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The Story of Evelyn S. Berwick M.D.|
Sunday August 18, 2002 Evelyn S. Berwick M.D. arrived at the University of Pittsburgh Presbyterian Medical Center in an ambulance, suffering from the symptoms of hypertension, nausea, vomiting and headache. The Emergency Room team performed a series of protocol tests including an EKG. Her blood pressure was extremely high. The ER staff administered Labetatol, Metoprolol Tartrate, 25 MG of Promethazine HCL, Ramipril, and 4 MG of Morphine (see Reference Document). Dr. Berwick was ultimately diagnosed with a left renal artery block which was surgically corrected by a balloon angioplasty on August 22, 2002. However, during her inpatient stay her story took a tragic career ending turn due to the erroneous actions of Dr. Francis X. Solano Jr. a prominent U.P.M.C. member and the Attending Physician. Note 1: The morphine was administered to Dr Berwick while she was sleeping, without her knowledge. The combined effect of her illness, 4MG of Morphine and 25MG of Promethazine HCL left her in a heavily sedated state, barely conscious and defenseless for days. Note 2: It was during this time that Dr. Solano seemed to focused on Dr. Berwick's temporary memory disruptions, delaying the correct diagnosis which occurred days later. When the medications were discontinued and the renal block corrected, the memory disruptions stopped. ______________________________________
Erroneous Diagnosis, Serious Accusations and a Wrongful Referral: Sometime between August 19th and 20th, 2002, (there are conflicting opinions about the actual day) according to numerous eyewitnesses and patient/family/staff communications, Dr. Francis X. Solano Jr. entered Dr. Berwick's room and in a most arrogant, pompous, pseudo-condescending manner publicly accused Dr. Berwick of being a morphine addict and lectured to her on the consequences of being a recreational morphine user. Dr. Berwick's serious illness and heavily sedated state left her confused about what Dr. Solano was even implying she wasn't quite sure just what was happening at that time. This erroneous event occurred in front of staff and a visiting mother of a patient in the adjacent bed. Since this shameful act occurred at a time when Dr. Berwick was seriously ill, heavily sedated and vulnerable the mother of the patient in the adjacent bed placed a telephone call to inform Dr. Berwick's family of the incident and later the same day described first hand how greatly appalled she was over Dr. Solano's inexcusable actions and accusations toward Dr. Berwick. Note 3: Dr. Solano's attorney, Mr. Joseph Otto would later withdraw an out of court settlement offer which he verbally made to Mr. Robert Hussey. His reasoning was that there were no producible witnesses to the slanderous remarks made to Dr. Berwick. Interestingly, Presbyterian Hospital refused to provide Dr. Berwick with pertinent documents identifying the key witnesses, a staff nurse and the mother of the patient in the adjacent bed. At the time of his wrongful and inexcusable accusations Dr. Solano may or may not have been aware that the morphine present in Dr. Berwick's positive lab test results was placed there by his emergency room staff just hours earlier - but the slanderous damage was already done. Dr. Solano later the same day reentered Dr. Berwick's room and offered an apologetic comment, confirming that he had since been made aware (possibly by a nurse who later verbally confirmed to the family) that Dr. Berwick was administered morphine in the ER for headache pain while she was sleeping. The erroneous and slanderous actions of Dr. Solano toward a patient and well respected community doctor and colleague are indeed inexcusable. However, his follow-up actions would prove to be even more destructive toward Dr. Berwick. Dr. Solano then called the Pennsylvania Physicians Health Program (the P.H.P.) and referred Dr. Berwick to an organization designed for the treatment, monitoring and recovery of practicing physicians who are impaired by alcohol and drug addiction. Dr. Berwick and her family firmly believe that she was referred to the P.H.P. as an implied morphine addict the same day that Dr. Solano made the erroneous accusations in her room. Later communications would claim that She was referred for temporary memory disruptions. A reasoning mind would still wonder, why one physician would secretively referral another highly respected physician to an organization for drug and alcohol dependency vs. having a routine follow up performed by a neurologist and or a psychologist, which is what Dr. Berwick did by her own choosing. Note 4: "The following quote sets the tone for understanding what the Physicians Health Program is about. It clearly identifies their organizations purpose. Dr. Berwick had a short term, treatable illness and her condition was not an issue for this type of venue. "The Physicians' Health Program (P.H.P.), a program of The Foundation of the Pennsylvania Medical Society, provides support and advocacy to physicians struggling with addiction, suffering from physical or mental challenges, or experiencing stress related to liability litigation and other aspects of medical practice." This quote was extracted from the P.H.P. web site. ____________________________________
