of orthopedic surgery Dr. Robert Pedowitz at UCLA has prompted a consumer group to seek an independent investigation by California Atty. Gen. Kamala Harris or Gov. Jerry Brown.


Dr. Robert Pedowitz

See also: UC OKs paying surgeon $10 million in whistleblower-retaliation case UC OKs paying surgeon $10 million in whistleblower-retaliation case


More scrutiny for UCLA's School of Medicine


A. Eugene Washington, MD, MSc
Dean, David Geffen School of Medicine UCLA
Vice Chancellor, UCLA Health Sciences

[Maura Larkins' comment: Dr. Washington's conflicts of interest
are particularly dangerous since he is in charge of inculcating
a culture of greed and disregard for many patients at one of the
country's premier medical schools.]

Photo by Elisabeth Fall

More scrutiny for UCLA's School of Medicine
...[A] new study raises a red flag about universities' financial ties to industry.
By Chad Terhune
Los Angeles Times
April 25, 2014

In the wake of a $10-million payout to a whistleblower, UCLA's School of Medicine is drawing more scrutiny over its financial ties to industry and the possibility that they compromised patient care.

A new study in this month's Journal of the American Medical Assn. raised a red flag generally about u niversity officials such as Eugene Washington, the dean of UCLA's medical school who also serves on the board of healthcare giant Johnson & Johnson.

The world's biggest medical-products maker paid Washington more than $260,000 in cash and stock last year as a company director.


"There are real risks here," said Walid Gellad, assistant professor of medicine at the University of Pittsburgh and co-author of the JAMA study. "Are the policies in place enough to govern these potential conflicts among the leadership of academic medical centers?"

Meanwhile, the $10-million, mid-trial settlement this week between the UC system and the former head of orthopedic surgery at UCLA has prompted a consumer group to seek an independent investigation by California Atty. Gen. Kamala Harris or Gov. Jerry Brown.

In a 2012 lawsuit against UCLA and UC regents, Dr. Robert Pedowitz, 54, alleged that they failed to act on his complaints about widespread conflicts of interest among the medical school faculty and that they later retaliated against him for raising those concerns as a whistleblower.

As department chairman, Pedowitz testified, he became concerned about colleagues who had financial ties to medical-device makers or other companies that could unduly influence their care of patients or research into new treatments.

University officials said they thoroughly investigated Pedowitz's claims and found no wrongdoing and no evidence that patient care was jeopardized. UC regents said they agreed to settle to avoid the time and expense of further litigation.

In a statement Friday, UCLA said Washington's work as a J&J director did not compromise the "integrity of operations" at UCLA, and that his outside activities complied with university policies.

"Dr. Washington has absolutely no oversight of purchasing decisions involving devices or supplies," UCLA said. "Dr. Washington's board service provides significant benefits to both UCLA and the wider field of medicine. As the only physician on the board, Dr. Washington provides a frontline perspective on patient care and the needs of doctors."

Such ties between healthcare companies and physicians have drawn increasing attention from government officials and patient advocates. Taking effect this fall is a provision of the federal Affordable Care Act that requires public disclosure of financial relationships between medical companies and doctors.

Consumer Watchdog, a Santa Monica advocacy group that asked for the state investigation, said the troubling nature of Pedowitz's allegations and the large settlement amount warrant further inquiry.

"It is apparent that UCLA's policies governing financial conflicts are either inadequate or unenforced," Jamie Court, president of Consumer Watchdog, wrote in a letter sent to state officials Thursday.

"Are the same failures happening at other hospitals in the UC system? Your independent investigation is needed to ensure that patients are not harmed," he wrote.

Consumer Watchdog said the investigation also should determine whether oversight of UC's relationships with medical companies should be taken away from university administrators such as Washington and given instead to an independent monitor.

A spokesman for the attorney general said Harris is reviewing the consumer group's request. He would not comment further.

