THe Department of Justice is a Creative way of Distinguishing a power source of some widespread use. There are more Agencies making some confusion the norm but one Agency has had the Reins in terms of Investigating and Prosecuting the WHOLE story of what happened at the Kern Valley Healthcare District, in Mt. Mesa, California.
THE DOJ are wheeling and Dealing the CARDS for many pllayers and they are the Top doggies in California, Attorney General, Kamala Harris, the leader of the pack. Harris, elected to the office of AG in 2010, alongside fellow DEMoCrAT, Jerry Brown as he Sailed into th e Governor's Mansion.
Where is the Justice Mrs. Ms. or Miss Harris? Or..mister? lol Steve Muni, Lead Prose cuter, whose prose is Cuter than other lawyers? Muni, up against, DOnald ETra and William HOWARD GInsBURG for almost a year, then a sudden Downgrading of storm conditions, to Windy, an dblustey and pOOF, in come the Public Defender, Case ends, and they all plead out.
Wow, yawn, stretch.
Who the Hell knows as there is no satisfactory explanation for the JUDGEment oF Error RAther than selectively hearing the call to Duty.
I cannot Conceive that this Monicker, De Part ment of Just ice has no weight to throw around, therefore this IS the CA DOJ version of Throwing WEIGHT around...Hmm, who and What is gumming up the works?
So Pro bation, is a Merit of Acheivement, two Defendants, getting three years of HARD probation...?
IN fact, there are those out there who have done LESS to deserve a Good Slap on the Behind, and yet they receive this Disparity in Justice. They Suffer in a system of Incarceration, Selective. (Hmm. Very unfair, cruel in fact. Scales not even attempt the balance. )
Outwardly and openly Being CRUEL. This is a Bad state of the STate of CAlifornia Justice Dealers.
WHat a HOOT that no one Notices what is a Great Ruse pushed right in our FACES.
WHat is happening INSIDE the DOJ in California and Beyond? WHat has Gotten into them?
LOsing means there was NO True Acknowledgement, of Deeds so dire, and NO deconstruction of the Network that ALLowed this environment to exist. Un opposed for too long. A NEt Loss, is on the books of the DOJ.
Sorry, Can't Go with the flow on this.
It is fine that others agree to Disagree, but those who fell victim were helpless to this massive potential plot of NOTE.
I suggest, or hint, to you now, that there maybe a LINK In this chain, to other practices of a cowardly, self serving, agenda. A SYSTEm.
Yes, there would be no other reason as the reasons have repeatedly been stated on this blog. And else where. And in the back of minds, in the murmurs, in the acknowledgement of the Mingling money and Healthcare, MEDI-SiN is the result.
Power Corrupts, and the Corrupt are a MaJority. LOL In Case you Forgot to Acknowledge today.
INDUSTRIES:
Long Term Care benefits: (Quick list)
Born- Pediatric, vaccines, other INDOC tri nation.
TEen-Puberty pimples and Anti biotics, tonsils and appendix,
Tattoos, peircings,
Adult-Blood pressure, stroke, heart attack, cancer, eyesight, teeth or not, Vaccines for flues and and other UNkown or "human experiemental" Swine with their SWINE FLu and WEST NILE and queen of DENial, ETC.
ELderly Female, Grab out her Womanly GEar. Stop the HOT Flashes, tho they are Burning For some reason.
Male, UH, oh, both Viagara and Prostrate cancer up and down in the Erection Department. Control THe urge. Good one.
Finally, Plan for ALZHEIMERS we are being told.
THEn HospiCe, another way to bring Reimbursement on the scene of a life entering the DEATH industry.
From there, we enter into a FINAL round of DEATH Inducing, RITUALS, DRUGS, States of MInd, and a CONTROL finally taking it all.
YOUr Body leaves this COSTLY endeavor, and PROCEEDS On to a DEATH CAMP. lol
Yes, now you are TO LOOK as you are Now a Seperate entity, one MOVING To a BETTER PlACE, the Kingdom come of Heaven.
Religions NOw ARE BENEFICIARIES. no Matter which one, they are in the WELFARE lines, with their hands out.
While they POINT fingers at others, these UPPER WELFARE handout participants, no COnscienCE, takes from this system. But blames the little guy. Fakes it's own BUSTS, sudden a "billion is found" as Two duped sorts, get pinned in some FALSE JUSTICE for the sake of pacification. These are pacifiers, we SUCK them. lol
REALLY?
Then your body goes WHERE? Humm, this is a potentially Very horrifying truth or Dare. What is happening in these remote regions, where are bodies in bodies of water and other not so known Trivial Pursuit of Death.
Money and Death. Life Insurance. And all sorts of new ITEMS, new DEATH industry add ons, are in the works every where. CAskets and Baskets and Flowers, it's a BIG DREAM come true for many.
With that SAid and TRULY an expose on the whole industry, in a SNAP shot.
REMEMBER,
ANything GOES, folks, it is anything an dRun the hell away. It's not a pretty pic.
Don't Get TRAMPLED AS an exodus of some proportion Takes place. It has no victims it has only a way to GET out as fast as possible.
What happened with the DOJ?
THE world has CREATED enemies, that may or may not be, and this serves their own devices. BUT WHAT has the DOJ done?
Questions I have. I would really want to know. I"ll continue to pursue some feedback.
Persistance and Tenacity, requires a new chapter, a new beginning....
Showing posts with label William Howard Ginsburg. Show all posts
Showing posts with label William Howard Ginsburg. Show all posts
Tuesday, September 4, 2012
Wednesday, June 6, 2012
Dr. Pormir to be sentenced July 11th...and more
According to the Kern County Superior Court website, Dr. Hoshang Pormir, charged with eight counts of elder abuse plead no contest to one count of "conspiracy" last Friday, June 1st.
The eight counts of elder abuse were dismissed as Pormir has accepted the charge referred to in penal code, section 182 (a) (5): "To commit any act injurious to the public health, to public morals, or to pervert or obstruct justice, or the due administration of the laws."
Pormir is scheduled to return to court to be sentenced in the case on July 11th.
Conspiracy would mean there are partners in this crime, and as of yet, the California Department of Justice has been keeping a low profile-- which is odd as they used this very case to elevate one of their own several years ago.
Now in the "hands" of Attorney General Kamala Harris, the case has not seen much media attention or actually there are no press releases listed on her website either.
Since the new "tight-lipped" AG has not given out much information regarding the case, I guess it's time to speculate a bit here.
Kamala Harris California Attorney "in General"
There are three defendants in the elder abuse case, Pormir, former Kern Valley Healthcare District CEO, Pamela Ott and once director of nursing for the KVHD skilled nursing facility, Gwen Hughes.
As of now, Pormir is not scheduled for trial, and all information leads to the plea deal. The other two defendants remain on track for a trial later this month on June 25th. (we'll see)
But the legal code above really strikes me as something that could have been used to round up all the players at KVHD who allowed the residents of the skilled nursing center to suffer and possibly die due to alleged mistreatment, along with keeping it all quiet.
Also not addressed was the issue that employees attempted to bring the mismanagement problems to the surface. There were attempts to address the problem with under staffing the nursing center. But employees who chose to speak up were demeaned or fired or they quit due to pressure to conform.
