Archive for the ‘Lawsuit’ Category

Let’s Close the Book on This One

Posted: April 14, 2013 in Lawsuit

After almost one year since it was filed, the lawsuit has been resolved to the satisfaction of all parties.   I have no further comment on the lawsuit.

There are some people who deserve serious thanks.  There are actually a lot of people.  I wish I could spell out and acknowledge who they are and what they did, but that would only cause some embarrassment and unwanted attention for them so I will just say how much I love them and appreciate their support.  My family most of all… I would have never survived without their support.

My attorneys.  Wow.  What an awesome bunch of guys:  Charles, Mark, Eric, John… I could not have been in better hands.  I appreciate all that you have done for me.   (And, many thanks to SB for helping me find John in the first place!)

Now… What’s in the Future…… ????

The blog continues, and as always, it will be at my expense. (I guess it goes without saying that, to date, I’m quite “in the hole” financially for having maintained it.  Great lawyers don’t work cheap.)

If you feel you have been mistreated by UBH Denton or Mayhill, contact me at info@ubhdentonsucks.com    I will happily refer you to one of the sharpest, toughest legal minds in Texas.  She is a class act and I only wish I had met her before I dropped my lawsuit against UBH back in the day.  Maybe things would have been quite different if I had.

Media inquiries should be directed to me at info@ubhdentonsucks.com   Please be advised that I cannot and will not discuss the lawsuit beyond anything that is already a matter of public record.  I can, however discuss my experience with UBH on all other matters, and I very willing to do so.  I have a group of people who are ready, willing and able to speak to the media about their experiences, too.

Until next time……

UPDATE ON 3/25:   I have heard from a very reliable source that the Denton PD is already investigating the death.  I will post more updates as I receive information to share.  

Original Post from 3/24 follows:

Either someone is seriously screwing with me…or the problems at these hospitals are far worse than even I imagined.  Today someone posted a comment on my site reporting a death at Mayhill Hospital in Denton.

mayhilldeath

I’ve included a screen shot of the actual comment, but if you want to see it in its original form, click here.  

Naturally, I’ve sent this on to my attorneys.  Other people who follow the site who have lawsuits pending tell me they have sent it to their attorneys.  But…here’s the real question…. will it make any difference?  Will anyone actually DO anything?  Will the local paper do anything?  The Denton Record Chronicle has been contacted numerous times about this situation, by me and by others I know. They’ve never done a thing.

I’ve corresponded with Byron Harris, of WFAA in Dallas….. I gave him the name of every witness and contact I have.  He said none of them would return his calls.  They said he never contacted them.
Oh, and I’ve reported them to the almighty Joint Commission .   I put absolutely zero faith in that organization, and, you can read the why of that by clicking here. 

 I don’t know what to believe, other than there is so much indifference  about this situation that it may just not matter at all what has happened, or what will happen next…. but….. I’m not giving up just yet.  I have to have faith that what has happened to me, and, what has happened to other people–including the people who are gone and can no longer speak for themselves–will not be in vain.  It just can’t be. 

http://blogs.wsj.com/venturecapital/2013/03/04/ascend-health-founder-weighs-in-on-whats-changed-after-sandy-hook/

“…doctor and entrepreneur Richard Kresch has announced he will launch his third company to acquire or start up short-stay mental-health facilities that take a different approach to treating acute mental problems. 

“Kresch’s last company, Ascend Health, grew to be the country’s largest private psychiatric hospital company before it was acquired last year by Universal Health Services for more than $500 million. He spoke with VentureWire about his newest company, US HealthVest, which has launched with $36 million from Polaris PartnersFidelity Biosciences and other investors.”
More here…..

http://finance.yahoo.com/news/us-healthvest-gains-36-million-140000274.html

My favorite quotes from this piece:

“Through our past work, we have developed a strong reputation for working closely with local communities to meet unmet needs by creating important and impactful patient-focused facilities.”

“Polaris Partners is excited to back Richard and his strong team again as they make important contributions in this area of great need.”

 

Goldman Blog

Posted: March 21, 2013 in Lawsuit

Here is our case, featured again on another blog:

http://blog.ericgoldman.org/

Thanks to Mr. Goldman for a fair and unbiased analysis.  We appreciate you.

Zombie Law!