Responding to the letter, UCLA said its "current policies and procedures represent best practices that have continued to become stronger and more rigorous in recent years.... We are always looking for ways to improve further."

In an interview last week, the chief compliance officer of the UCLA Health System said Washington encouraged her to investigate Pedowitz's claims fully. Washington testified at Pedowitz's trial, and his handling of the surgeon's allegations came up regularly.

The compliance officer, Marti Arvin, said industry relationships are unavoidable at universities and that patients benefit from that collaboration.

"Having those relationships with industry is a component of allowing us to meet our mission of leading-edge patient care, education and research," Arvin said.

Washington was reelected to J&J's board Thursday. The company said "we see absolutely no financial conflict of interest with Dr. Washington serving on our board."

He wasn't alone among academic medical center officials who served on the boards of major pharmaceutical companies in 2012, the year examined by researchers.

For instance, the dean of USC's School of Pharmacy, R. Pete Vanderveen, serves on the board of Mylan Inc., a major drugmaker based in Canonsburg, Pa.

A spokeswoman for USC said the university has policies in place to manage potential conflicts. But USC said that's "a moot point in this case because the School of Pharmacy has no business relationship with Mylan."

The study found that 41 board members at large drug companies held leadership posts at academic medical centers. Their average compensation for serving as a company director was $312,564.

"These leaders are wearing two very important hats at the same time," said Gellad, the study's co-author. "There are a lot of benefits from academic medical centers having interactions with industry, but we can't ignore the risks."

chad.terhune@latimes.com

Wednesday, April 23, 2014

UCLA pays $10 million for retaliation against surgeon who exposed industry payments that may have compromised patient care

This case is just a small part of a larger problem at UCLA. Another small part of the problem, the behavior of Eugene Washington, dean of the David Geffen Medical School at UCLA, is discussed HERE.

UCLA'S $10 MILLION WHISTLE-BLOWER RETALIATION CASE:

"Shortly before Pedowitz joined UCLA in 2009, the university was already facing criticism from Congress over the failure of a top spine surgeon to report nearly $460,000 in payments he received from Medtronic and other medical companies while researching their products' use in patients, government records show.

"Dr. Jeffrey Wang, who left for USC Spine Center last fall, stepped down as head of UCLA's spine program in 2009 after U.S. Sen. Charles Grassley (R-Iowa) publicized his lapse in disclosure as part of a larger investigation into medical conflicts of interest.

"Several patients are now suing Wang and UCLA in state court for negligence, fraud and malpractice in connection with surgeries involving Medtronic's controversial Infuse bone graft."

"...'What good are all the policies if they protect the wrongdoers and fail to protect the actual whistleblower?' Quigley said. 'The university wanted to cover it all up.'"



UCLA surgeon Dr. Robert Pedowitz, who said the medical school allowed doctors to take industry payments that may have compromised patient care

UC OKs paying surgeon $10 million in whistleblower-retaliation case
The settlement ends a case brought by the ex-head of UCLA's orthopedic surgery department
By Chad Terhune
Los Angeles Times
April 22, 2014

University of California regents agreed to pay $10 million to the former chairman of UCLA's orthopedic surgery department, who had alleged that the well-known medical school allowed doctors to take industry payments that may have compromised patient care.

The settlement reached Tuesday in Los Angeles County Superior Court came just before closing arguments were due to begin in a whistleblower-retaliation case brought by Dr. Robert Pedowitz, 54, a surgeon who was recruited to UCLA in 2009 to run the orthopedic surgery department.

In 2012, the surgeon sued UCLA, the UC regents, fellow surgeons and senior university officials, alleging they failed to act on his complaints about widespread conflicts of interest and later retaliated against him for speaking up.

UCLA denied Pedowitz's allegations, and officials said they found no wrongdoing by faculty and no evidence that patient care was jeopardized. But the UC system paid him anyway, saying it wanted to avoid the "substantial expense and inconvenience" of further litigation.

