Musharraf
Behind Dr Shame Who Bankrupted Nebraska, Embarrassed Pakistan
Special
SAT Report
NEW
YORK, February 19: A Pakistani doctor who caused the biggest Hepatitis
outbreak in US history, was sued by over 100 victims in Nebraska,
paid millions of dollars in out-of-court settlements has now lost
his medical license in the State of New York as well. But he continues
to be the Minister of Health in Pakistan’s largest province,
Punjab.
“The continuing saga of Dr Tahir Ali Javed has caused tremendous
embarrassment for all Pakistani doctors doing a wonderful job
in the US but when people here learn that he is Minister of Health
under the military rule of General Musharraf, the whole country
and its system looks like a joke,” a senior Pakistani heart
specialist settled in New York observed.
When more than 120 patients filed legal cases to claim damages
from Dr Javed and his clinic, he fled the country to Pakistan
but through his connections with the Pakistan Army, maneuvered
to become a member of the Punjab Assembly in the 2002 elections
and was immediately named as the Minister of Health of the province
with a budget of billions of rupees.
In September 2003 the State of Nebraska, where Dr Javed practiced
medicine as a cancer specialist, revoked his medical license after
accusing him of “unprofessional conduct and gross negligence”
which resulted in an outbreak of Hepatitis C in Nebraska hurting
hundreds of patients.
In
March 2004 the State of New York issued its “Factual allegations”
under New York law which included “negligence on more than
one occasion”, “gross negligence”, "moral
unfitness”, “abandoning or neglecting a patient under
and in need of immediate professional care, without making reasonable
arrangements for the continuation of such care” and “failure
to maintain a record of each patient which accurately reflects
the evaluation and treatment of the patient.” Click
here to read the Charge Sheet
Dr. Javed, who was accused of “moral unfitness” by
the State of New York, in a “Surrender Order” admitted
some of the charges stating: “I, hereby, do not contest
the allegations….” and requested the New York authorities
to allow him to surrender his medical license. Click
to Read Surrender Order Page1 | Page2
As if confirming the charge of moral unfitness, Dr. Javed in Pakistan
continued to issue numerous statements denying all the accusations
against him and even accusing newspapers of working for “Zionists”.
But while doing so publicly, he was also signing “surrender”
documents privately, admitting all the charges and seeking to
get away from the destruction he had caused in the US.
The NY State issued the order to revoke his license on March 17,
2004 stating that “the name of the Respondent be stricken
from the roster of physicians in State of New York.” Click
to read order
But these actions by the States of Nebraska and New York have
not affected the pending cases against Dr Javed and millions of
dollars are being paid by the Insurance Companies and Nebraska's
Medical Malpractice Fund.
South
Asia Tribune has obtained some details of the amounts involved
in these cases and while individual settlement figures are confidential,
it is learnt that the Nebraska Fund may be paying over $50 million
to the victims of Dr Javed. This amount is in addition to what
the Insurance companies would have to pay.
Reports in local Nebraska newspapers confirm that more than half
the malpractice lawsuits filed against Dr. Javed and his former
Fremont cancer clinic have been settled out of court.
In
2002 and 2003, state health officials linked the reuse of syringes
and other unsanitary practices at Javed's clinic to 99 Hepatitis
C infections. The clinic closed after Javed fled to his native
Pakistan. The state later also revoked medical license of his
head nurse, Linda Prochaska.
Reports
quoted the District Court Clerk Linda Nelson saying that only
45 cases remained unresolved out of over 100 filed against Dr.
Javed, the Fremont Cancer Center and some of its nurses and the
Fremont Area Medical Center, the county-owned hospital that leased
the clinic its space.
Earl
"Chip" Greene estimated the number remaining at 40.
Greene is an attorney for the Nebraska Excess Liability Fund.
The fund pays damages, up to a cap set by the Legislature, to
patients when settlements or court awards exceed malpractice insurance
limits.
L.
Tim Wagner, director of the Nebraska Insurance Department, which
oversees the fund, said 54 cases had been settled, leaving 39.
He declined to disclose settlement amounts, individually or in
total, saying that might jeopardize future cases and violate settlement
agreements.
Wagner
previously had worried that the sheer number of Hepatitis C claims
would bankrupt the fund and prompt unprecedented special assessments
for the health professionals and facilities that now pay into
it.
But
so far, he said, it's looking like the fund will break even -
with about $58.3 million in assets, $63 million in anticipated
liabilities, and interest earnings to cover the gap. Among the
more recent cases settled are two that had been set to go to trial
this year - those filed by Eleanor Daehnke and the husband of
the late Cheryl Gentry.
Dr
Javed’s gross negligence has brought about changes in some
laws of Nebraska. State lawmakers were considering a Bill introduced
by State Sen. Don Pederson of North Platte, which would require
doctors, hospitals and other participating health care providers
to carry more malpractice insurance and be responsible for a larger
share of malpractice claims.
"I
think it's very important we maintain the Nebraska Hospital-Medical
Excess Liability Fund,” Pederson said. This fund pays malpractice
claims above a set amount. Claims below that level are the provider's
responsibility and typically are covered by private malpractice
insurance.
Under
the system, the Lawmakers increased the maximum malpractice payment
last year. Payments now are capped at $1.75 million for incidents
occurring after Jan. 1 and $1.25 million for prior incidents.
The increase was the third since the fund was created in 1975.
In
October, Dr. Javed admitted using unsanitary practices that allowed
Hepatitis C to spread among clinic patients. At least 99 people
were infected, including one who died.
But
back in Pakistan, as Punjab Health Minister, Dr Javed shamelessly
keeps on making public statements about health of millions of
people. In one such ironic statement he “stressed the need
for hospitals to dispose waste and make sterilized gloves and
good quality syringes available. He said about seven Hepatitis
patients were being reported in Lahore hospitals daily.”
After taking care of Hepatitis patients in Nebraska, it is the
turn of poor Pakistanis who don’t even have a place to appeal,
if they get the medical treatment prescribed and practiced by
Dr Javed.
But
more shameless and arrogant are the political and military masters
who are keeping Dr Javed, and men like him, in top decision making
positions of the country, despite the proven record of their crimes.