Posted: March 19, 2013 in Lawsuit

Thanks to the blogger at Zombie Law who posted this story, and for his/her good wishes:

 

http://zombielaw.wordpress.com/2013/03/18/copyright-and-libel-suit-against-blog-criticism-of-psychiatric-hospital/

I’m BAAAAAAAAAAAAACK

Posted: November 9, 2012 in Fighting Back, Lawsuit, Who Am I?

So UBH and its parent company were sold this year, as expected.  For over $500 million, as I understand it.  Meanwhile…. they have left ME hanging.  They sued me for about $6 million they knew I didn’t have, and, now that their lawyer is pushing up daisies and they have $500 million in the bank…and their former investors like Brian Chee at Polaris Venture Capital have feathered their nests all the more….what’s left?

I’ll tell you what’s left…. the HOPE that new owners Universal Health Services, Inc., will clean up the atrocities that are UBH Denton and Mayhill Hospital.  I am optimistic about that, I have to be.  Why?   I can’t have gone through all this for nothing.  When I was waiting out the early days of the lawsuit, all I could say to myself was “I did what was right… I did what was right….”

And, I did.  I’ve saved a lot of people by going public with my story and I don’t regret it.  Here’s the thing I don’t get….

They say the world is full of frivolous lawsuits, right?  And my lawyers are simply amazing southern gentlemen who are truly wonderful and compassionate men, so please don’t think I’m complaining about what they charge, because they’ve been super gracious and wonderful to me and they are worth every penny they bill for…..

…but is it really fair that to date I’ve had to spend tens of thousands of dollars to sit around and wait for Richard Kresch, Atique Khan, and the now sold Ascend Health, to…..fish or cut bait?  They apparently don’t have the desire to finish what they started.  I guess with $500 million in the bank Dr. Kresch is too busy thinking up his next big venture to worry about little old me anymore, especially since he’s no longer going to be impacted if UBH is shut down or loses its license.

And years ago they threatened to come after ME if I didn’t drop MY suit against them, alleging it would be frivolous.  <shaking my head>

So, for now, I have decided that I have to get back to work on my site.  Please send your stories and your questions to me at info@ubhdentonsucks.com    I’m in this for the long haul…..

Update

Posted: August 23, 2012 in Fighting Back, Lawsuit

As promised, I am not going to share all the details of the legal proceedings in my blog.  But, because some of you have continued to stay in touch, I will at least keep you abreast of happenings that are public record.

First of all, I love my legal team.  They’re wonderful men who represent me well.  They are true gentlemen and scholars.  If you have a bad impression of lawyers, let me just say you’ve probably never met anyone like these guys (because you’ve probably never been sued for $6 million-ish bucks!)  Let me just say working with a team like this makes a lawsuit a lot more pleasant than it would otherwise be.

Meanwhile, we’ve both filed rounds and rounds of papers and both sides have run up enormous legal bills that will only get bigger, I suspect.  And, that’s without any of us seeing a courtroom yet.   What a great use of resources in an economy like this one!   It’s sickening, really, to see the right to freedom of speech costing this much, but apparently that’s the trend these days.  Big business doesn’t like what you say?  They just SLAP you with a lawsuit.  Most folks cannot afford to defend themselves, so it silences them.  And, it can also bankrupt them, too.

I continue to caution all of you who may have stories to share about an Ascend Health facility to NOT put them in writing to me unless you want to risk being on the receiving end of a lawsuit, too.   I can, however, continue to refer you to an excellent attorney in Texas who will advise you of your rights, if you feel you’ve been mistreated by one of these hospitals.   Just e-mail me at info@ubhdentonsucks.com and send me your phone number or just ask for the lawyer’s name.  She’s one of the good guys, and, I wish I had found her back when all this started.  I suspect I would not be in the mess I’m in now if I had.

Today I treasure my right to freedom of speech a little more than I used to as a result of all this.  I hope you treasure your’s too.  Just remember, sometimes it comes at a very high price.   Until next time….   I’ll shut up!

 

After a much-needed break from this website (when you’ve been sued for $6 million, it does take something out of you), I’m baaaaaaaaaaack!  Let’s start with a puzzle.   Let’s see if anyone can unscramble this one….

yjprreu

It’s a good one!

I have thoroughly enjoyed helping each and every person who asked me for help with their situation regarding UBH Denton.  As much as I hated seeing anyone go through the nightmare that I went through, it was vindicating to know that it wasn’t “just me.”