[Maura Larkins: Closing arguments were about to begin in the case. UCLA had already invested "substantial expense and inconvenience", and would have incurred very little expense or inconvenience if it had simply allowed the closing arguments to go forward. The reason it settled was that it realized that the weight of the evidence showed that UCLA did indeed jeopardize patient safety and certainly violated conflict of interest standards and the legal rights of the whistle-blower.]

As department chairman, Pedowitz testified, he became concerned about colleagues who had financial ties to medical-device makers or other companies that could unduly influence their care of patients or taint important medical research.

He also alleged that UCLA looked the other way because the university stood to benefit financially from the success of medical products or drugs developed by its doctors.

One of the orthopedic surgeons that Pedowitz complained about testified at trial about receiving $250,000 in consulting fees in 2008 from device maker Medtronic. In memos to university officials, Pedowitz raised concerns about the financial dealings of other doctors as well.

Inside the courtroom Tuesday, Pedowitz sat in the front row with his wife and daughter as the judge told jurors that a settlement had been reached. He said he felt vindicated by the outcome.

"These are serious issues that patients should be worried about," Pedowitz said in an interview. "These problems exist in the broader medical system and they are not restricted to UCLA."

The seven-week trial in downtown Los Angeles offered a rare glimpse into those potential conflicts at a time when there is growing government scrutiny of industry payments to doctors.

Starting this fall, the federal Physician Payments Sunshine Act, part of President Obama's healthcare law, requires public disclosure of financial relationships between healthcare companies and physicians.

Many doctors and universities defend long-standing industry arrangements as essential for carrying out cutting-edge research and top-flight medical education.

In a statement Tuesday, the UC regents said they "resolved this lawsuit to end a prolonged conflict and permit UCLA Health Sciences to refocus on its primary missions of teaching, research, patient care and community engagement."

The statement added that "multiple investigations by university officials and independent investigators concluded that conduct by faculty members was lawful. Patient care was not compromised."

This latest settlement eclipses a $4.5-million payout the UC regents made last year to resolve a racial discrimination lawsuit filed by another UCLA surgeon.

Pedowitz, as part of his settlement, left the UCLA faculty, effective Tuesday. He had agreed to step down as department chairman in 2010 after initially voicing his concerns to top UCLA officials. He filed a whistleblower retaliation complaint in March 2011.

Experts in medical ethics say the UCLA case shows much more needs to be done within academia and by government regulators to address potential conflicts of interest in medicine.

Susan Chimonas, associate director of research at Columbia University's Center on Medicine as a Profession, said some medical schools are still reluctant to take on specialists who bring in considerable money from patients, medical research and patents on breakthrough products.

"Institutions can be dependent on the money these big-earning specialties like orthopedic surgery bring in," Chimonas said. "They are the cash cows and they can set their terms. This is not the first time I've heard of medical schools having policies that are not well enforced."

In an interview last week, the chief compliance officer at the UCLA Health System flatly rejected the notion that the university didn't enforce its policies or look fully into Pedowitz's allegations. She also said industry ties are unavoidable at a big medical school and rules are in place to prevent conflicts.

"We have processes in place to identify those relationships in a transparent fashion and ensure they don't have any inappropriate influence on the actions of the university," said Marti Arvin, chief compliance officer. "In order to meet our mission, it is important we have both the brilliant minds we have at UCLA and collaboration with industry."

Arvin said the university "thoroughly and objectively investigated those allegations of noncompliance raised by Dr. Pedowitz. We were able to determine the vast majority were unsubstantiated."

She said two doctors fell short of university expectations in their handling of outside income, but there was no violation of law or university policy in either instance.

Arvin cited the case of Dr. Nick Shamie, the orthopedic surgeon who testified at trial about receiving $250,000 from Medtronic for consulting work. She said department policy at the time didn't require Shamie to send that outside income through UCLA's faculty compensation plan.

At trial, Pedowitz said he was deeply troubled by the large amount of money Shamie was paid. He testified that he was particularly concerned that Shamie was trying to enroll patients in a research study involving Medtronic at the time.

