Chris Robbins Runyon, a friend out here in Kaaawa, recently posted a version of this story on Facebook. It’s quite a tale of someone getting ground down by the medical-industrial-insurance bureaucracy. First Insurance certainly comes out looking pretty bad. Perhaps someone over there will see this and intervene with a bit of sanity.
So here’s the story as told by Chris.
Aloha. I need help. Please read my story.
About 2-1/2 years ago, I was in a swimming pool for a swim test for my employment and experienced an airway closure, likely due to the pool being poorly cared for.
After several minutes without an airway my heart began to fail. I was resuscitated after the use of an automated external defibrillator (AED) and CPR. The individuals who saved my life were quite certain that the pool was the cause of the my airway closure. Doctors at Queens Medical Center refused to listen and began to test my heart and never addressed my airway. Nothing was found wrong with my heart but due to the AED being used out of hospital, I was forced to have them place an implantable cardioverter defibrillator (AICD) in my chest.
After the device was implanted, the doctor who put it in refused to take workman’s compensation insurance and I was left with no medical care for the situation. I was told by the workman’s comp insurance carrier, First Insurance of Hawaii, that all would be taken care of and that all I had to do was provide them with any and all information pertaining to the case.
I was sent to an independent medical examiner and the device was deemed unnecessary. After that I was told that I would not have to go through a hearing or retain counsel. Four months later I received a letter informing me that I would have to stand before the Labor Board and that I was going to be found non-compensable and that the hearing was in 10 days. I called First Insurance of Hawaii and was told this was a formality.
Then just two days before the hearing, I was told to retain a lawyer.
I have documented every email and every phone call. I was not able to hire a lawyer in time, but was more than prepared to represent myself, I had been building a case and documenting since day one. First Insurance of Hawaii would not allow me to represent myself, and asked for an extension so that I could hire a lawyer. I did this, and presented all the information that I had been prepared to give at the hearing. My lawyer used all the information that I gave him and we won the case over a year ago. First Insurance of Hawaii went for an appeal and then withdrew it.
At this point in time I still had no doctor to care for the device or to find out what condition I had. The defibrillator malfunctioned and began to shock me. I went to the emergency room at Pali Momi and the device was found to be malfunctioning and was shut off. The doctor who implanted the device was contacted and he would not allow for me to be treated, I was discharged, and told I had to see him.
He refused to treat me as I wished “remove the device with no repeat implantation”, he would not touch me. First Insurance of Hawaii claimed I was not taking care of myself and made claims that they would pursue a 3rd party law suit against the manufacturers to get their money back and no longer be responsible for the situation.
Through out all of this, from day one I have been in an great amount of pain, but have dealt with it through exercise and healthy living, no drugs, no health plan. I am a very active, athletic individual and this was unacceptable to me. I went to occupational health service at Kaiser Permanente with the court decision and forced my way into a cardiologist. I went through physiological evaluations, underwent a painful electrophysiology study without sedation, and finally got the clearance to have the device removed.
The device was successfully removed in March, which was an extremely risky procedure. I later received word from my lawyer not congratulating me on surviving all of this but to inform me that Kaiser did not go through the proper channels and First Insurance of Hawaii will not pay. I double and triple checked at each appointment that all this was going through the proper channels.
I am so lost! I need a voice! I almost died twice, the test the doctors ran on me were to induce death, and I survived a nightmare situation. I have no where else to turn.
I am a wife and mother of two children, as well as a graduate student in microbiology and a working marine biologist. I am doing my best to juggle all of this, but my voice has been stolen from me.
If I could just get this story to the right person(s) I know that the right thing will be done. I am not asking for any kind of award, just justice. Through all of this I have been told by my attorney that this is the American way, but honestly I do not even feel as if I am being treated like an American citizen.
What I have presented to you is just the tip of the iceberg and nowhere close to all that has happened. Now with the AICD removed I am told that I have no injury, therefore no case.
How has this system gotten so out of control?
Sounds like it’s time to go to the state’s imsurance commissioner
With respect, this sad story is composed of unsubstantiated allegations and more than few statements that raise the old eyebrow. I think it is wholly unfair to publish this without having given the folks on the other side fair notice and a chance to respond. Don’t get me wrong – I have boocoo sympathy for your friend’s suffering and am not fond of the insurance industry in general. But to me it’s reprehensible to just drop this into the blogosphere and “hope” that maybe somebody on the side will intervene “with sanity”.
you are officially banned from stating ANY and ALL stinging facts in your comments without getting a response from the other side, regardless if it’s from jarheads, siths, cats in the hat and fox in the socks.
not.
She should hire Rick Fried of the Cronin Fried law firm in Honolulu. He is fantastic in getting multimillion dollar out of court settlements, because opposing attorneys are afraid of him.
