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Sorry Works! Blog

Making Disclosure A Reality For Healthcare Organizations 

Seattle Children's Needs to Make Amends with First Mold Victim

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Before the Thanksgiving holiday break we shared the story of Dr. Jeff Sperring, CEO of Seattle Children's Hospital, offering a public apology and admitting at a press conference that his hospital "failed" in preventing mold infections among pediatric surgery patients dating back to 2001; see our original post below.  Dr. Sperring acknowledged that at least six children died and several more were infected -- some with crippling injuries -- at his hospital since 2001.  

In our post below we asked if Sperring's public apology was "real" in the sense of will he and the hospital quickly and fairly meet the financial and emotional needs of impacted patients and families?  Or will they drag these families and their own staff through litigation?  Well, the integrity of Dr. Sperring and the hospital's leadership are being put to the test with several lawsuits being filed over the last couple weeks, including one set of attorneys trying to gain class action status.   Ouch....  

In reviewing this story further, perhaps Sperring and his team should begin the arduous task of tackling this litigation mountain by revisiting the first mold lawsuit filed against their hospital. 

Over 17 years ago, Eugene and Clarissa Patnode's 12-year old daughter was operated on at Seattle Childrens' Hospital and was infected with mold which left her permanently disabled. The hospital fought the allegations and allegedly fired one or more staffers who raised concerns about the mold problem. The hospital eventually settled the family's case for an undisclosed amount, but, obviously, the underlying problems were never addressed and several more kids were injured and killed.  Here is the story.   

Perhaps the first steps in resolving this situation rests with this very first case, even though it was settled in 2005.  Nothing prevents Sperring and the hospital from contacting the Patnode family to see how they are doing and if they have any additional needs, including financial needs.  The hospital needs to apologize to this family, hear their frustration and pain, and explain to them what is now being done.  Also, nothing prevents Sperring et. al from contacting the former employees who allegedly lost jobs and see if anything needs to be done to get right with these folks.  Maybe, the hospital, the Patnode family, and their former employees can partner on finding solutions to this crisis.   

Now, I can hear the defense lawyers and claims guys howling that closed cases remain closed for a reason, blah, blah.  And, no, I am not suggesting that your hospital or nursing home review every closed case in your files.  This situation is different, however.  The hospital initially fought these charges but, now, felt compelled to conduct an internal revenue which validated the initial concerns by the Patnode family, and, oh by the way, many more kids were hurt and killed by these same problems.  The first potential step in regaining credibility for Seattle Children's is getting right with the first victims.  Only addressing "open" or pending claims will not adequately or ethically address this crisis and will likely leave the hospital in a weakened position in the eyes of the public.  Seattle Children's Hospital needs to get right with all the victims, starting with the Patnode family and their former employees.   

Sincerely,   

- Doug   

Doug Wojciezak,
Founder and President,
Sorry Works! 
618-559-8168 (direct dial)
doug@sorryworks.net 

Real Apology from CEO of Seattle Children's Hospital? 

Yesterday (Monday, November 18th), the CEO of Seattle Children's Hospital issued a public apology with news cameras rolling for the deaths of six children due to mold infections in the hospital's operating rooms stretching back to 2001.  Eight additional children suffered infections, with at least two of these children developing crippling complications. The CEO's apology included phrases such as "we failed" and "we are all devastated."  

Here is the written statement that accompanied the CEO's public apology.  Also, here and here are local news stories regarding the CEO's apology.   

For me, my evaluation of whether this apology is real or not will hinge on how the hospital behaves towards the families of deceased and sickened children.  Will the CEO and leadership of the hospital immediately offer to sit down with these families and their legal counsel, apologize (which includes admission of fault), and quickly and fairly meet the financial and emotional needs of the families?  This question may be answered by who is in charge of the hospital: the medical staff and the board of directors or the lawyers?   

This case reminds of a similar situation at a New Orleans hospital where a fungal infection killed several children, time passed, statute of limitations expired, and then the hospital apologized for the deaths -- and then hospital fought off lawsuits.  Here is our blog post on that case.   I hope Seattle Children's Hospital does not go down this dark path.  

To me, the relationship with your legal counsel/law firm is no different than your relationship with, say, your accountant or engineering firm.  These professionals are hired to provide insight and advice, but, in the end you, the client, are supposed to call the shots.  Unfortunately, many people -- especially doctors -- simply cede the leadership mantle to the legal beagles when things go wrong.   A prime example involved the death of a 28-year old woman and her unborn twins at a Catholic Hospital, and the defense lawyers tried to avoid some liability by claiming in court documents that fetuses are not people!  Here is that story. The local Bishop had to put a stop to that nonsense. 

I sincerely hope the CEO of Seattle Children's Hospital works in an expedited and authentic fashion with the impacted families and in so doing begins to restore the credibility of his hospital with the public.    

Sincerely,

- Doug

Doug Wojcieszak, Founder and President
Sorry Works!
618-559-8168 (direct dial)
doug@sorryworks.net   

Doug Wojcieszak