"I saw this as an obvious problem," Pedowitz testified.

In court, Shamie said he abided by university policy and didn't pursue the study further because finding patients was too difficult. He couldn't be reached for additional comment.

The other physician cited by Arvin for a potential shortcoming was Dr. David McAllister, vice chairman of clinical operations for the orthopedic surgery department.

He didn't report payments from the Musculoskeletal Transplant Foundation, a nonprofit tissue bank that does business with UCLA, because he didn't think disclosure was required in that instance because it didn't involve a for-profit entity, Arvin said.

McAllister also declined to comment, referring a call to UCLA.

Shortly before Pedowitz joined UCLA in 2009, the university was already facing criticism from Congress over the failure of a top spine surgeon to report nearly $460,000 in payments he received from Medtronic and other medical companies while researching their products' use in patients, government records show.

Dr. Jeffrey Wang, who left for USC Spine Center last fall, stepped down as head of UCLA's spine program in 2009 after U.S. Sen. Charles Grassley (R-Iowa) publicized his lapse in disclosure as part of a larger investigation into medical conflicts of interest.

Several patients are now suing Wang and UCLA in state court for negligence, fraud and malpractice in connection with surgeries involving Medtronic's controversial Infuse bone graft. UCLA said it doesn't comment on pending litigation. Wang couldn't be reached for comment.

Shortly after raising his concerns, Pedowitz said, he was pressured to step down as department chairman in 2010. Pedowitz said he was further retaliated against by being denied patient referrals and prevented from participating in grants and other activities.

Before UCLA, Pedowitz worked at UC San Diego and as chairman of orthopedics and sports medicine at the University of South Florida.


Mark Quigley, an attorney representing Pedowitz, said the case could have been avoided if the UC system enforced the policies it already has in place.

"What good are all the policies if they protect the wrongdoers and fail to protect the actual whistleblower?" Quigley said. "The university wanted to cover it all up."



Saturday, November 30, 2013

Strikes at University of California hospitals statewide

Second strike in 6 months at UCLA Medical Center
Some UC Hospital Workers To Participate In 1-Day Strike Wednesday
CBS Local News
Nov 20, 2013

Hundreds of replacement workers will fill in for workers on strike. Dr. Tom Rosenthal, the chief medical officer ...


LAST MAY:

UCLA Chief Medical Officer Says Strike Is About Pensions, Not Patient Care
May 21, 2013
WESTWOOD (CBSLA.com) — As a two-day strike began Tuesday at five of the biggest medical centers in the University of California system, medical workers say they are protesting low staffing levels and patient care, while officials contend that the strike is about pensions.

Thousands of union medical workers walked picket lines throughout the state, including at UC Irvine and the Westwood and Santa Monica campuses of UCLA Medical Center. The strike officially began at 4a.m. Tuesday morning.

The strike comes after nearly a year of stalled contract negotiations with UC administrators. Striking workers said they are protesting a range of issues, including patient care and current staffing levels.

“I am here for my patients, I’m really concerned about their safety,” said radiation therapist Jenny Takakura, who administers radiation to cancer patients.

“We’ve had three therapists that have left, and each time they’ve left they have not been replaced,” she said.

UCLA Chief Medical Officer Dr. Tom Rosenthal said there are no issues with patient care...

[Maura Larkins comment: In fact, there are issues with patient care at UCLA, but they are hushed up. UCLA achieves this by working with other medical centers. UCLA hushes up other hospitals' problems, thus making sure other hospitals aren't motivated to improve, and keeping UCLA's reputation among the best. In fact, the grading is on a curve, so laziness and greed are allowed free rein.]



"The union representing patient care and service employees at UCLA Medical Center, Santa Monica held a strike last Wednesday. Strikes took place at each of the University of California hospitals statewide on the same day."

