[Congressional Record Volume 142, Number 26 (Thursday, February 29, 1996)]
[Extensions of Remarks]
[Page E255]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           RIGHTS OF VICTIMS

                                 ______


                        HON. CHARLES E. SCHUMER

                              of new york

                    in the house of representatives

                      Thursday, February 29, 1996

  Mr. SCHUMER. Mr. Speaker, I am submitting into the Record a letter 
that was sent to me which deserves immediate attention from every 
Member of Congress.

                                  Nashotah, WI, February 26, 1996.
     Congressman Charles Schumer,
     Committee On The Judiciary,
     Washington, DC.
       Dear Congressman Schumer: On July 19, 1994, my wife Karin 
     testified before this committee on the subject of health care 
     abuse. She was only 28 years old when she appeared before 
     you, yet she was dying as a direct result of medical 
     malpractice. Karin told you about our HMO, Family Health Plan 
     in Milwaukee, Wisconsin and how for over three years her 
     doctors misdiagnosed the classic physical symptoms of 
     advanced cervical cancer while their lab chronically misread 
     her pap smears and her biopsies.
       Karin told you about Dr. Lipo who owned the lab while he 
     also served on the board of directors at Family Health Plan, 
     and how in that capacity he would see the bids from competing 
     labs and adjust his contract to keep the HMO's business. 
     Karin also testified about June Fricano, the lab technician, 
     who was paid on a per slide basis, reading 5 times the 
     federally recommended number of slides and working at as many 
     as four other labs simultaneously.
       Although our HMO repeatedly told us everything was okay, 
     our fears drew us to look elsewhere. Within one week of going 
     to a gynecologist outside of Family Health Plan, we received 
     the devastating news. Had Karin been properly diagnosed in 
     1988, after her first positive pap smear was misread, she 
     would have had a 95-97 percent chance of survival, but due to 
     the gross incompetence of Family Health Plan, my wife died at 
     29. Next Friday marks the one year anniversary of Karin's 
     death.
       Karin fought 2 battles when she became sick and she fought 
     them as hard as she could. She fought the cancer with 
     chemotherapy, radiation, surgery and prayer. The other battle 
     she fought was to protect the rights of all patients and 
     victims of medical malpractice and she fought that battle 
     with her words and her experiences.
       Every chance she got, Karin would write letters to 
     regulatory agencies, legislators, or go to Washington to tell 
     her story to Congress. She spoke to the Clintons', she 
     testified before the Senate Judiciary Committee and she spoke 
     to you. All so that no other American would fall prey to the 
     horrible nightmare we were forced to endure.
       Karin and I experienced first hand, the overwhelming lack 
     of continuity of care, lack of communication, lack of 
     responsibility, lack of accountability and lack of humanity 
     which are the hallmarks of profit driven managed care 
     facilities in this country today.
       When Karin testified before you she asked that you let her 
     experience be your guide. She asked you for a health care 
     system that allows choice, while providing accountability and 
     incorporating strict mandatory medical negligence prevention. 
     As a victim of those offenses, Karin implored you . . . 
     ``Please don't let Congress strip away the rights of victims 
     like me.'' It would be her wish that we'd continue the fight 
     in her name. Please don't let her death be in vain.
           Sincerely,
     Peter Smith.

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