I maintain that several of the board of directors and administrators were part of a cover up which lead to unsafe conditions for residents of the SNF. I have many different kinds of evidence to prove this: documents-witnesses-audio-video--but I guess that's just not good enough for the AG is who is the leader of bringing justice to all-- and, me, I'm just one of the pack. (sarcasm)
http://www2.mbc.ca.gov/LicenseLookupSystem/PhysicianSurgeon/document.aspx?path=\DIDOCS\20110815\DMRAAADE2\&did=AAADE110815170725193.DID&licenseType=A&licenseNumber=49827
State Medical "Bored"
Something interesting happened last year as the leaders of keeping California residents safe from harm as they get medical care, the State Medical Board, also had a chance to weigh in on the problems Dr. Pormir had in the skilled nursing facility.
Once again, Pormir signed off and will take the penalty set forth by our Medical Board: Two years probation- a "how not to kill your patients" 40 hour catch me up class and finally he can never have a "solo" medical practice again. (read document above for specific information)
How this penalty fits in with the conspiracy charge remains to be seen, but the doctor has had some help along the way since he was charged with elder abuse on Feb. 17, 2009.
Pormir's team...
His first round of help along with Pamela Ott, came from three KVHD board members, and they voted to allow both defendants $25,000 each to help defend themselves. Hughes and a former defendant were refused assistance with their criminal matters via the board of directors.
Pormir must have gotten excited as after a year, he was in the company of some big time attorneys.
Donald Etra, a visitor to the George W. Bush Whitehouse sleep over, and former pal of Ralph Nader, took over the case in 2010.
Etra's sidekick was none other than Monica Lewinsky's (Former President Bill Clinton's paramour) William H. Ginsburg.
The two famous attorneys were in our town for a sweep of information at one point, talking to Pormir's old chums, but they avoided me. Why? Too much truth? They did however leave with documents and other goodies which they cajoled from people who were impressed by their position.
So, Pormir was defended by Ginsburg in his dealings with the state Medical Board.
I suppose for the good doctor that was money well spent, as the Medical Board document allows Pormir to continue his medical career with some slight reservations such as not being able to have his own practice and a "refresher" class. There is also a section of that deal that indicates his admission of something or another cannot be used in a civil case. I don't know how true it is and will ask once I get some answers.
But unlike Ginsburg, Etra left, and Pormir was given a public defender. The current attorney on his case is Fred Gagliardini, "I defendem" and he has brought home a plea deal we are anxiously awaiting hearing about.
Or did he? (Gagliardini has been sent a request for information on the deal)
Did Etra make a deal for Pormir prior to his departure?
The last time I was in court, Etra, Ott's former attorney Jim Faulkner, Hughes' former attorney Bruce Blythe, all piled into a car together after court. Etra was even fetching the former CEO who was not his client, for court. (See youtube video as I was sitting in my car with my camera in front of the legal Beagles white Mercedes Benz, license plate number...)
It was a legal gang bang and after it was over, all the defendants were given public defenders.
Oh, I was given something too: a legal way to keep me out of the courtroom.
I would like to mention the cute little move on the part of all parties including the DOJ lead attorney, Steve Muni.
Due to my issue with telling the truth I always got permission before I went into a courtroom with my camera.
On this day, I did not film as the morning session was moved to the afternoon. I got some lunch and headed back to court. As I sat on the bench outside the courtroom, two guards (not one) grabbed my camera and told me I had to get out or take the camera out.
I was told I had taken video illegally. Of course I knew I had not taken any video, so I made a bit of a fuss, even writing to the judge himself.
When I got into the courtroom I could feel the collusion all around me. The attorneys, including Captain Etra, all had self satisfied grins on their faces. Then the judge called my name. "Moi?"
I stood up and listened intently, though I could barely hear, as the judge explained to me that I had taken illegal video earlier that day. There was no opening for me to "defend" myself. I sat back down.
Moments later, the same happy grin was on the DOJ as I was asked to stand up again.
The judge and the DOJ made the statement that I would be a witness in the penalty phase of the case and therefore...I could NOT be in the courtroom. Aren't they clever?
No, not really clever...
There isn't much being said in the community or anywhere else for that matter about the wonderful job the DOJ has done in bringing justice and positive change to our community that was hit by these horrible events more than five years ago.
I'm sure if this was a big media event we would be hearing from the DOJ or Miss Harris, but this may just be something they would rather "get over with" and move on to something that will play better in the morning newspaper.
The facts are all up on this blog, no need to go far to find some truth.
We had board members, Bob Jamison, Bradley Armstrong, and Barbara Casas in overt Brown Act violations which are included in emails, and other documents, (later even on film--look up) working together to keep the problems at the hospital out of the media spotlight.
Well, that is if you don't include board member, Bob Jamison's defense of defendant Pam Ott on his radio program in 2007. Or even his attacks on me on his blog which were apparently okay with the ABC radio affiliate, it's business name posted under each nasty message.
Conspiracy, you bet!
Collusion is what it takes to get your irons out of a fire I'm personally trying to put out. There has been NOTHING but lies and deceit amongst people who are elected or hired to do their due diligence.
The reason I'm still doing this is because I care about the families who had to endure such inhumane treatment in the course of finding out what had happened to their loved ones in the skilled nursing facility. I'm here because I do believe in fair play and the truth, two things slipping away from those in power.
Finally, these players are still playing and thanks to Facebook, I got a chance to verify it for myself. In the photo below, board member, Bob Jamison, and former board member, JoAnne Jones, fawn over Ott on Facebook over this past new year.
Again, as I said before, we will likely not see legal justice as it appears to be "just us." But don't count me out, hell, I'm just warming up...
More on Pormir as information becomes available...
Also, there is a Kern Valley Healthcare District board of directors meeting tonight at 5:30 pm in the cafeteria at the hospital.
The eight counts of elder abuse were dismissed as Pormir has accepted the charge referred to in penal code, section 182 (a) (5): "To commit any act injurious to the public health, to public morals, or to pervert or obstruct justice, or the due administration of the laws."
Pormir is scheduled to return to court to be sentenced in the case on July 11th.
Conspiracy would mean there are partners in this crime, and as of yet, the California Department of Justice has been keeping a low profile-- which is odd as they used this very case to elevate one of their own several years ago.
Now in the "hands" of Attorney General Kamala Harris, the case has not seen much media attention or actually there are no press releases listed on her website either.
Since the new "tight-lipped" AG has not given out much information regarding the case, I guess it's time to speculate a bit here.
There are three defendants in the elder abuse case, Pormir, former Kern Valley Healthcare District CEO, Pamela Ott and once director of nursing for the KVHD skilled nursing facility, Gwen Hughes.
As of now, Pormir is not scheduled for trial, and all information leads to the plea deal. The other two defendants remain on track for a trial later this month on June 25th. (we'll see)
But the legal code above really strikes me as something that could have been used to round up all the players at KVHD who allowed the residents of the skilled nursing center to suffer and possibly die due to alleged mistreatment, along with keeping it all quiet.
