Colorado Law Blog

A former New York oral surgeon has agreed to plea bargain on charges that he was the mastermind behind a grisly plot to plunder corpses and sell body parts for transplants. New York prosecutors say Michael Mastromarino, 44, was making millions by covertly carving up hundreds of corpses at a Brooklyn funeral home and selling the parts for dental implants, hip replacements and other procedures nationwide. The story first broke in October, 2006, see Modern Day Body Snatchers.

The cadavers were looted without permission and without regard to diseases, resulting in an untold number of patients unknowingly exposed to infection. Among the bodies was that of "Masterpiece Theatre" host Alistair Cooke, who died in 2004.

Photos of exhumed corpses that were boned below the waist were released by authorities. Prosecutors said the defendants had made a crude attempt to cover their tracks by sewing PVC pipe back into the bodies in time for open-casket wakes.

Mastromarino entered the guilty plea in exchange for 18 to 54 years in prison. New York prosecutors later regretted the arrangement and tried to have the bargain set aside, but a New York judge upheld the terms. Mastromarino also faces charges in Philadelphia where he expects to plead guilty as well, and has asked the court to allow him to serve any sentences concurrently.

Posted by Linda Chalat at 01:50 PM | Permalink | Comments (0) | TrackBacks (0)

A jury awarded a Tucson family $6 million in a lawsuit brought after an ailing 81-year-old relative died of a morphine overdose.

Mary Culpepper and two other relatives last month were awarded $2 million each, with the cost to be paid 90 percent by operators of a nursing home, Manor Care Health Services, and 10 percent to be paid by Tucson Medical Center.

Culpepper sued Manor Care, TMC, a doctor, nurse and pharmacy over the Dec. 8, 2003, death of her mother, Sylvia Culpepper. She was admitted to the medical center on Dec. 2, 2003, suffering from sciatica, a painful nerve condition.

On Dec. 4, 2003, she was prescribed 15 milligrams of morphine twice a day. Two days later, her dosage increased to 30 milligrams, twice a day. When Culpepper was transferred from Tuscon Medical Center to Manor Care, prescription orders contained both dosages. According to the lawsuit, the Manor Care staff failed to note the discrepancy in the prescriptions and gave her both dosages twice a day. An autopsy determined that Culpepper died of acute morphine intoxication. According to the jury's verdicts, the doctor, nurse and pharmacy weren't to blame for the death.

The increasing frequency of nursing home abuse is a sad consequence of our aging Baby Boomer population. It is a national problem recognized by the U.S. Dept. of Human Services, with the creation of the National Center on Elder Abuse (NCEA), where it is estimated that between 1 and 2 million Americans age 65 or older have been injured, exploited, or otherwise mistreated by someone on whom they depended for care or protection.

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More than 17 teens die on a typical day on American roads during June, July and August – the three months with the highest teen crash rates. According to the National Highway Traffic Safety Administration (NHTSA), nearly 6,000 teens die in car crashes every year, a statistic that hasn’t changed in more than a decade. While research shows that both parents and teens believe alcohol is the cause of most crashes involving teen drivers, the primary causes of most teen crashes – between 2003 and 2005 – was driver error (87 percent).

A study released last week by Allstate Insurance Company identifies “hotspots” where fatal teen driving crash rates are highest. The study examines recent federal crash statistics, Allstate claims data on teen collisions, and U.S. Census bureau statistics to score metro areas across the nation on rates of fatal crashes involving teen drivers. The “Allstate America’s Teen Driving Hotspots” study found that the 10 deadliest hotspots among the nation’s 50 largest metro areas are concentrated in the southern United States and include three in Florida.

The study also found that, across the U.S., fatal crash rates for teens are double in rural areas compared to cities and suburbs. Nationally, of the 43,437 fatal crashes involving teen drivers from 2000 through 2005, 29,998 were in metro areas. But the average rate of fatal teen crashes in rural areas nationally is 51.5 annually per 100,000 teens, compared to 25.4 in metro areas. The greatest disparities in rural over metro crash rates was seen in Florida, with Delaware and Utah also posting significant differences.

