Family seeks justice for alleged medical malpractice

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Updated: 7/21/2011 9:09 am
SAN ANTONIO -- A San Antonio family is seeking justice for their little girl.  She nearly died after they say an Army doctor over-prescribed her five times the medication her little body could handle.

"This is when we were being sent home telling us we were being over-reactive parents," said Lizzy's mom, who preferred not to be identified.  She showed us graphic pictures of the bright red blisters that covered 10-year-Lizzy's skin.

"She was in acoma for 17 days."

Her mom says while the military family was stationed in Germany, an Army doctor over-prescribed Lizzy massive amounts of seizure medication that burned her from the inside out.

"It actually felt like my skin was on a stove," said Lizzy, who is now 18 years old.

The frightening condition put her in the hospital for more than two months.  Since then, life has never been the same.  Before the burns, Lizzy was an athlete and a model.

"She lost her childhood, and we lost seeing her grow up," said Lizzy's mom.

"It's been hard," said Lizzy, holding back tears.  "Especially around summer."  While her friends are out in their summer bathing suits, Lizzy is stuck indoors.  Doctors say the sun's powerful rays would scorch her burned skin.  And even 26 painful surgeries over the last several years couldn't take away all the scarring.

"Sometimes I look in the mirror and just see scars," said Lizzy, breaking down into tears.  "And I wish I didn't see that."

The overdose also left Lizzy with very poor vision.  And much of the damage to her internal organs is still unknown.  After years of negotiations, the Army's claim department recently came back with an offer to compensate Lizzy for her pain, suffering, and permanent loss -- $235,000.  To her mother, the offer is a slap in the face.

"It's more of an insult, really," said Lizzy's mom.  "You've insulted me, and you've insulted my daughter, basically saying that's all she was worth."

And for her future burn-related medical care, the Army attorney offered $260,000.  Lizzy's family says that money will be wiped out in just a few procedures.  Lizzy's lawyer rejected the offer, and is asking for more. 

News 4 WOAI contacted the Army claims attorney who is handling Lizzy's case.  He said he couldn't discuss any details due to the Privacy Act.

But we found out even if the Army comes back with a higher offer for Lizzy's pain and suffering, it won't be what the family feels they deserve.  Because the medical malpractice happened overseas, it falls under the "Military Claims Act," which caps compensation at $500,000.

Lizzy's parents say they just want the Army to be held accountable, and to provide her with the future care she needs.  Her medical bills up until now have been covered under dependent military healthcare.  But that coverage will cut off when Lizzy turns 23.

In our research, we found out that there is a way for military families to check up on malpractice claims against military doctors.  While there is currently no national database for military families to check, you can check with the state medical board where the doctor is licensed.  But according to our research, only some state boards report malpractice investigations to the public.  Texas is one of them.

Army officials say every Army doctor, even those practicing overseas, is licensed in at least one U.S. state.
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The views expressed here do not necessarily represent those of News 4 WOAI (WOAI.com)

Lawtalkingguy - 7/23/2011 9:02 AM
0 Votes
Paul and Questioner - As one who has defended many medical malpractice cases, I can tell you that it's highly unlikely the kind of money being put on the table would be there if this were simply a matter of a disclosed potential side effect causing this condition. If informed consent had been obtained and this is simply a listed side effect of the drug in question, this would be a slam dunk for the defense. The response from the government would be nuisance value. What's on the table is within $5,000 of the statutory limit, as I understand it from the story. That's no nuisance value settlement, so it suggests to me that even the government feels there is something to these allegations.

perezdm2 - 7/23/2011 6:57 AM
0 Votes
This is to Questioner - you are also correct, hec yes we are seeking money from the Govt....to cover my daughters medical costs. If you were a parent (which I am assuming you are not, because of your comment) you would do exactly the same...I would hope. The Army was given a waiver by our attorney, they will have another opportunity to respond along with all the doctors that were involved in her medical malpractice. As I stated in another comment block, please friend me on facebook "Michelle Perez" where you can view all the graphic pics of what happened to my daughter through gross negligence. As I said before we have never had to prove this was negligence that was determnined back in 2004 when the doctor that overprescribed the meds turned herself into her Commander, and came and told us what she had done. The offer from the Govt is already an admission of guilt in itself. Do you think they would pay out if I was "just trying to get money" from the Govt? I dont think so. We have never asked for money, it had always been just for medical expenses, that the least they could do.

questioner - 7/22/2011 6:12 PM
0 Votes
Paul777 -you are correct. This is only one side of the story; we all know that there are always two sides. This family is seeking money from the government. The government cannot speak without the family's permission, as you note. The report says the family did not give permission. WHY? If this presentation is the truth, why not let the Army comment?