"...any person who actively participates in any criminal street gang, as defined in subdivision (f) of section 186.22, with knowledge that it's members engage in or have engaged in a pattern of criminal gang activity..."We tend to prejudice ourselves and think that street gangs are "the" real threat: How about people in positions of trust who lie? Who can lie when people have died in their care. These are the people really taking down America right now. The people with their hands in the cookie jar who want to have a position of power and access to the benefits of that position--but none of the responsibility.
Also not addressed was the issue that employees attempted to bring the mismanagement problems to the surface. There were attempts to address the problem with under staffing the nursing center. But employees who chose to speak up were demeaned or fired or they quit due to pressure to conform.
I maintain that several of the board of directors and administrators were part of a cover up which lead to unsafe conditions for residents of the SNF. I have many different kinds of evidence to prove this: documents-witnesses-audio-video--but I guess that's just not good enough for the AG is who is the leader of bringing justice to all-- and, me, I'm just one of the pack. (sarcasm)
State Medical "Bored"
Something interesting happened last year as the leaders of keeping California residents safe from harm as they get medical care, the State Medical Board, also had a chance to weigh in on the problems Dr. Pormir had in the skilled nursing facility.
Once again, Pormir signed off and will take the penalty set forth by our Medical Board: Two years probation- a "how not to kill your patients" 40 hour catch me up class and finally he can never have a "solo" medical practice again. (read document above for specific information)
How this penalty fits in with the conspiracy charge remains to be seen, but the doctor has had some help along the way since he was charged with elder abuse on Feb. 17, 2009.
Pormir's team...
His first round of help along with Pamela Ott, came from three KVHD board members, and they voted to allow both defendants $25,000 each to help defend themselves. Hughes and a former defendant were refused assistance with their criminal matters via the board of directors.
Pormir must have gotten excited as after a year, he was in the company of some big time attorneys.
Donald Etra, a visitor to the George W. Bush Whitehouse sleep over, and former pal of Ralph Nader, took over the case in 2010.
Etra's sidekick was none other than Monica Lewinsky's (Former President Bill Clinton's paramour) William H. Ginsburg.
The two famous attorneys were in our town for a sweep of information at one point, talking to Pormir's old chums, but they avoided me. Why? Too much truth? They did however leave with documents and other goodies which they cajoled from people who were impressed by their position.
So, Pormir was defended by Ginsburg in his dealings with the state Medical Board.
I suppose for the good doctor that was money well spent, as the Medical Board document allows Pormir to continue his medical career with some slight reservations such as not being able to have his own practice and a "refresher" class. There is also a section of that deal that indicates his admission of something or another cannot be used in a civil case. I don't know how true it is and will ask once I get some answers.
But unlike Ginsburg, Etra left, and Pormir was given a public defender. The current attorney on his case is Fred Gagliardini, "I defendem" and he has brought home a plea deal we are anxiously awaiting hearing about.
Or did he? (Gagliardini has been sent a request for information on the deal)
Did Etra make a deal for Pormir prior to his departure?
The last time I was in court, Etra, Ott's former attorney Jim Faulkner, Hughes' former attorney Bruce Blythe, all piled into a car together after court. Etra was even fetching the former CEO who was not his client, for court. (See youtube video as I was sitting in my car with my camera in front of the legal Beagles white Mercedes Benz, license plate number...)
It was a legal gang bang and after it was over, all the defendants were given public defenders.
Oh, I was given something too: a legal way to keep me out of the courtroom.
I would like to mention the cute little move on the part of all parties including the DOJ lead attorney, Steve Muni.
Due to my issue with telling the truth I always got permission before I went into a courtroom with my camera.
On this day, I did not film as the morning session was moved to the afternoon. I got some lunch and headed back to court. As I sat on the bench outside the courtroom, two guards (not one) grabbed my camera and told me I had to get out or take the camera out.
I was told I had taken video illegally. Of course I knew I had not taken any video, so I made a bit of a fuss, even writing to the judge himself.
When I got into the courtroom I could feel the collusion all around me. The attorneys, including Captain Etra, all had self satisfied grins on their faces. Then the judge called my name. "Moi?"
I stood up and listened intently, though I could barely hear, as the judge explained to me that I had taken illegal video earlier that day. There was no opening for me to "defend" myself. I sat back down.
Moments later, the same happy grin was on the DOJ as I was asked to stand up again.
The judge and the DOJ made the statement that I would be a witness in the penalty phase of the case and therefore...I could NOT be in the courtroom. Aren't they clever?
No, not really clever...
There isn't much being said in the community or anywhere else for that matter about the wonderful job the DOJ has done in bringing justice and positive change to our community that was hit by these horrible events more than five years ago.
I'm sure if this was a big media event we would be hearing from the DOJ or Miss Harris, but this may just be something they would rather "get over with" and move on to something that will play better in the morning newspaper.
The facts are all up on this blog, no need to go far to find some truth.
We had board members, Bob Jamison, Bradley Armstrong, and Barbara Casas in overt Brown Act violations which are included in emails, and other documents, (later even on film--look up) working together to keep the problems at the hospital out of the media spotlight.
Well, that is if you don't include board member, Bob Jamison's defense of defendant Pam Ott on his radio program in 2007. Or even his attacks on me on his blog which were apparently okay with the ABC radio affiliate, it's business name posted under each nasty message.
Conspiracy, you bet!
Collusion is what it takes to get your irons out of a fire I'm personally trying to put out. There has been NOTHING but lies and deceit amongst people who are elected or hired to do their due diligence.
The reason I'm still doing this is because I care about the families who had to endure such inhumane treatment in the course of finding out what had happened to their loved ones in the skilled nursing facility. I'm here because I do believe in fair play and the truth, two things slipping away from those in power.
Finally, these players are still playing and thanks to Facebook, I got a chance to verify it for myself. In the photo below, board member, Bob Jamison, and former board member, JoAnne Jones, fawn over Ott on Facebook over this past new year.
Again, as I said before, we will likely not see legal justice as it appears to be "just us." But don't count me out, hell, I'm just warming up...
More on Pormir as information becomes available...
Also, there is a Kern Valley Healthcare District board of directors meeting tonight at 5:30 pm in the cafeteria at the hospital.
Tuesday, June 5, 2012
Dr. Hoshang Pormir pleads out of elder abuse charges...
June 5, 2012
There is something in the air and it doesn't smell like flowers. Apparently on Friday June 1st, the state of California, decided to give elder abuse charged, Dr. Hoshang Pormir, a way out of a trial which was scheduled later this month.
Pormir, and co-defendants former Kern Valley Healthcare District CEO, Pamela Ott and DON, Gwen Hughes, were scheduled to stand trial on allegations of elder abuse on June 25th of this month.
However, it appears initially that Pormir has plead no contest to a "conspiracy" charge and all other elder abuse charges have been dropped, according to the Kern County Superior court website.
But why so quiet?
If you will look at the pic to the right you will see that the charge the doctor plead out on begins with the sentence, "If two or more persons conspire..."
As of today, there are no indications that the other defendants have been given this same opportunity, but this still does not account for the idea of conspiracy. We will need to wait as I expect there will be more information coming out shortly. Or if it doesn't we may have to go and get it to come out.
There is no question that conspiracy charges could be given all around at KVHD for many reasons, but this is a mystery as of now.