But, please please please…. if you are dealing with UBH at this point in time, do NOT write me or post any comments to my blog.  You see, Mr. John Dozier, of www.cybertriallawyer.com, thinks it’s all in good fun to name everyone who posted something that Richard Kresch and Atique Khan didn’t like as co-defendants in the lawsuit against me.  If you post anything on this blog, even as an innocent comment, you could ultimately be named as a co-defendant as well.  Don’t risk it.

IF you need help or advice, please e-mail me at info@ubhdentonsucks.com with your phone number and ask me to call you.  I will call you back as soon as I can, and then I can give you the name of an attorney who will help you, and, I can answer any questions you have.  But, do NOT write anything on my blog as a comment, please.  You are leaving yourself wide open to have John Dozier try to make an example out of you and I’d hate to see you have to spend the kind of cash I’m spending on a lawyer just because you feel the need to tell the truth about this “hospital.”  I just have to put that word in quotes because it’s NOT a real hospital in the medical sense of the word, IN MY OPINION, WHICH I AM STILL ENTITLED TO.  

As much as I hated seeing anyone else go through the hell that I went through, it has been a pleasure to help everyone who needed me when they had a loved one stuck in this “hospital.”  It made something positive come out of my experience.  And, if I lose the lawsuit?  I still win, for two reasons:

1.  I’ve managed to show the true colors of UBH and Ascend and Richard Kresch and John “Bull-y” Dozier.  (Yes, John, I’m calling you a bully.  Because IN MY OPINION WHICH I AM STILL ENTITLED TO, I think you are one.)
2.  I know, in my heart, I did the right thing the entire way through, and, I did it for the right reasons.

This post, and this entire website, is dedicated to Jack. 

http://blog.polaris.vc/2012/06/04/universal-health-services-acquisition-of-pvp-backed-ascend-affirms-new-model-for-behavioral-health/

Yes, I realize it’s all about the money, but IN MY OPINION (and yes, I can still have one, even if I am getting my pants sued off), that’s kind of how it was when I was in UBH…. all about the money.  That, IN MY OPINION, didn’t do much for the quality of care I got or the success of the treatment.  It was just about the money.  And if you’re a good business person?  That will make perfect sense to you.  Until someone you love–someone who is important to you–ends up in a hospital like this.  Just ask my son.  Or my parents.  Or my then-boyfriend.

And by the way, I posted this comment to their blog post. It is “await moderation” and I’m sure it won’t make it to publication, but, I wrote it just the same and I’m proud of it:

ubhdenton on June 17, 2012 at 11:45 am said:Your comment is awaiting moderation.

“I have debated for a week whether or not to post here.  And I figure, “What else can Richard Kresch and Ascend “Healthcare” do to me?”  You’re already suing me for $6 million.

“Mr. Chee needs to seriously look at the business practices of his boy, Richard, before bragging about how he “improves” healthcare services.  I don’t begrude you the right to make such an astronomical profit, but please do not mislead the public about how you did it.”

 

FYI…. they didn’t ever publish my comment on their blog, at least not as of this writing.

Check out all the good news going on over at Ascend Health…   http://www.bizjournals.com/boston/blog/startups/2012/06/polaris-venture-partners-reports-10x.html

Today I also stumbled upon this little gem of a website that you really must read about another Ascend health facility that I have not focused on much since it’s unfamiliar to me.  In particular, look at the comments section and note the similarities between the things said on my blog and what these people say about this facility:

http://thelundreport.org/resource/private_cedar_hills_hospital_raises_eyebrows

In particular, note this doctor’s comment (reprinted in its entirety, and without any editing, but I’m putting certain parts in RED for emphasis).

“I’m a doc that has worked for companies like this one. First: don’t believe *everything* you read above, BUT believe a lot of it. Second: When you hear “It’s all about the money,” you can be sure that is correct when you are talking about administration. If the staff wanted to make money, they would have picked different careers. The trick is figuring out if the company has a balance between profit to stay open/relevant and providing high quality care. When you hear how miserable the staff is at a place like this (search the net for staff satisfaction scores), you can be sure that the place doesn’t have a decent balance. If they treat the staff like rubbish, they will have rubbish for staff…So Third: look at the history of the corporate leadership. They’ve built several low-quality profit machines and sold them quickly. Do you want those guys directing your program?”

Sing it Nelly…. “Haaaaaaaaaayyyyyyyyyyyyy… it MUST da Money!”

http://articles.philly.com/2012-06-04/business/32032762_1_health-care-hospitals-facilities

So you’re a company that can get $500 million for your hospitals…. what can my little measly $6 million (which I don’t have, as you know) contribute to the kitty?