Princessleah - 7/22/2011 5:21 PM
1 Vote
Please log on to Michelle facebook page and friend her so you can all take a look at the horrendous pictures, only then will you begin to understand the extent of lizzys ordeal, I promise you then not one person will be able to say one negative comment

perezdm2 - 7/22/2011 3:04 PM
0 Votes
FDNY - not sure if I understood your comment correctly, you said "Um, so basically let's wait ten years to "seek justice" and then get picky over the money we get as compensatio". We did not wait ten years at all, this happened in 2004 and we had an attorney by late 2004, this has been going on for YEARS. We did not get "picky" over the offer they made, we were OUTRAGED. My daughter was 10 when this happened to her, she is now 18, 26 surgeries later (as she can only have 2 procedures a year now) numerous amounts of time of school to recover then to play catch up all the time with her school work. The lotions and creams WE have had to pay for because its "not cost effective to the govt" long sleeved garments, gas for 8 years worth of hospital visits and procedures, etc etc etc I could give you a list, and all we asked for in return was for the govt to cover her future medical bills AFTER my husband retires and her benefits cease at 23. She will be a very difficult person to insure, making her medical bills outrageous. So if you want to call it "picky" or whatever else, then hec yes I am. I will fight heaven and earth to get my daughter what she deserves from the mistake a doctor made, not through any fault of my husband or I or my daughter, but a doctor that already admitted overprescribing in 2004. That has never been a issue, we are just trying to get medical for my daughter and make sure is taken care off.

perezdm2 - 7/22/2011 2:52 PM
0 Votes
Paul777, I am Lizzy's mum and just wanted answer some of the questions you had. Yes SJS can occur from seizure meds and it is stated on the label. My daughter actually went from SJS to TEN (Toxic Epidernal Necrolysis) as she had over 70% contribution. I think I may have mentioned earlier that she burnt 90% externally and 70% internally. Lizzy was OVERPRESCRIBED the medication 500% and also kept on Depakote which the two mixed together had a near fatal outcome. This story is not new, NEWS4 also ran this story in 2005. The Army doctor that overprescribed the meds turned herself into her Commander and came and told us what she did. We have never had to prove it was medical malpractice, that was determined back in 2004. Someone else had also mentioned about have a life care plan done...we did, twice, and paid $2500 for each one from a professional, which the Army shot down twice. They wanted to pull in the medical expert, who of course down played everything and reduced the amount dramatically. Conveniently the Military Claims Act comes in because we were stationed in Turkey when this dreadful ordeal happened. If my husband was to commit a crime while overseas he would be tried as if in the US, so what's the difference, it was a US doctor that overprescribed the meds and a US hospital on base that kept sending us home saying we were "over reactive parents". The Army have already admitted to guilt by offering a pathetic payout...really it took them 8 years to offer the insulting offer they made. We had never sued for money, so to all those that think its about money, you are wrong. We want Liz's medical care covered for as long as she needs it that pertains to her injury. If anyone would like to see graphic pics of what happened to her please go to my facebook page...Michelle Perez, San Antonio, TX and friend me. Thank you