Of particular concern to Colorado families, Denver is first in the nation for fatal alcohol- and drug-related car crashes involving teenagers. When drugs and alcohol aren't factors, however, the city ranks 60th for crashes that kill teens, the survey of the nation's 100 largest metro regions indicated.

The study reports that in 42.5 percent of the Denver metro region's fatal teen crashes speed is a cause, 21.2 percent involve alcohol, and 10.6 percent are drug-related. Failure to wear a seatbelt was a factor in 38.1 percent of the fatalities. Sixty-five per cent of the teenage victims in Colorado fatal crashes are boys, the study found. Fifteen-year-olds in Colorado make up 4.7 percent of the victims; 18.1 percent are 16-year-olds; 23 percent are 17-year-olds; 27.5 percent are 18-year-olds, and 26.7 percent are 19-year-olds.

Posted by Linda Chalat at 10:50 AM | Permalink | Comments (0) | TrackBacks (0)

Ever wonder about the new doctor with whom you just scheduled an appointment? Or perhaps you are curious about the specialist chosen by another physician or hospital to make a critical review of your records? Now you can find out at least basic information as to a physician’s complaint history. During the 2007 Colorado legislative session, House Bill 1331 was passed, making physicians' criminal and malpractice records available to the public. The bill was signed into law by Governor Ritter on May 24, 2007. The new law appears in the state statutes at C.R.S. §12-36-111.5.

The mandated on-line information can be found at: https://www.doradls.state.co.us/alison.php

The Colorado Department of Regulatory Agencies (DORA) provides the following FAQ’s:

Is it possible to get a copy of a Board action taken against a physician?

Yes. Board actions taken against physicians are public information. You must provide a written request to the Board listing the name(s) of the physician(s) about whom you are inquiring. Your name and address must be included in order for the Board to mail you the requested documents.

How do I check to see if my physician or physician assistant has had discipline?

Search the Automated Licensure Information System Online (ALISON). Or for a monthly list of physicians who have had action taken against their license by the Board, visit this web page.

To request a copy of public action taken, send the required information to:

Department of Regulatory Agencies
Board of Medical Examiners
1560 Broadway, Suite 1350
Denver, CO 80202

For an on-line search the following documents may be found:

The following information WOULD appear on a record under Board or Program Actions if applicable to the licensee:

If a licensee had been disciplined or formally accused of wrongdoing by the Board or Program.
If the Board or Program has taken some other non-disciplinary action against the licensee that restricts or limits the individual’s license.
Entry of Final Judgments by a court against a physician or physician assistant in a civil medical malpractice or professional negligence trial that occurred after August 3, 2004.

The following information WOULD NOT appear on the licensee’s record if applicable to the licensee:

License denial information regarding applicants
Complaints made to the Board or Program
Investigations conducted by the Board or Program
Misdemeanor or felony convictions reported to the Board or Program
Hospital or facility actions reported to the Board or Program
Malpractice judgments (except as noted in #3 above) and settlements reported to the Board or Program. This information may be available at the local county courthouse.
Any information required to be kept confidential by law.
Please note that if any of the foregoing resulted in disciplinary action by the Board or Program, that information would be disclosed under Board or Program Actions.

Board/Program Action Documents available via Registrations Online Documents (ROD):

All Stipulations, Final Agency Orders, and Suspensions that were in effect in February 2000 plus any that became effective since that date. Child support suspensions are not available online but may be obtained by contacting the appropriate Board.
Any document Revoking or agreeing to a Voluntary Relinquishment/Surrender of license or registration, Cease and Desist Orders and Letters of Admonition from January 1, 1999 to the present.
All Injunctions.
All Notice of Charges or Formal Complaints, if the information is a public record, for cases that were pending hearing as of February 2000. Note: This is not the complete record of the case. A Response and other pleadings are normally filed and may be obtained by contacting the Division of Administrative Hearings at 303-764-1400.
Entry of Final Judgments by a court against a physician or physician assistant in a civil medical malpractice or professional negligence trial that occurred after August 3, 2004.

Posted by Linda Chalat at 02:41 PM | Permalink | Comments (0) | TrackBacks (0)