Deborah S. Calvert
March 13, 2013
VIA
EMAIL
Mark Zahner DOJ-BMFEA
RE: Wrongful death by Sun Healthcare
Group Inc of Evelyn M Calvert
Dear Mr. Zahner,
In response to your recent email, you
stated that you thoroughly investigated the matter of my mother’s death (and four
other deaths, three I witnessed) at Sun Healthcare Group Inc’s nursing facility
“Sunbridge Newport Beach” 2002-2003. I
remind you that this happened while Sun was committed to a 2001 California
State Injunction and YOU were head of the governing agency responsible to
prosecute! You state that the reasons
for your decision had been presented to me –Can you tell me when and can you
forward to me those reasons in writing? Because I must be in a coma, I have no
recollection of such presentation. Assistant
Attorney General Claude Vanderwold did visit the malpractice law firm of Andres
& Andres that I hired to successfully sue a corrupt elder abuse attorney,
Daniel Leipold, and it was there that Mr. Vanderwold stated very clearly in my
presence to my attorney Eugen Andres that the DOJ-BMFEA did NOT hold Sun
responsible for anything at Sunbridge Newport in it’s September, 2005,
settlement of $2.5 Million. Mr.
Vanderwold said that was only for citations in other Sun Healthcare Group Inc
facilities in California. When Mr.
Andres asked why not, Mr. Vanderwold said “We just didn’t”. That is not presenting me with reasons why
the numerous Dept of Health citations were not properly prosecuted by you. Clearly deaths caused by lack of staffing and
broken equipment. Stella Carter, Richard Laga, Betty Harness, the man in Rm 2B
Oct 2003 and my mother Evelyn Calvert died because Sun committed the crime of violating
the 2001 California State Injunction.
Dr. L Scott Stoney even stated to me in 2006 when I picked up his
Medical Review “those bastards killed your mother”. The evidence I have in my mother’s medical
records coupled with the Dept of Health citations were valued by an expert
elder abuse attorney hired by Andres & Andres at $500,000-$1,000,000. Yet
you never prosecuted Sun?
I’m shocked that your agency rushed to
settle with Sun in Sept 2005 while the civil lawsuit I filed in July, 2005 for
wrongful death hadn’t yet presented evidence in court. In June, 2006, I filed with the Orange County
Superior Court the Medical Review from Dr Stoney declaring Sun killed my
mother. Sun’s CEO Richard K Matros was
well aware our lawsuit would include Dr Stoney’s testimony and would be
damaging. Therefore Sun Healthcare Group
Inc’s then CEO, Richard K Matros, defrauded you, by entering into that
settlement. Mr. Matros was a personal
friend of Dr Stoney’s and I understand they discussed my case on various
occasions. You should have investigated
because in my case these two seemed to “set up” each other by engaging in
“planted telephone messages” ordering to withhold hypertensive medications (to
a stroke patient no less!), and other intriguing situations involving setting
up Dr Stoney with a high priced call girls at Laker’s games (November,
2003). All very strange, and interesting
enough to have had investigated.
I do not expect you to re-open the case
of my mother’s long suffering that resulted in her death. Yes it was sad but my concern now is to get
answers why and how the BMFEA allowed overall conditions at Sunbridge Newport
to become so horrific that all those patients died. Neglect from lack of staffing causing both gangrene
and fecal impaction, and even known broken equipment. I would like to know why you did not file
contempt proceedings to protect my mother as soon as Mr. Richard Laga’s
gangrene was determined to be the cause of his death from lack of staffing in
July, 2003. Why instead did you
authorize the DOJ-BMFEA agents lead an intense investigation of the employees
of a San Diego county Sun facility because a patient did not get her eyedrops? That
is exactly what the ElderAbuseExposed.com blog says you folks do at the BMFEA,
you pick the “low hanging fruit”, the easy pickings that maintain your
conviction records. You go after lowly
workers, the employees who have no legal representation –instead of going after
the employers who create the conditions that foster the neglect. And then you dropped the charges in that San
Diego case against the employees making a mockery of the whole process. First of all you knew through a citation
issued by the Dept of Health that Stella Carter died when an overworked nurse
did not fill a physician’s order for “stat”.