Princessleah - 7/22/2011 7:37 AM
1 Vote
***** few procedures!! My sister is in no way out to make money out of this as they are asking for enough to treat Lizzy for the rest of her life as needed. This was a massive, massive mistake and the Military should be held accountable, they have admitted fault but of course want to brush it under the carpet, if only Lizzy and her family could do the same. Its not just the visible and physical scaring, what about Lizzy's mental scaring, I have been getting ready to go out for dinner with Liz while she gets ready and then breaks down in tears beacuse all she see's is scars, please remeber Lizzy was just 10Years old when this happened and when my sister and Dave were told to prepare for the worst as Lizzy would probably die on the flight to Germany as doctors on board tried to keep her alive. Like I said I have not even scratched the surface on this story and how this family have kept together through strong will and Love. My sister is one amazing individual who I admire every day of my life, her determiantion to bring justice to Lizzy is commendable and she/we need all the support we can get to make the Military doctors pay for their mistake which Lizzy is and will be paying for, for the rest of her life!! If the Military are not accountable then their side of this tradgic story would be on here as a follow up regardless of any "privacy act" as my sister has already given permission for them to do, it isnt on here because there is no excuse, they made a huge mistake and the sooner this is over with the sooner Lizzy and her family can rest assure that her medical needs will be met for the rest of her life. Please keep supporting her and help obtain the justice this brave, amazing young lady deserves. Love you guys xxxxxxxx

Princessleah - 7/22/2011 7:20 AM
1 Vote
I am Lizzy's Aunty in England and I can not stress enough how this story does not even begin to reflect the pain and suffering this (my) family have been through. To you Paul777, did you not watch the VT!! how can you dare to post that my sister and her family are just out for compensation by stretching the truth, Dave, Elizabeth's father has served in the Military for 20Years and they have been stationed all over the world and this is the thanks he and his family have received for nearly killing Lizzy! I have watched my sister and her family be dragged to hell and back over the last 8 Years and my sister nearly suffering nervous breakdown with the pure shock of what has happened to Liz because one doctor did not follow the correct procedure when administering the drugs to Lizzy and then overdosed her, that doctor by the way resigned her self from practising medicine and admitted fault. I have flown to America every year to visit and I have watched Lizzy grow from a child to a young women and I do not know a braver, more beautiful and poised young lady. Lizzy has undergone over 26 surgurys to try and reduce the scars, each surgery more painful than the last, she has to be knocked out for each Laser procedure as it and I quote from the surgen "feels as if there will be a red hot iron all over Lizzy's body" her body seeps blood and she is bed ridden after each one. There is not eneough room on this blog for me to even begin to scratch the surface, Liz has lost so much of her childhood and spent the majority of it in and out of hospital, the Burns unit in the San Antonio hospital has been amazing and Lizzy is known as a medical marval there!! Lizzy will need medical treatment for years to come if not for the rest of her life and thats without knowing the full extent of the damage on the inside her body, if she will ever be able to have children and become a mother her self, the rediculous offer the Military have come up with so far will be wiped out after a *********

ShazS79 - 7/22/2011 4:39 AM
1 Vote
Lizzy and her family deserve far better than this! Even "if" you take away all the emotional tragedy that the family has faced over this, the bare fact remains. Lizzy has been left with a lifelong need for medical assistance (the full depth of which may not be known for a long time)and the army doctor who overdosed Lizzy was responsible for that. There should be no argument against them having to provide her with the compensation to meet her medical needs for the rest of her life, no matter what this costs. Being English I don't know how the legal system works in Texas but over here you don't get offered compensation unless somebody is guilty, therefore the armies pathetic offer already confirms their admission that somebody was at fault. If this is the way we treat armed force personnel, those who put their own lives on line to defend our freedom, countries and peace, then I am DISGUSTED! To Lizzy and family, Stay strong and keep fighting, we all know you are in the right and hopefully soon others will see that too. S Settle UK. x

loftusfamily - 7/22/2011 4:34 AM
0 Votes
This family has been through so much already. I am shocked and appalled to see any sort of negativity on this board or even question this story! This family is NOT out for attention nor money. They want justice and they should get it. Whether it was a military doctor or civillian, the fact is they didn't just make one mistake with Lizzy...they continued to make many mistakes until Lizzy almost died! Her family had to endure so much and almost lost Lizzy. Her siblings suffered in a different way during this time too. This affected all of them for a very long time. Lizzy will need ongoing medical care for years and years to come. I believe that it is by far the least the military can do, is to pay for all medical expenses since this was their own fault! Our heart and prayers are with you all and have been since this tragedy happend. We are now praying that you get the justice you deserve xx
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