“A lie gets halfway around the world before the truth has a chance to get its pants on.” — Winston Churchill

Four weeks ago today I got smacked upside the head with the lawsuit.   I confess…the first few days I was in shock.  It’s embarrassing, frightening, and unnerving on a good day, but even moreso if you are flying to another continent 12 hours after being served.  Trust me, that is one miserable plane ride.   But, eventually I found a wonderful group of attorneys to represent me and the rest of my trip was delightful and I haven’t lost too much sleep over it since.

As I have proven having survived the last 4+ years, what doesn’t kill me just makes me stronger.   This lawsuit experience is no different.  It’s going to be messy and expensive, but, it’s going to allow the truth to finally get its pants on and catch up to everyone who needs to hear it.  As my buddy Winston C. would say….

“The truth is incontrovertible. Malice may attack it, ignorance may deride it, but in the end, there it is.”

Meanwhile, I’m finding lots more great quotes from Winston Churchill that seem to apply to this situation and I’m enjoying reading more and more about him.  Here’s another one I am very fond of:

“One ought never to turn one’s back on a threatened danger and try to run away from it. If you do that, you will double the danger. But if you meet it promptly and without flinching, you will reduce the danger by half. Never run away from anything. Never!”

Okay, I won’t!

“You have enemies? Good. That means you’ve stood up for something, sometime in your life.”

“If you’re going through hell, keep going,”

“Never, never, never give up.”

All of these quotes are by the same wonderful and courageous man, Winston Churchill.  Cheers to him!

.

On March 7, 2012, a private investigator showed up at my door and served me with a lawsuit filed by Ascend Health Corporation, UHP, LP (d/b/a University Behavioral Health of Denton), Richard Kresch, M.D., and Atique Khan, M.D.  They ask for a bunch of money they know I don’t have, plus ownership of all my websites, which include this WordPress blog and http://www.ubhdentonsucks.com

I have entirely too much respect for the American legal system to drag all the details out here on a blog, plus, that would be kind of stupid on my part. So, don’t look for updates or notices about how things are going.  I guess as long as the site is here, you’ll know I haven’t gotten my butt kicked.  If it disappears?  Well, you’ll know I have shoe prints on my backside.  But, I did think that everyone who chooses to do business with UBH and Ascend Health should know how they operate, in addition to all the other things I’ve revealed on my blog to date.

The date I was served with the lawsuit corresponded with my departure the following day for a three week trip overseas. And in Federal court, you have 21 days to respond to a lawsuit.  How convenient for them that they had such fortunate timing to serve me less than 12 hours before I left for the airport!  I wonder if that unfriendly private investigator who served me had been keeping an eye on me?  I can’t prove that, but it sure seems like convenient timing that I got served when I would be at the greatest disadvantage.

It is my opinion that it was also quite unsportsmanlike of them to refuse my request for an eixtension of time to respond to the suit, given the circumstances.  But hey, that’s John “Bull Dozier” Dozier, the  www.cybertriallawyer.com for ya!

Please note I did NOT make up that nickname, nor am I calling him “names.”  The “Bull Dozier” moniker is featured in an article that he shares on his own website, in an article about being a SuperLawyer (2006).   Apparently he is a Super Lawyer!  Well, I take that back… he was in 2006 and 2007 but not now, at least according to the Super Lawyer website.   (I have to wonder what caused him to lose his super powers?)

There was never any attempt to talk this out, or even to send me a nasty letter.  For those of you who think that our court system is used frivolously, just consider that they filed a lawsuit for millions of dollars that they know I don’t have before simply asking me to stop blogging, which they never once did.

Now Mr. Dozier can call all of this “defamatory” if he likes, but, the truth is never defamatory, nor is a personal opinion.  Everything noted above is either the truth or it’s an opinion I am sharing with my readers.

I have always been completely candid and transparent about who I am and why I’m doing this.  I’ve helped a lot of people since I launched this site in September of 2010.  So, even if I lose… even if a judge orders me to stop blogging about this company?  I still win because I did the right thing and I stood up for what I believed in.  I also stood up for myself against a bully.  My family is proud of me for that, my friends are proud of me, and I can look myself in the mirror and sleep well at night.  I wonder if the plaintiffs in this lawsuit can say the same thing?