I have tried to get my story out through the media no one will touch it. Ian has been the only person to contact me and share this with others. I have written state reps, filed a complaint with the state, and have done all I can to help and protect myself. Nothing here is an allegation, all that I have stated is true. I am in the blogosphere so that others do not have to go through what I have.
I agree that Rick Fried would be an excellent choice to pursue as for Ian choosing to let this person post on here, well he has that right and I dont see the problem at all. Another option is calling one of the tv stations and seeing if a reporter is interested in the story where you have visual added to the story it brings it more to life. Someone might see it and try and help her out. I dont deny what happened to her, maybe mistakes were made along the way on multiple sides here, but to get your voice heard and for someone to listen, posting here is a good first step, along with getting in touch with a GOOD lawyer and one of the tv stations I bet would consider running her story. Just send your comments into any of the newsroom emails and a reporter will read it and go from there, best you can do at this point.
I have contacted news stations the story is too big or complicated. I contacted one attorney mentioned here, but he turned out to be an aquaintance of the doctor who implanted the AICD, and he could not help me. I have tried to make this situation right on my own by writing to state reps and news agencies, filing complaints to the state, tracking down doctors, continuing my education and investigating every avenue possible. I am a trained research scientist and I have been researching this for the last 2 1/2 years without help. I thank all that take the time to read comment. I am taking in all suggestions that are helpful. Mahalo
A dear friend used to work for a local insurance company, working on kid’s health care that was denied, often fighting the beaurocracy she was part of to save kids’ lives.
Rafael Del Castillo is a super guy who fights that fight daily for kids. He is also running for Mazie’s current seat in Congress, http://rafaeldelcastillo.org/
We need universal single payer insurance now!
I’m a defense lawyer and concur with the referral to Del Castillo, against whom I litigate. I’m sure your situation is complicated and that there is another side to it. But you need informed, candid advice on your situation and, in all likelihood, zealous advocacy.
I’d like to know how an improperly cared for pool can lead to an “airway closure.” I’m not sure I understand all of the terminology, but I’m just freaked out about the idea.
Not going in any pools until I figure this out.
I’m with you WooWoo, I love to swim in pools. Our condo has a salt water pool now which I hope is safer than chlorinated ones.
@ Richard Ginoza:
‘ boocoo’ is certainly unsubstantiated because it doesn’t exist.
beaucoup is your word. Sloppiness can be expensive. Ask you lawyer friends. Spelling counts
op
Especially when using someone’s name.
The problem with Mr. Fried and others like him is that they *only* take the multimillion dollar cases. Your readers might be surprised to discover how difficult it actually is to find a good attorney in cases like this; and especially surprised if they find out the hardest way -when they actually need one.
This is too true. All I had to do was say Queen’s Medical Center or 1st Isurance of Hawai’i and they were done listening to me and could not help me. It is the same with getting a doctor. Try calling up any electrophysiologist and request an appointment with WC from 1st insurance, you can not even get a consult. I did this for hours after being released from the hospital when the device malfunctioned and sent 41J of energy into my heart.
Found this posting interesting. At first it seemed like it was meant to be an example of how insurance companies still deny coverage and try to avoid payouts etc.
Having 30+ years experience working in emergency rooms and Intensive Care Units I have extensive experience dealing with life threatening “airway” issues and the consequences. More recently I have experience helping to assess MedMal legal cases for law firms.
The story as written leaves out some information. Some of the facts may have been unknown to the person involved because they were unconscious while being resuscitated. The swim pool water maintenance theory may be valid but this is not a common cause for respiratory/airway failure. It could have happened like that however.
The malfunctioning AICD is another part of this story. MedMal lawyers love defective medical device cases. If the victim had a lawyer, it is hard to believe they didn’t fully explore this.
Based on my experience, this person needs a real lawyer to represent them. That is, a lawyer that the victim has paid and who is representing him or her after being paid for advice. Not the insurance company’s lawyer, not the hospital’s lawyer, not the medical device manufacturer’s lawyer and not a friend who is a lawyer.
A real medical malpractice lawyer would be very interested in looking at this case. Until the victim retains the lawyer and gets real legal advice, efforts to involve media and gain sympathy won’t really address the needs of the victim.
I may be reading between the lines here, but, if someone (hospital? MD?) advised the victim that he/she had no case…This is a lack of legal representation case.
Unfortunately due to someone reading this blog and giving to 1st Insurance of Hawaii, it has to come down. I am very upset that my 1st amendment right has been now taken, but I will have consequences against me if it is not. I do appreciate all the kind and helpful words, and am very discouraged that someone would take the side of a corrupt system and help them prevail further. There is a lot more to this story, as some have pointed out that their are holes in the story. If you are at all curious as to what chlorinated swimming pools do to a swimmer’s airway there are many publications out on it and a lot of current research on swimmers asthma and anaphylaxis. I have more than done my research on what happened, and now I am being stopped from sharing it so that it does not happen to another person.
Mahalo