There is something in the air and it doesn't smell like flowers. Apparently on Friday June 1st, the state of California, decided to give elder abuse charged, Dr. Hoshang Pormir, a way out of a trial which was scheduled later this month.
However, it appears initially that Pormir has plead no contest to a "conspiracy" charge and all other elder abuse charges have been dropped, according to the Kern County Superior court website.
But why so quiet?
If you will look at the pic to the right you will see that the charge the doctor plead out on begins with the sentence, "If two or more persons conspire..."
As of today, there are no indications that the other defendants have been given this same opportunity, but this still does not account for the idea of conspiracy. We will need to wait as I expect there will be more information coming out shortly. Or if it doesn't we may have to go and get it to come out.
There is no question that conspiracy charges could be given all around at KVHD for many reasons, but this is a mystery as of now.
Monday, September 19, 2011
KVHD News: State Medical board rules on Dr. Hoshang Pormir
The State Medical Board in action
According to the Medical board of California, former Kern Valley Healthcare District physician, Dr. Hoshang Pormir, currently charged in the hospital's elder abuse case, has had a ruling in his case with the state's investigation into negligence involved with the nursing center at the rural hospital during 2006 and 2007.
Documents from the Medical Board show that Pormir has been given two years probation and limits on his scope of practice such as having a "solo practice" or working with the elderly, were amongst his limitations.
http://www2.mbc.ca.gov/LicenseLookupSystem/PhysicianSurgeon/document.aspx?path=\DIDOCS\20110815\DMRAAADE2\&did=AAADE110815170725193.DID&licenseType=A&licenseNumber=49827
What about the elder abuse trial?
With the quietly revealed probation and restrictions on one of the three defendants in the KVHD elder abuse case, we still have a trial date for March 12, 2012, at the Kern County Superior court.
Not that a plea bargain can't be reached, as they sometimes wait until the very last moment to cut a deal and avoid a trial which could be a greater risk than taking a lesser sentence.
As of the last reports, Dr. Pormir, along with fellow defendants, former KVHD CEO, Pamela Ott, and the former Director of Nursing, Gwen Hughes, still face criminal charges as well as civil cases waiting in the wings as this case may be overshadowed by new cases coming to light out of the public healthcare district.
With a growing list of cases against the hospital in civil court, and several cases emanating from the skilled nursing facility mismanagement, KVHD faces great financial losses in the coming months and years, which could turn out to be the death knell for the ailing hospital.
The community has recently been alerted that the first thing on KVHD's list of "stratragic" planning which was revealed at a special meeting so the community to join in, has a new tax measure at the top of the list.
More vanilla ice cream and a community that is expected to pull the hospital out of debt, which may be impossible with the upcoming legal cases. A letter to the editor of the Kern Valley Sun Newspaper from a former KVHD backer, and a long time volunteer, was turned down by the hospital as she fell after a meeting and broke her teeth.
The angry sounding letter, seemed more disappointed than anything else, but it seems the hospital can dish it out, but won't pay for it, and according to the author, asked that her dentist give a discount.
With the hospital unable to make its monthly payments to debt insurer, Cal Mtg., they stagger on with ideas which would have worked years ago, but with no circumspection, the hospital faces major hurdles, and one of which is convincing unhappy customers to come back to a hospital which cannot provide worthy or adequate healthcare. And then pay some more property taxes too.
Who is William H. Ginsburg?
After a few reactions to the Medical boards' decision with Dr. Pormir, most were shocked by the seemingly "light penalty" which includes a 40 hour course and payment for the classes.
But Dr. Pormir, who has had several different attorneys since the elder abuse charges were brought against him, one being Donald Etra, somewhat famous for his work with celebrities, and his visit with George Bush in the White House.
However, the attorney who is listed as handling the Medical board case, is William Howard Ginsburg, someone sounding familiar, but most don't remember that a young, Monica Lewinsky, and a President, Ginsburg was handling Lewinsky.
These are big attorneys who have been around and know the right people, and so far, this is the first of the cases being handled by the state agency, Consumer rights, Nursing board, so there will be more information to come soon.
Dr. Pormir still has some mountains to climb, but it seems he is being helped by some top notch attorneys, though he has recently had to change to another attorney, financial problems being the reason, he still must face elder abuse charges.
Hughes was first to bankrupt, as the hospital's liability insurance does not cover criminal matters, and then Pormir and Ott claimed hardship and have been assigned attorneys by the court, while Hughes has a public defender.
With money short for years at KVHD, since the late 1980's when they failed to complete an expansion, and have had an anchor around their credit for 22 plus years. However, the actual costs will never be accounted for in anyway, be it the patients who were mistreated or harmed, the suspicious deaths, the management company costs, the losses to overpriced contractors, the contract with debt insurer Cal Mtg. which keeps costing more and doing nothing.
Why did HFS come in to help with a default, chosen by KVHD CFO, Chet Beedle, and then they are not finished with the job, because as board member, Dr. Gross DO, claimed they left "giant holes" in the report which were corrected by the CFO in the finance committee? What was the point of spending more, as these pennies have added up to millions, and this debt is owned by the community.
You do have power but you have to care
But there are several things this community could do to take back this hospital district and we will discuss this shortly.
We could vote a tax for the hospital, but then they haven't exactly helped us, so that may not be the answer. We don't know where the money goes, the community had to catch a 75K error: what's wrong with that picture?
We could also vote out the whole district and start over. We could also vote to take our tax money back from the district until they clean out the parasitic practices and conflict of interest.
There's oversight that the county of Kern could have sent in a long time ago, assigned someone to the hospital. No, we have seen no action on the part of the county or it's representatives to shift control so that there is transparency finally forced on the part of KVHD and it's partner, Cal Mtg.
What do you want to do? Class action lawsuit? Bring in the feds to use the much underused, ROC laws, also known as the "should have known" laws. This would bring the mice out of the woodwork, the employees too frightened to lose their jobs would have to speak up or be charged as they "should have known."
Just a thought, what about you, have any thoughts?
According to the Medical board of California, former Kern Valley Healthcare District physician, Dr. Hoshang Pormir, currently charged in the hospital's elder abuse case, has had a ruling in his case with the state's investigation into negligence involved with the nursing center at the rural hospital during 2006 and 2007.
Documents from the Medical Board show that Pormir has been given two years probation and limits on his scope of practice such as having a "solo practice" or working with the elderly, were amongst his limitations.
http://www2.mbc.ca.gov/LicenseLookupSystem/PhysicianSurgeon/document.aspx?path=\DIDOCS\20110815\DMRAAADE2\&did=AAADE110815170725193.DID&licenseType=A&licenseNumber=49827
What about the elder abuse trial?
With the quietly revealed probation and restrictions on one of the three defendants in the KVHD elder abuse case, we still have a trial date for March 12, 2012, at the Kern County Superior court.
Not that a plea bargain can't be reached, as they sometimes wait until the very last moment to cut a deal and avoid a trial which could be a greater risk than taking a lesser sentence.
As of the last reports, Dr. Pormir, along with fellow defendants, former KVHD CEO, Pamela Ott, and the former Director of Nursing, Gwen Hughes, still face criminal charges as well as civil cases waiting in the wings as this case may be overshadowed by new cases coming to light out of the public healthcare district.