Her family filed a wrongful death lawsuit against Sun prior to August 1,
2002 when my mother was admitted to Sunbridge Newport. In June, 2003, I wrote
to you and had a telephone conference call with Mr. Vanderwold and Dolores
Otting. Your investigator Joe Fendrick
met me in early June, 2003, and visited the Sunbridge facility where he saw the
condemned HVAC (by OSHPD May 15, 2003). You
knew or should have known that equipment was condemned and a warning was issued
by its employee Chuck DeCapite on June 4, 2003, “The need for urgency was
discussed this date, NO EXCEPTIONS”. Jackie Lincer at the OC Dept of Health then knew
Richard Laga was dying from his gangrene in July, 2003, as even a citation was
issued. Yet you allowed Sun and it’s
scruge to fester until in October, 2003, when two more patients died and my
mother was fatally harmed by a “planted telephone message to withhold all
hypertensive mediations” from Dr Stoney. How do you think that makes me feel,
considering we were watching patients die in Newport Beach? This is not something easily forgotten. Why did you not wait for Dr Stoney’s
testimony in June, 2006, before settling with Sun for $2.5 Million in Sept 2005
which would have only handed you a victory against Sun in a contempt
proceeding? Citations were issued for
the deaths, can you tell me that the deaths I witnessed were not crimes? Your office ignored those citations. That is my simple question to your Mr.
Zahner, why?
I believe my correspondence has been
clear, that my main concern is the fact you ignored the State Injunction
against Sun which was obtained while Bill Lockyer was Attorney General. The State Injunction was dated 2001 and I
complained in 2003, so why did you not uphold the law in respect to the patients
I, and others, witnessed die in 2003?
Several agencies had cited Sun for broken equipment that caused deaths
to several people other than my mother.
I was witness to what amounted to Sun Healthcare Group Inc’s
crimes. You should have filed contempt
of court against Sun, instead you turned a blind eye. I need to understand why.
I do understand that HIPPA laws prevent
you discussing their individual cases with me.
HOWEVER you appear to be hiding behind HIPPA laws of protecting the
other victims. Why did you not ask the
various victims if they wanted to share and pool information so that we could
have presented a united front, instead of keeping each of us in the dark about
your decision making process –which defies credulity. There is not justification for your ignoring
the crimes I saw and which the other agencies documented with citations that
you continue to ignore.
I’ve asked you this before: Who was asleep at the helm of this Ship? Who needs to be replaced so that the citizens
of California get the protection we deserve?
Why do you let our government be cheated by allowing Sun and other
chains to fraudulently get Medicare and Medicaid reimbursement for rotten
medical services which are not in the patient’s ‘best interest’? Based on what I have read in the
ElderAbuseExposed.com blogs you are jeopardizing California’s entitlement to
Federal Medicare matching funds because instead of making sure that nursing
home medical care in the patient’s best interest, you ensure the chains ability
to prey on the patients and grift without fear.
BECAUSE the California DOJ-BMFEA allowed
Sun Heatlhcare to continue their crimes, Sun
merged with Peak Medical in 2005 and again with Harborside in 2008. This led to serious injuries to patients in
Oklahoma and at least one dehydration death in Kentucky resulting in a $42
Million jury award. That man never
received even a glass of water in the 9 days he resided in a Sun facility. (Something my poor mother suffered from
consistently in the last 10 months at Sunbridge Newport, coupled with U.T.I.s
she ended up with complete renal failure.)
This proves widespread fraud perpetrated by Sun which you allowed
happen.
I DO trust that the current AG will
investigate my claims and do her best to prevent further deaths like happened
in the Sun Healthcare matter. Because it
was a crime, 5 patients whom I knew died needlessly.
When asked why Horizon West Management
was not criminally charged, AG spokesman Lynda Gledhill said investigators
determined that the corporate owners were “very cooperative and took immediate
action when the situation came to light”.
How can I have confidence in you?
Lynda Geldhill’s answer proves my point.
You go after the low hanging fruit, the easy pickings, and you let the
real wrongdoers (the corporate chain owners) of the hook provided that they
turn on their employees viciously when a publicity spotlight compels you to
finally take some action. That is why I
think the AG’s new campaign against elder abuse will turn out to be just window
dressing and really a fraud on the public.
Please tell me why I’m wrong. It was shocking to read in your email that
you read every one of my many correspondence since you NEVER replied to me
–over all these years –before ElderAbuseExposed.com recently exposed your
avoidance of responsibilities.
I want to be wrong. And I still would like to meet you. I want answers. I’m a citizen and entitled to know why my
government is not doing it’s job.
Sincerely,
Deborah S. Calvert
cc;
Claude Vanderwold, Asst. Attorney General @ DOJ, Jackie Lincer, Head @
Orange County Dept of Health; ElderAbuseExposed.com; Joseph Fendrick, DOJ-BMFEA
Investigative Agent; AG Kamalla Harris