UCLA-Santa Monica Hospital Workers Participate In Strike
Parimal M. Rohit
Santa Monica Mirror
Nov. 29, 2013

For the second time in almost six months, some workers from the Santa Monica-UCLA Medical Center participated in a one-day strike last week.

The Nov. 20 strike, coordinated by the American Federation of State, County, and Municipal Employees (AFSCME) Local 3299, took place at each of the University of California hospitals statewide, including the UCLA-run facilities both in Santa Monica and in Westwood.

All hospitals remained open, with elective surgeries directly impacted by the one-day walkout, according to news reports.

Similar to the two-day strike at Santa Monica-UCLA Medical Center and other University of California hospitals in May, elective surgeries scheduled for Nov. 20 were reportedly rescheduled.

Union officials and the workers participating in the strike made demands for increased staffing, pay raises, and updated pension plans.

According to a statement released by UCLA Health, 325 replacement workers filled in for those who joined the picket line. Some administration staff members were “redeployed” to substitute for a variety of workers ranging from housekeeping staff to respiratory therapists and nursing assistants, according to UCLA Health.

“We sincerely apologize for any inconvenience this strike may cause our patients and their families and friends,” UCLA Hospital System’s chief medical officer Dr. Tom Rosenthal said in a released statement prior to the strike. “However, every effort is being made to ensure that the hospitals and clinics that are part of the UCLA Health System remain open and continue to deliver the highest level of patient care.”

In all, 20 percent of elected surgeries scheduled during the one-day strike were rescheduled.

It was estimated the one-day strike would cost the entire UCLA Health System $2.5 million, including lost revenue and compensation for replacement workers.

AFSCME represents about 22,000 patient care and service employees. About 3,800 of those employees work for the UCLA Health System.

Despite the strike, UCLA Health said approximately 75 percent of AFSCME employees still showed up for work.

Also on the picket line alongside AFSCME Local 3299 members were representatives of other unions representing teaching assistants, lecturers, librarians, nurses, and healthcare and research employees at the University of California.

A similar strike took place May 21 and 22, when nearly 30,000 people participated in a two-day strike at University of California hospitals across the state. Members of the second labor union, University Professional and Technical Employees (UPTE), joined the two-day strike in solidarity.

At Santa Monica-UCLA Medical Center, more than 100 hospital employees lined Wilshire Boulevard and 16th Street during the two-day strike last May in an effort to increase staffing, update pension plans, and demand raises.

In September, AFSCME Local 3299 filed a complaint with the California Public Employment Relations Board (PERB) and alleged representatives on behalf of the Regents of the University of California engaged in intimidation practices against hospital workers during the two-day strike in May.

Specifically, the complaint charged the Regents of the University of California with threatening “adverse action against employees for participating in a strike,” listing three scenarios where a UC representative allegedly singled out an employee to be terminated or reprimanded if they took part in the two-day walkout in May.

The Santa Monica-UCLA Medical Center is a 267-bed facility located at 16th Street and Wilshire Boulevard.


Strike news update at UCLA
By UCLA Newsroom
November 20, 2013

An estimated 230 UCLA service employees represented by the American Federation of State, County and Municipal Employees (AFSCME) did not report to work on Wednesday. Among them are cooks and food service workers, landscaping crews and custodial staff. (Staff at UCLA Ronald Reagan Medical Center are separate.)

To minimize the impact on campus operations, supervisors prioritized tasks, performed some duties and utilized temporary replacement workers.

In dining facilities operated by Housing and Hospital Services, meals were simplified. Four facilities representing about 30 percent of the operation were closed for the day: Bruin Plate, Feast at Rieber, Hedrick Test Kitchen and Café 1919.

Custodial service in on-campus housing was prioritized around the cleaning of restrooms and removal of refuse from living areas.

Cleaning priorities for other campus buildings were focused on the highest-demand classrooms, restrooms, libraries. UCLA attempted to provide some minimum amount of service to all buildings on Wednesday.

Landscaping crews focused on trash removal and key campus areas.