With a growing list of cases against the hospital in civil court, and several cases emanating from the skilled nursing facility mismanagement, KVHD faces great financial losses in the coming months and years, which could turn out to be the death knell for the ailing hospital.
The community has recently been alerted that the first thing on KVHD's list of "stratragic" planning which was revealed at a special meeting so the community to join in, has a new tax measure at the top of the list.
More vanilla ice cream and a community that is expected to pull the hospital out of debt, which may be impossible with the upcoming legal cases. A letter to the editor of the Kern Valley Sun Newspaper from a former KVHD backer, and a long time volunteer, was turned down by the hospital as she fell after a meeting and broke her teeth.
The angry sounding letter, seemed more disappointed than anything else, but it seems the hospital can dish it out, but won't pay for it, and according to the author, asked that her dentist give a discount.
With the hospital unable to make its monthly payments to debt insurer, Cal Mtg., they stagger on with ideas which would have worked years ago, but with no circumspection, the hospital faces major hurdles, and one of which is convincing unhappy customers to come back to a hospital which cannot provide worthy or adequate healthcare. And then pay some more property taxes too.
Who is William H. Ginsburg?
After a few reactions to the Medical boards' decision with Dr. Pormir, most were shocked by the seemingly "light penalty" which includes a 40 hour course and payment for the classes.
But Dr. Pormir, who has had several different attorneys since the elder abuse charges were brought against him, one being Donald Etra, somewhat famous for his work with celebrities, and his visit with George Bush in the White House.
However, the attorney who is listed as handling the Medical board case, is William Howard Ginsburg, someone sounding familiar, but most don't remember that a young, Monica Lewinsky, and a President, Ginsburg was handling Lewinsky.
These are big attorneys who have been around and know the right people, and so far, this is the first of the cases being handled by the state agency, Consumer rights, Nursing board, so there will be more information to come soon.
Dr. Pormir still has some mountains to climb, but it seems he is being helped by some top notch attorneys, though he has recently had to change to another attorney, financial problems being the reason, he still must face elder abuse charges.
Hughes was first to bankrupt, as the hospital's liability insurance does not cover criminal matters, and then Pormir and Ott claimed hardship and have been assigned attorneys by the court, while Hughes has a public defender.
With money short for years at KVHD, since the late 1980's when they failed to complete an expansion, and have had an anchor around their credit for 22 plus years. However, the actual costs will never be accounted for in anyway, be it the patients who were mistreated or harmed, the suspicious deaths, the management company costs, the losses to overpriced contractors, the contract with debt insurer Cal Mtg. which keeps costing more and doing nothing.
Why did HFS come in to help with a default, chosen by KVHD CFO, Chet Beedle, and then they are not finished with the job, because as board member, Dr. Gross DO, claimed they left "giant holes" in the report which were corrected by the CFO in the finance committee? What was the point of spending more, as these pennies have added up to millions, and this debt is owned by the community.
You do have power but you have to care
But there are several things this community could do to take back this hospital district and we will discuss this shortly.
We could vote a tax for the hospital, but then they haven't exactly helped us, so that may not be the answer. We don't know where the money goes, the community had to catch a 75K error: what's wrong with that picture?
We could also vote out the whole district and start over. We could also vote to take our tax money back from the district until they clean out the parasitic practices and conflict of interest.
There's oversight that the county of Kern could have sent in a long time ago, assigned someone to the hospital. No, we have seen no action on the part of the county or it's representatives to shift control so that there is transparency finally forced on the part of KVHD and it's partner, Cal Mtg.
What do you want to do? Class action lawsuit? Bring in the feds to use the much underused, ROC laws, also known as the "should have known" laws. This would bring the mice out of the woodwork, the employees too frightened to lose their jobs would have to speak up or be charged as they "should have known."
Just a thought, what about you, have any thoughts?
Sunday, August 15, 2010
Kern Valley Healthcare District Elder abuse case returns to court today, Oct. 15
Elder abuse case resumes
The somewhat political and infamous elder abuse case against a CEO, Skilled nursing Director, and the Director of Nursing, at the Kern Valley healthcare district, begins again today, Friday, Oct. 15, 2010 as the defendants will be "answering to the charges."
I'm calling the case political in the sense that we have had our California Attorney General, Jerry Brown, on TV, calling this case the worst he had ever seen. This was right on the heel of his announcement he was running for governor, and he used this case to get attention.
Well you got my attention Mr. Brown.
And certainly the small town aspect where many who have ties to the hospital financially, socially, or as a patient, have divided and still to this day have not shown the character to stand up and say "that's enough."
After an interesting preliminary hearing, not that I heard much, as they marched me out of there as quickly as possible. They used a double attack, one against my media release, and second they said I could potentially be a witness.
I'm not potentially a witness, I am a witness, there's a difference. I am only potential in the sense of the court case itself, but the rest is the "true story" of what I KNOW happened.
The DOJ or as I call them "dodge" the truth
The moment I left court in August during the preliminary hearing I felt a plea deal coming on. I could understand why former KVHD CEO, Pamela Ott would not want to have to face the emails and her phony resume, and many of the other crumbs left behind on her trail of deceit.
So, in an effort to gain more understanding, I sent off some questions to "Dodge the truth" and here are the responses.
Would it be fair to say the preliminary hearing is concluded? Or is it underway until it's a trial? The preliminary hearing is over.
If the court has found sufficient evidence to proceed to trial, then is "assured" that there will be a trial? Nothing is assured. The defendants could always plead guilty to the entire information, or plead guilty to some portion of it through a plea agreement.
If the case goes to a grand jury, the prosecutor puts on witnesses and information before the grand jury, who tests the evidence and, if it feels it warranted, issues the indictment.
If the case starts by way of a complaint, the court must hold a preliminary hearing, in which the prosecutor puts on (some) witnesses in front of the judge, who tests the information, and if he or she believes that the evidence is present, the judge "holds the defendant to answer" for trial in the Superior Court. (In the past, all of this was done in the Municipal Court.) The prosecutor then files an "information" based on the counts that the judge in the preliminary hearing "held the defendant to answer for", (and any other evidence that comes out in the preliminary examination relating to crimes not formally charged in the original complaint), and the case is then set for arraignment on the "information" and at that time the defendants enter new pleas (of guilty or not guilty) and the case is then set for trial.
The second arraignment is required by law. A felony case may not proceed to a jury trial unless the evidence has first been tested, either by a grand jury or by a judge, and the evidence is found to be good enough to deserve a jury trial. This is to protect a criminal defendant from having to defend him or herself in a felony jury trial against bogus or worthless evidence.
(Note: this is the procedure for felonies. Misdemeanors don't require either a preliminary hearing or a grand jury indictment.)
Can the prosecution use any witnesses not in discovery during the preliminary period?
The prosecution can use any witness it deems appropriate during the trial, subject to evidential requirements and rules of evidence.
The Press Office does not have plans to issue a press release at this time.