The Pennsylvania Physicians Health Program: Click Here for additional details. Dr Berwick was hastily and erroneously placed in the Physicians Health Program for "impaired Physicians." When Dr. Berwick was immediately cleared of the erroneous and unethical referral by more than one doctor, the P.H.P. did nothing to follow up and notify institutions of the wrongful referral. They chose to cover up and protect Dr Solano in lieu of doing the ethical thing to help clear Dr. Berwick's reputation with her institutions. Their refusal to correct the problem resulted in reactionary institutional terminations, and the tragic destruction of Dr. Berwick's impeccable reputation and medical practice. The P.H.P. later claimed in a letter from Dr. Thomas Hobbs, Medical Director that Dr. Berwick's referral was for high blood pressure accompanied by symptoms of memory disruption (see Reference Document). Again, why was an innocent, respected doctor turned in to an impaired physicians organization like the P.H.P.? Note 5: In the case of Evelyn S. Berwick M.D. the "accompanied memory disruptions" occurred when she was a severely ill patient under the influence of two potent medications (25 MG of Promethazine HCL and 4 MG of Morphine) administered by Dr. Solano. Any impairment in cognitive functions were the direct result of the medications and the effects of her heretofore untreated renal blockage. Once the blockage was surgically corrected and the medications stopped Dr. Berwick's temporary memory disruptions also stopped. The P.H.P. referral was indeed a wrongful action that violates the medical code of ethics and the Hippocratic Oath and Dr. Solano is liable for this horrific and erroneous mistake. This single act initiated a series of cataclysmic institutional terminations that destroyed the impeccable and successful medical practice of a beloved archetypal female doctor. Through her entire career this innocent community healer has provided 40% to 50% percent of her services Pro-Bono - and she was wrongfully branded with the stigma of alcohol and drug impaired by the erroneous referral. Every medical professional relates that stigma to the P.H.P. Read for yourself the P.H.P.'s published description of the referral process (extracted from their web site) it clearly states reasons for referral and emphasizes that "every effort is made to ensure confidentially." Note 6: The following link is to the P.H.P. referral process page. After reading the literature you will understand that their primary services are geared for physicians struggling with addiction problems. Dr. Berwick was wrongfully and inconceivably placed in this program and the stigma of chemical impairment was unjustly applied to her character. Additional Information Mr. Robert P. Hussey (Dr. Berwick's General Business Manager and husband) formally, repeatedly and frantically attempted to stop the onslaught of inappropriate damage to Dr. Berwick's impeccable professional career. Mr. Hussey formally requested all pertinent documents from Mr. Ken Jones (P.H.P. Counsel) in an attempt to determine the exact date and nature of the referral and other information pertinent to her case (see Reference Document). The requested information was paid for however mush of the requested information was never received (see Reference Document). Interestingly, Mr. Ken Jones told Mr. Hussey during a follow up telephone call that he would not send the requested documents related to her referral. His reasoned response was "you want me to send you the documents that you will use against us in an up coming litigation." To that Mr. Hussey answered "yes, yes I do! We paid for that information." On behalf of Dr, Berwick Mr. Hussey called the Allegheny County Medical Society to request legal assistance for Dr. Berwick. They referred Mr. Hussey to the Pennsylvania Medical Society Hot-line, who ironically put him back in touch with their General Council who, coincidentally was the same Mr. Ken Jones. Mr. Hussey made the call anyway and when Mr. Ken Jones discovered who he was talking to he abruptly hung up the phone. _______________________________