As you can see from my recent posts, I’m on the receiving end of a lawsuit field by UBH’s parent company, Dr. Richard Kresch and Dr. Atique Khan.  In the interest of not feeding the trolls, I’m declining to post any new stories or comments on my site from any third parties.  If you have written me, please forgive the lack of response, and accept my sincerest apologies for not being able to correspond with you personally.

If you feel that you have been injured by ANY hospital in Texas, I strongly suggest using this section of my site to take proactive steps towards filing a complaint regarding your experience.  Please do not be afraid to speak out!   It is only by speaking up and sharing your experience that you can make a positive difference in the quality of health care received in the future by you, your friends and family members.

Suffering in silence, and letting dangerous or neglectful actions on the part of any medical provider go unreported devalues you and others like you who have been mistreated.  Do not let your negative experience be ONLY negative–use it to do some good, to make some positive changes and improvements in the medical community.  That’s what I have tried to do with mine, and while it’s perhaps costing me something in the short run?  I know I did and continue to do the right thing, and I can look myself in the mirror and know that I did what was right.

Okay, so let’s say you are Ascend Health care.  And, you have let my site exist for over 18 months.  Suddenly you think I’m conspiring against you and the things I’ve said are false, so you need $1 million and you need to sue a single mom who works for a living to prove your point?  

 

Here’s the latest story sent to me:

 

I am very sorry for your experience. I posted mine on your website in hopes that it will be reviewed by others so that they do not feel alone. We all depend on these people who went to school for years to take care of our most precious family members, when their young, old, shaken and disturbed by life. As a home health provider, I am left alone with old people ALL the time that depend completely on me for their life. It is sad to see this dependency abused. I would like my case reviewed by an attorney, as I am, also, going to file with CPS because this happened to my 14 year old daughter. My daughter was in the hospital, had some words with another girl, and had her head bashed into a wall as she was walking away. There was no one supervising to stop the argument or the physical attack that took place afterwards. My daughter was crying for me all night and never allowed to call me. If they were still awake in the game room or lounge, then it still should have been early enough for her to call me, especially in this situation. Also, she was taken to be seen by a nurse – another reason that it was serious enough for me to be called. It was Saturday, and the visiting hours were from 11-12, I believe. I was in school and could not attend. On Sunday, I had a co-dependent session during the visiting hours (I was not avoiding my daughter, but she was upset with me when I visited because of some things I would not tolerate at home), so I tried calling several times during the day to talk to her because I missed her. When I got out of my meeting and was eating dinner, around 7:30, Sky called me and told me what had happened. The girl was not even in restriction and she was throwing furniture around and Sky said she was still hitting other people. I had the police meet me at the hospital and pressed charges. I withdrew her immediately that night (AMA) and they would not give me any prescriptions for her. It took me two weeks with her primary psychiatrist that she’s had for two years to get things straightened out. She was on meds that they had put her on two years ago at UBH by Dr. Islam. When we went in this time, Dr. Jacobsen sneered at the medications she was being given (Zoloft and another one) and said, “These meds are for adults, they should not be given to teenagers because they do not work.” Did he realize he was speaking about the meds Dr. Islam had prescribed Sky two years earlier? Sad. He immediately sat down and wrote out a whole new set of four medicines, Celexa, Abilify, Trazadone and some other one. Now she is down to Geodon and Adderall since coming out of the hospital. My daughter’s incident was probably considered minor compared to others, but she is my only child and I am furious that she went through this completely alone – ALL NIGHT. I was not called and, if a nurse was called in to check her – I consider that grounds for me to be called. If my daughter is hurting and crying for me – I consider that grounds for me to be called. If one of the patients that I watched had this happen to them, I would have been on the horn with a family member immediately. I felt like they were trying to get Sky to cover up what happened and hoped she would play it down if enough time passed by.
 
This is my story. I am still contacting Child Protective Services because I think it is important for them to know. I, also, know there is the same agency for Elderly Citizens and I encourage every person that has had a family member hurt while in the care of UBH to contact the appropriate agency to file a complaint. 

 

I previously misrepresented the facts surrounding the lawsuit filed against me by Ascend Health.  I stated previously that they sued me for $1 million, and, I want to make it clear that my statement regarding that was made in haste, and, was not accurate.  My apologies to Ascend Health.

As it turns out, they are actually suing me for $5.5 million plus attorney’s fees.

Again, I apologize for the mistake I made in publishing this information.