Thank you
The attorney's for the defense Donald Etra and William H Ginsburg
These two lawyers are the wild cards of this whole small time criminal case. Etra, who was an attorney for Ralph Nader and a guest at the White house during the George W. era, replaced the attorney for Dr. Hoshang Pormir last April.
Ginsburg's past is in no way less interesting, he was the attorney for "Monica Lewinsky" during the Clinton era, where we spent millions on attorney fees to do absolutely nothing.
Because of their presence in the case, Etra handling the criminal aspect, and Ginsburg handling licensing issues for Dr. Pormir, I can foresee the greater potential for a plea deal. Does the DOJ really have what it takes to go up against these two attorneys?
But at one point, and it is on my Youtube site, all of the defense attorneys appeared to be working together as they left in the same vehicle, not knowing I was in front with my camera like the paparazzi.
I also found out that these two attorneys came through our town and picked up records and were looking for information and references for their client, Pormir.
We will know later this morning what the outcome will be today, or if the defense wants a fight for their "innocent" clients, or the state wants to get out of this as fast as they can, as Mr. Brown, doesn't want to feed his gubernatorial rival a lobster dinner on the eve of the election.
Update later...
The somewhat political and infamous elder abuse case against a CEO, Skilled nursing Director, and the Director of Nursing, at the Kern Valley healthcare district, begins again today, Friday, Oct. 15, 2010 as the defendants will be "answering to the charges."
I'm calling the case political in the sense that we have had our California Attorney General, Jerry Brown, on TV, calling this case the worst he had ever seen. This was right on the heel of his announcement he was running for governor, and he used this case to get attention.
Well you got my attention Mr. Brown.
And certainly the small town aspect where many who have ties to the hospital financially, socially, or as a patient, have divided and still to this day have not shown the character to stand up and say "that's enough."
After an interesting preliminary hearing, not that I heard much, as they marched me out of there as quickly as possible. They used a double attack, one against my media release, and second they said I could potentially be a witness.
I'm not potentially a witness, I am a witness, there's a difference. I am only potential in the sense of the court case itself, but the rest is the "true story" of what I KNOW happened.
The DOJ or as I call them "dodge" the truth
The moment I left court in August during the preliminary hearing I felt a plea deal coming on. I could understand why former KVHD CEO, Pamela Ott would not want to have to face the emails and her phony resume, and many of the other crumbs left behind on her trail of deceit.
So, in an effort to gain more understanding, I sent off some questions to "Dodge the truth" and here are the responses.
(Oddly, I just went up to get a cup of coffee as I am deciding whether or not to go to court today, and as I was at the counter stirring in my creamer, I looked to the left and there was the state's main witness. (synchronicity of events once again)
We chatted for a few minutes and I reminded her today is the day the gang gets into court to begin the process for trial or more likely a plea deal.)
Would it be fair to say the preliminary hearing is concluded? Or is it underway until it's a trial? The preliminary hearing is over.
If the court has found sufficient evidence to proceed to trial, then is "assured" that there will be a trial? Nothing is assured. The defendants could always plead guilty to the entire information, or plead guilty to some portion of it through a plea agreement.
For instance, what kind of arraignment, we've already had one, what is this accomplishing?
Before, the defendants were arraigned on a "complaint". Now they will be arraigned on an "information". In California law, a defendant is charged with a crime one of two ways--either through a grand jury indictment, (in which case one goes straight to trial), or by a "complaint" filed by the prosecuting attorney. (Before 2000, this was done in the Municipal Court, but in 2000, the Municipal Court was merged into the Superior Court, so it all takes place in the same court.)
If the case goes to a grand jury, the prosecutor puts on witnesses and information before the grand jury, who tests the evidence and, if it feels it warranted, issues the indictment.
If the case starts by way of a complaint, the court must hold a preliminary hearing, in which the prosecutor puts on (some) witnesses in front of the judge, who tests the information, and if he or she believes that the evidence is present, the judge "holds the defendant to answer" for trial in the Superior Court. (In the past, all of this was done in the Municipal Court.) The prosecutor then files an "information" based on the counts that the judge in the preliminary hearing "held the defendant to answer for", (and any other evidence that comes out in the preliminary examination relating to crimes not formally charged in the original complaint), and the case is then set for arraignment on the "information" and at that time the defendants enter new pleas (of guilty or not guilty) and the case is then set for trial.
The second arraignment is required by law. A felony case may not proceed to a jury trial unless the evidence has first been tested, either by a grand jury or by a judge, and the evidence is found to be good enough to deserve a jury trial. This is to protect a criminal defendant from having to defend him or herself in a felony jury trial against bogus or worthless evidence.
(Note: this is the procedure for felonies. Misdemeanors don't require either a preliminary hearing or a grand jury indictment.)
If there is a trial what is the expected period before this takes place? Generally you never know, I know, but a guess, like a year? Will it be a trial by jury?
The jury trial will probably be set for sometime in the late spring. It doesn't have to be a jury--either side is guaranteed the right to a trial by jury--that's part of our Bill of Rights. But the defendants can waive that if they want to.
How many more hoops until the trial begins? Meaning what are the steps, or potential, common steps?
Prior to a jury trial there will likely be numerous motions. For example, the defendants may file a motion to set aside the judge's ruling to hold the defendants to answer, on the grounds that the judge made a mistake and that the evidence is NOT sufficient to deserve taking the defendants to a jury trial.
Can the DOJ add others or charge others regarding the same case? If say, some new evidence was revealed that others were involved?
The Department of Justice can always charge additional defendants if it discovers new evidence, subject to the statute of limitations.
Are any of the defendants still working, or using their license? If it takes a year to go to trial will any of the defendants still be allowed to work and which ones?
We are unaware of the defendants' employment status. Licensing actions against all the defendants are pending before their appropriate licensing boards.
How many witnesses were called by the state during the preliminary hearing? How many testified?
Three witnesses were called by the state during the preliminary hearing, and all three testified. They were the whistleblower, Licensed Vocational Nurse Holly Lightner, the DOJ medical consultant, Dr. Kathryn Locatell, and the BMFEA investigator, DOJ Special Agent Donny Fong. The defense called no witnesses.
The prosecution can use any witness it deems appropriate during the trial, subject to evidential requirements and rules of evidence.
Will the DOJ send out a press release any time soon?
The Press Office does not have plans to issue a press release at this time.
Thank you
(the fact that they aren't sending out a press release when my email box is full of "Brown" cases, I can only speculate that they don't have confidence or they want to bury this case as a mistake. So, expect something interesting today. But remember, this whole case stems from trying to hide and bury the truth, so I guess why should we end on a different note?)
The attorney's for the defense Donald Etra and William H Ginsburg
These two lawyers are the wild cards of this whole small time criminal case. Etra, who was an attorney for Ralph Nader and a guest at the White house during the George W. era, replaced the attorney for Dr. Hoshang Pormir last April.
Ginsburg's past is in no way less interesting, he was the attorney for "Monica Lewinsky" during the Clinton era, where we spent millions on attorney fees to do absolutely nothing.
Because of their presence in the case, Etra handling the criminal aspect, and Ginsburg handling licensing issues for Dr. Pormir, I can foresee the greater potential for a plea deal. Does the DOJ really have what it takes to go up against these two attorneys?