Dr. Solano Enters into Collusion: When Dr. Berwick was released from Montifiore Hospital she was unaware that Dr. Solano had referred her into the P.H.P.'s program for impaired physicians. He did however casually provide a phone number of a Psychiatrist, Dr. Maurice S. Cerul to follow up with concerning her temporary memory disruptions. Dr. Berwick did follow up with Dr. Cerul and other doctors of her own volition because she wanted to know if she was developing any psychological or neurological conditions which might affect her performance. Dr. Cerul cleared Dr. Berwick on September 5, 2002 to return to work. Shortly after Dr. Cerul's release he called Dr. Berwick and frantically informed her that she could not return to work because she was still in the P.H.P.'s impaired physicians program and there were forms to be filled out and follow-up visits required. Note 8: It is clear that both Dr. Cerul and Dr. Berwick were unaware at the time of her visit that she was in the impaired physicians program. It was then that Dr. Berwick realized a serious mistake was made by Dr. Solano. Dr. Berwick elected to see another Neurologist and a Psychiatrist who also found no temporary memory disruptions. Dr. Cerul's letter of record dated September 5. 2002 plays a vital part in the case because it clearly contain lies and an interesting addendum which was attached 5 days later. It documents a discussion with Dr. Solano and his uneasiness over the release of Dr. Berwick (see Reference Document). _______________________________
The U.P.M.C Investigations and a Smoking Gun Letter: Mr. Hussey sent a letter to Elizabeth Concordia, President and CEO of UPMC Montifiore to formally request an investigation into the matter of Dr. Solano (see Reference Document ) Hussey To Concordia Letter 12/28/02). In paragraph 3 of response her letter to Mr. Hussey, Elizabeth Concordia documents the fact that Dr. Solano admitted to accusing Dr. Berwick of being a morphine user (although her words were toned down to say miscommunication) and acknowledged that an apology was offered to Dr. Berwick about the incident. Additionally, Elizabeth Concordia confirms in the same letter that Dr. Solano admitted to referring Dr. Berwick to the Physicians Health Program (the smoking gun in this case). (see Reference Document). Soon after the Elizabeth Concordia investigation Mr. Hussey also communicated with Mr. Jeffery Romoff, C.E.O., U.P.M.C. and Dr. Lauren Roth, C.M.O, in a desperate attempt for resolution in this matter. U.P.M.C. retained the Attorney Joe Otto of Dickey, McCamey & Chilcote, P.C. to represent their interests. Mr. Otto made a verbal offer of restitution payments over the course of three meetings with Mr. Hussey. However, when the statutes of limitations ran out the offer was withdrawn and Mr. Otto denied that an offer was ever made.
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The P.H.P Director's Attempted Cover-Up: Dr. Solano's wrongful and unethical referral was followed by a series of incompetent acts, lies and cover-ups conducted by Dr. Thomas R. Hobbs and Mr. Ken Jones Esquire, officials of the Pennsylvania Physicians Health Program. Mr. Ken Jones Esquire, later claimed in a response to Victor H. Pribanic, of Pribanic and Pribanic, that Dr. Berwick referred herself to the P.H.P. (see Reference Document). This document contains deliberate lies and discloses the attempt to cover up the facts to protect Dr. Solano and the P.H.P. from the consequences of their inexcusable actions toward Dr. Berwick. _______________________________
The Allegheny General "Kangaroo Court" Convenes: On November 17, 2003, Allegheny General Hospital held the first of three medical hearings to terminate Dr, Berwick's Staff membership and clinical privileges. When the hearings ended Dr. Berwick received a letter of termination. Additionally, A.G.H. placed an adverse recommendation about her on the National Practitioners Database. The Allegheny General Hospital termination hearings were conducted to support an Ad Hoc committee's decision to terminate Evelyn S. Berwick M.D. based on three level III procedure violations incurred within a given timeframe. We offer the following in her defense.
The Allegheny General Medical Staff Hearing transcripts are offered for your review and consideration.
Following the Allegheny General Hospital medical hearings and the subsequent decision to terminate Dr. Berwick's Staff membership and clinical privileges she suffered two (2) stress related cardiac events - including a serious heart attack that almost took her life when she collapsed clutching the AGH termination letter in her hand. Mr. Robert P. Hussey ultimately sent a letter to Dr. Solano following the Allegheny General Medical hearings holding him directly responsible and accountable for his actions (see Reference Document ). Dr. Berwick has made hundreds of attempts to obtain legal council but her efforts failed. Pennsylvania law firms have refused to go up against the institutions and individuals involved in this case. Therefore, Dr. Berwick and her General Business Manager Robert P, Hussey are finding legal help outside the State of Pennsylvania - this case is destined for major media exposure and legal processing in a federal court. _______________________________ |
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