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SERENDIPITY by J. Stein:
Stein v. Kaiser went into arbitration in 2001.
Not everything about Kaiser Permanente’s Mandatory Binding Arbitration System turned out to be BAD!!! (at least in my case)
Kaiser’s Mandatory Binding Arbitration System (medical malpractice); instead of promoting the legal truth and justice by preventing the guilty one from committing corruption and fraud against the injured patient, has rather an open door that welcomes them.
This is certainly the case of retired Judge Rebecca Westerfield. She knew (or should have known) that by staying silent when my attorney’s asked for future medical care, the future costs would forcibly be shifted from Kaiser to Medicare.
There is no doubt about this.
Now, what does SERENDIPITY have to do with my lawsuit(Stein v. Kaiser) and retired Judge Rebecca Westerfield?
EVERYTHING! I will explain.
On November 21st, 2001, retired Judge Rebecca Westerfield (www.jams.org) signed her final award/decision against Kaiser and in my favor.
She carefully and in great detail responded (as it is mandatory) to all items that my attorney had claimed against Kaiser but, with one exception.Here is what my attorney asked for:
a - That Kaiser’s doctors Dr. Robert Wolgat and Dr. Timothy Wilfred Wild be held responsible for the severing of my 11th right cranial nerve ( Spinal Accessory nerve. )(today I know this nerve was never severed)
b - That I should be compensated for future employment because the severing of my right spinal accessory nerve has caused the atrophy of muscles (right sternocleiomastoid and trapezius) and I have lost forward and upwards movement of my right arm.
c - and that I should be financially compensated for my future medical care related to this severing of my right spinal accessory nerve.
Oh, .... hum...SERENDIPITY? Here it is.
Here’s an important phrase of Judge Westerfield’s final award.
“ Although purportedly released from her disability by her treating physician, she had not sought work nor discontinued receipt of disability benefits.”
This phrase stayed in my mind as if it was carved in it.
What did she mean by that? I felt degraded, betrayed, sad and very concerned about her words.
For the next several months I could not understand the meaning of her conclusions.
Besides the inaccuracy of her words, feeling sick, not knowing what was really happening to my body and being tossed from one to another doctor, retired Judge Rebecca Westerfield’s words were certainly offensive to me and I simply could not handle it.
Now..., all that I had done to fight a post traumatic stress disorder, (after 2 life threatening incidents in a 2 week period of time,) went out of the window, - for now I was facing serious physical disability.
I spent the next few months crying, angry, hating both the judge for implying in writing that I was possibly committing Medicare fraud and because Mr. Bailey refused to show me how he had explained to the judge what really was happening with my health.
Right there and then, I began to understand that the mandatory binding arbitration system was just a game and its final results were previously decided among the judge and the attorneys on both sides against the victim.
In this case, -me.
Mr. Bailey said to me. “ Judge Westerfield admits in writing that
“...the injury has exacerbated Stein’s pre-existing psychiatric disability and her pain syndrome.” (pain syndrome? ) and at the same time she states that:
“ She can not have it both ways. He said. She can not say that you are now “more disabled” and in the same breath state that you were considered able.
After things settle down a bit, I decided to find out what had happened.
What were the reasons behind retired judge Rebecca Westerfield implying that I could possibly be committing some kind of fraud against the federal government?
So... after going through months of the critical process of grieving I decided to open my own investigation. For the next 7 years I investigated Stein v. Kaiser in great detail. I slept and dreamed of this case. I thought about it every minute, of every day, of every year, after year, after year.
I was able to get documents from Kaiser Permanente‘s medical records department (with great difficulty) that proved that what my attorney had explained to Judge Westerfield that I was taking disabling medications and still receiving treatment for post traumatic stress disorder just before my parotidectomy surgery was scheduled for November 19th, 1999.
But SERENDIPITY as it was the case, came into play.
In fact, the reason why I saw Dr. Hoffman on June/July 1999, at Kaiser Permanente Redwood City California, was because I had decided on my own to stop taking all the psychotropic medications all at one time, ( do not do this, it can be very dangerous) and my body was reacting negatively because of chemical deprivation and medication withdrawal reactions.
Dr. Hoffman during examination, (he is a GP) felt a tiny little ball on my right neck. He told me this was a lymph node reacting from a cold, a tooth infection, or something like that, but he was going to send me to Dr. Robert Wolgat anyway. ... and the rest is history.
It is amazing how SERENDIPITY happens.
If retired Judge Rebecca Westerfield had not forced me into an investigation looking for answers to her unjust words, I would have never discovered what had really happened to me as I slept under general anesthetic, without my knowledge, without my family's knowledge, without medical need and without a bit of concern and respect to my body, to my health and to my life.
My right spinal accessory nerve (was never severed) is now very thin and holds little life for it has suffered serious ischemic atrophy.
Dr. Timothy Wilfred Wild, did not directly injure this nerve in my right neck.
He caused this nerve and several others, to suffer ischemic atrophy (atrophy of nerves and muscles because of lack of blood supply) by going to my vascular system without medical need.
Without medical need to me that is!
Dr. Wild severed my right Great Auricular nerve needlessly.
Dr. Wild dissected my perfectly healthy right sternocleiomastoid muscle, he sutured shut my external carotid artery. He placed a surgical clip on my right internal jugular vein and if this not enough, he inserted a small PTFE tube (polytetrafluorethylene) inside my right internal carotid artery.
This was a serious criminal act.
Just imagine my lawsuit Stein v. Kaiser without Judge Rebecca Westerfield.
She is the one who helped me; by forcing me to investigate my case against Kaiser therefore, finding out it was really NOTHING as it appeared to be.
It was not about medical malpractice, it was all about medical crime.
Within the next few days I will be releasing to the world a video made specially for Ms. Mary Parks, KP’s Management personnel Liability for Kaiser’s Northern California doctors (she was the attorney responsible for Stein v. Kaiser) and to Dr. Timothy Wilfred Wild's criminal behavior against my health, committed during surgery.
But, until then...
Thank you Judge Rebecca Westerfield. Your actions against me became my Serendipity.
"Evil prevails when the good people are silent or take no action."
The contents of this material are based on my own opinion, my notes, my attorneys notes, my recollection of facts and literally hundreds of pages of my medical records from Kaiser Permanente Redwood City, California and other doctors medical records.