But at one point, and it is on my Youtube site, all of the defense attorneys appeared to be working together as they left in the same vehicle, not knowing I was in front with my camera like the paparazzi.
I also found out that these two attorneys came through our town and picked up records and were looking for information and references for their client, Pormir.
We will know later this morning what the outcome will be today, or if the defense wants a fight for their "innocent" clients, or the state wants to get out of this as fast as they can, as Mr. Brown, doesn't want to feed his gubernatorial rival a lobster dinner on the eve of the election.
Update later...
Wednesday, June 9, 2010
Two pharmaceutical companies facing charges of supporting off label prescribing: for the elderly
(review the case is a week away now)
Less than two months away from the elder abuse criminal case against three Kern Valley Healthcare District employees, California Attorney General Edmund G. Brown Jr., "Jerry Brown" announced just today that California is part of a 520 million dollar settlement against a London based company for promoting off label use of "Seroquel" an anti-psychotic drug, in the elderly with dementia and Alzheimers.
AstraZeneca is accused of encouraging the use of these antipsychotics in the aged and elderly, not approved by the FDA. The years that these practices were supposedly in effect were from 2001 to 2006.
(Gee, that 2006 number certainly stands out, as the KVHD elder abuse case revolves around the use of antipsychotics on it's elderly patients which may have lead to an increase morbidity rate.)
The Wall Street Journal reported last month that Abbott Laboratories was doing the same thing with it's liver munching, all around player, Depakote. The use of this drug in the elderly is not approved by the FDA and off label prescribing was encouraged, say federal officials who are on this case.
The timing couldn't be better for a defense
With two large companies under the microscope right now for promoting the utilization of antipsychotics like risperdal, Seroquel, Depakote, for use on combative elderly patients, as these are used more for mood adjustments.
But the side effects are great and the older the person the more likely damage could occur and many safeguards would have to be put in place to ensure the drugs were monitored.
As we know the nursing home business isn't making people rich, and some are barely staffed, so many short cuts are taken to provide care even though the laws state that such treatment is both lacking in dignity and sometimes harmful.
Putting patients who are active, yet not quite coherent, on antipsychotics is called chemical restraining. This is used in the cases of certain classifications of mental illness, they are the very same drugs said to treat everybody. (party drugs?)
This is why the Kern River Valley Hospital has a few dates in the Kern County court, and the preliminary hearing will be coming up on June 23, and the judge will decide if the Department of justice has done it's job and proven such abuse.
But it's not only prosecutors looking at this case, it's the defense, and the families, and certainly the liability company for the hospital.
Whose fault is it anyway? Could a couple good attorneys prove that considering the drug companies were out there promoting the use of these drugs in the elderly, maybe Dr. Pormir was listening, and considering it might be a good idea.
These drugs could possibly make some of these residents tortured in mind and body, feel better. What is wrong with that?
Only one thing: The FDA didn't approve it. So the doctor is risking his own judgment on these drugs. But again these companies may provide a discount as the use of these drugs could in some ways be considered a "test subject group" maybe?
Who is the cause of what happened or do we really even know what happened here at our skilled nursing facility. We do know as a fact, they were short staffed. We do know a year before the chemical restraining occurred, a Director of Nursing, Todd Elkins, left employment over short staffing and pay cuts.
It is not confirmed, but Elkins supposedly works for the agency, Public Health, which surveys these nursing homes to make sure they are following the laws.
And we know there was a lack of ability on the part of the hospital CEO, Pam Ott, to be able to knowledgeably watch over and make sure things were done correctly as she had no credentials that weren't purchased on the back of a pack of matches.
Nurses complained, people were afraid to lose their jobs, but a new way of dealing with patients came about in August of 2006. The use of Depakote, Seroquel, Risperdal, as well as other antidepressants and antipsychotics. The new KVHD nursing center practice.
Who is really responsible?
There are so many people you could point fingers at in this case, but I think we will see them pointed toward pharmaceutical companies as well as possibly the only one that could be prosecuted, the leader who knew there were issues with the drugs, but did nothing to stop it: Pam Ott.
The rest are all contributors, well, except for the board of directors who had the information. Only two took action, the rest hid the truth from the community until today. They would be good for obstruction charges.
Nurses who had careers and plans for retirement found their lives spinning and they found they were doing things they didn't want to do.
But attorney's make all the difference
Defendants Ott and Gwen Hughes have a couple local lawyers from Bakersfield, defending them in the criminal matter, and then there is the long story about how the civil cases are being paid for. Don't ask just vote yes on a multi million dollar bond for the hospital as they are not very good at budgeting, just short staffing.
Enter Donald Etra successful lawyer with Ralph Nader for many years. He stepped into the drama in March when the case was postponed until June so the new attorney for Dr. Pormir could gather up the evidence and decide on a defense.
I had wondered where Etra came from so suddenly and then I heard that Pormir also got another attorney, a pal from college, William Howard Ginsburg, to take on his case with the state medical board.
Dr. Pormir would protect her
In the two years I knew Dr. Pormir he believed strongly in Pam Ott's constant carrot dangling of a new hospital and ER. He backed what she said and did in regards to the 2006 bond measure "m" for... you fill in the blanks.
I do not believe he will tell the authorities all he knows about her and what she did in response to the disaster which took place under her leadership. With questionable deaths, the mistreatment of families with relatives living in the nursing center, Ott needed to be brought out into the sunshine, but was stopped by friends, like Dr. Pormir, radio jock Bob Jamison, and Brad Armstrong.
How strong is the DOJ?
How strong is Jerry Brown and his organization up the state? I get these press releases and white collar crime pays, as he has made some money for the office.
What has he done to foster a sense of justice to the people of this state? Did the Anna Nicole Smith prosecution make any of you feel proud to be an American?
I can tell you the state has missed many good witnesses and found some pleasure in making up their own story in this case.
How will they do against Donald Etra and William Ginsburg though?
Ginsburg hit the limelight when he became Monica Lewinsky's attorney, as the whole country was wrapped around this warped political attack led by a better known attorney, Kenneth Starr.
I was told Pormir went to school with Ginsburg, but that would be odd as one is an attorney and another did much of his medical schooling in his home country of Iran.
Pormir will never testify and he will not rat out Ott either. He will likely with two attorneys on his arms, walk away unscathed.
Many families who lost a member to the KVHD nursing center, will not be happy to hear of recent developments.
And the civil cases are on hold until the court decides if the state has enough evidence to prosecute.
Ott never even was put in jail, as the others were, and she didn't get any bail either. The judge didn't see her as threatening. Ott had that charm at one time and lauded it over this community only to poison us all.
My predictions: the psychic reporter
Both Dr. Pormir and Gwen Hughes are slapped on the wrist, with Hughes getting a few lesser charges and Pormir just promising to be good.
Ott is the wild card. She is the main reason this case should have taken place. Along with several people who aided and abetted her, including the local radio station.
But I see a defense from the two cases cited above. And so do Donald and Bill.
Justice will likely turn into "just us" again
The people that tried to stop this were hurt over and over again, the family members, I apologize that there couldn't have been a better system in place who cared about the elderly and infirm: but there isn't.
The attorney general slash governor to be, will walk away from us as if we never existed, and then sleep at night with the help of some off label barbiturate prescription.
And fired employees, reputations lost, will try to scratch this off their resume and get employed somewhere where nobody knows about what happened here in the Kern River Valley. Our dirty little secrets...
Press control and click on link to open:
http://www.kern.courts.ca.gov/home.aspx
Less than two months away from the elder abuse criminal case against three Kern Valley Healthcare District employees, California Attorney General Edmund G. Brown Jr., "Jerry Brown" announced just today that California is part of a 520 million dollar settlement against a London based company for promoting off label use of "Seroquel" an anti-psychotic drug, in the elderly with dementia and Alzheimers.
AstraZeneca is accused of encouraging the use of these antipsychotics in the aged and elderly, not approved by the FDA. The years that these practices were supposedly in effect were from 2001 to 2006.
(Gee, that 2006 number certainly stands out, as the KVHD elder abuse case revolves around the use of antipsychotics on it's elderly patients which may have lead to an increase morbidity rate.)
The Wall Street Journal reported last month that Abbott Laboratories was doing the same thing with it's liver munching, all around player, Depakote. The use of this drug in the elderly is not approved by the FDA and off label prescribing was encouraged, say federal officials who are on this case.
The timing couldn't be better for a defense
With two large companies under the microscope right now for promoting the utilization of antipsychotics like risperdal, Seroquel, Depakote, for use on combative elderly patients, as these are used more for mood adjustments.
But the side effects are great and the older the person the more likely damage could occur and many safeguards would have to be put in place to ensure the drugs were monitored.
As we know the nursing home business isn't making people rich, and some are barely staffed, so many short cuts are taken to provide care even though the laws state that such treatment is both lacking in dignity and sometimes harmful.
Putting patients who are active, yet not quite coherent, on antipsychotics is called chemical restraining. This is used in the cases of certain classifications of mental illness, they are the very same drugs said to treat everybody. (party drugs?)
This is why the Kern River Valley Hospital has a few dates in the Kern County court, and the preliminary hearing will be coming up on June 23, and the judge will decide if the Department of justice has done it's job and proven such abuse.
But it's not only prosecutors looking at this case, it's the defense, and the families, and certainly the liability company for the hospital.
Whose fault is it anyway? Could a couple good attorneys prove that considering the drug companies were out there promoting the use of these drugs in the elderly, maybe Dr. Pormir was listening, and considering it might be a good idea.
These drugs could possibly make some of these residents tortured in mind and body, feel better. What is wrong with that?
Only one thing: The FDA didn't approve it. So the doctor is risking his own judgment on these drugs. But again these companies may provide a discount as the use of these drugs could in some ways be considered a "test subject group" maybe?
Who is the cause of what happened or do we really even know what happened here at our skilled nursing facility. We do know as a fact, they were short staffed. We do know a year before the chemical restraining occurred, a Director of Nursing, Todd Elkins, left employment over short staffing and pay cuts.
It is not confirmed, but Elkins supposedly works for the agency, Public Health, which surveys these nursing homes to make sure they are following the laws.
And we know there was a lack of ability on the part of the hospital CEO, Pam Ott, to be able to knowledgeably watch over and make sure things were done correctly as she had no credentials that weren't purchased on the back of a pack of matches.
Nurses complained, people were afraid to lose their jobs, but a new way of dealing with patients came about in August of 2006. The use of Depakote, Seroquel, Risperdal, as well as other antidepressants and antipsychotics. The new KVHD nursing center practice.
Who is really responsible?
There are so many people you could point fingers at in this case, but I think we will see them pointed toward pharmaceutical companies as well as possibly the only one that could be prosecuted, the leader who knew there were issues with the drugs, but did nothing to stop it: Pam Ott.
The rest are all contributors, well, except for the board of directors who had the information. Only two took action, the rest hid the truth from the community until today. They would be good for obstruction charges.
Nurses who had careers and plans for retirement found their lives spinning and they found they were doing things they didn't want to do.
But attorney's make all the difference
Defendants Ott and Gwen Hughes have a couple local lawyers from Bakersfield, defending them in the criminal matter, and then there is the long story about how the civil cases are being paid for. Don't ask just vote yes on a multi million dollar bond for the hospital as they are not very good at budgeting, just short staffing.
Enter Donald Etra successful lawyer with Ralph Nader for many years. He stepped into the drama in March when the case was postponed until June so the new attorney for Dr. Pormir could gather up the evidence and decide on a defense.
I had wondered where Etra came from so suddenly and then I heard that Pormir also got another attorney, a pal from college, William Howard Ginsburg, to take on his case with the state medical board.
Dr. Pormir would protect her
In the two years I knew Dr. Pormir he believed strongly in Pam Ott's constant carrot dangling of a new hospital and ER. He backed what she said and did in regards to the 2006 bond measure "m" for... you fill in the blanks.
I do not believe he will tell the authorities all he knows about her and what she did in response to the disaster which took place under her leadership. With questionable deaths, the mistreatment of families with relatives living in the nursing center, Ott needed to be brought out into the sunshine, but was stopped by friends, like Dr. Pormir, radio jock Bob Jamison, and Brad Armstrong.
How strong is the DOJ?
How strong is Jerry Brown and his organization up the state? I get these press releases and white collar crime pays, as he has made some money for the office.
What has he done to foster a sense of justice to the people of this state? Did the Anna Nicole Smith prosecution make any of you feel proud to be an American?
I can tell you the state has missed many good witnesses and found some pleasure in making up their own story in this case.
How will they do against Donald Etra and William Ginsburg though?
Ginsburg hit the limelight when he became Monica Lewinsky's attorney, as the whole country was wrapped around this warped political attack led by a better known attorney, Kenneth Starr.
I was told Pormir went to school with Ginsburg, but that would be odd as one is an attorney and another did much of his medical schooling in his home country of Iran.
Pormir will never testify and he will not rat out Ott either. He will likely with two attorneys on his arms, walk away unscathed.
Many families who lost a member to the KVHD nursing center, will not be happy to hear of recent developments.
And the civil cases are on hold until the court decides if the state has enough evidence to prosecute.
Ott never even was put in jail, as the others were, and she didn't get any bail either. The judge didn't see her as threatening. Ott had that charm at one time and lauded it over this community only to poison us all.
My predictions: the psychic reporter
Both Dr. Pormir and Gwen Hughes are slapped on the wrist, with Hughes getting a few lesser charges and Pormir just promising to be good.
Ott is the wild card. She is the main reason this case should have taken place. Along with several people who aided and abetted her, including the local radio station.
But I see a defense from the two cases cited above. And so do Donald and Bill.
Justice will likely turn into "just us" again
The people that tried to stop this were hurt over and over again, the family members, I apologize that there couldn't have been a better system in place who cared about the elderly and infirm: but there isn't.
The attorney general slash governor to be, will walk away from us as if we never existed, and then sleep at night with the help of some off label barbiturate prescription.
And fired employees, reputations lost, will try to scratch this off their resume and get employed somewhere where nobody knows about what happened here in the Kern River Valley. Our dirty little secrets...
Press control and click on link to open:
http://www.kern.courts.ca.gov/home.aspx
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