August 4, 2016 Congresswoman Ann McLane Kuster 2nd District New Hampshire 18 North Main Street, 4th Floor Concord, NH 03301 Dear Representative Kuster, This letter follows our conversation on Friday, June 3. As we discussed there are numerous issues interfering with the proper care of Veterans who are patients of the VA Center in Manchester New Hampshire. Each of these issues is serious on its own, but the real issue is the Administrations’ unwillingness or inability to correct systemic problems. The Center is “governed” by a Quadrad. The leadership style adopted by the Quadrad is both insular and not focused on patient care. There are no treating clinicians represented on the Quadrad, and the four members ignore the views of the physicians, even those who have worked at the Center for many years. The VA Center is run solely by an Administration whose main goal is to put on a good face for the various entities who review their facility. The members of this foursome have a vested interest in covering up issues that would shine a negative light on the actual serious lapses in patient care resulting from the above behavior. The Quadrad measures problems in the VA Center with a yardstick of how they can provide cover for themselves. The results of this behavior have been actions or better yet, inactions, that have endangered patients and have ruined many lives. What follows is a litany of the many issues that have caused substandard treatment of our Veterans. The recent example in the medical malpractice action brought in US District Court in Concord, New Hampshire, where a judge rendered a verdict in excess of $21 million in 2015, illustrates just how poorly this facility operates. The doctors named in that lawsuit were unfairly blamed by the judge for actions that were not of their making. I can certainly flesh out the specifics of what was wrong with the conclusion of the presiding Justice if need be. The most troublesome example of the disconnect between the bureaucrats and the clinicians is the situation involving Myelopathy, a condition that became preventable twenty (20) years ago. However, despite this, there is a list of approximately seventy (70) Manchester Veterans who were patients at the Center who have suffered quadriplegia or quadra paresis, through clinical neglect as well as the lack of effective neurosurgical intervention. These conditions as indicated above, were all but eradicated twenty (20) years ago, when patients were given the proper neuro-surgical intervention. This shocking number will in fact grow at the current time because of the Administrative decisions that have recently been enacted by the Quadrad at the Manchester VA. The facility in Manchester, New Hampshire does not have a neurosurgeon on staff and so patients must be referred to the Boston VA for stenosis of the cervical spine. The Boston VA was not treating these patients appropriately and so the former Chief of Staff of the Manchester VA, Dr. Andrew Breuder agreed to fund private “fee care” in the community for these Veterans. Dr. W. E. Kois, a pain specialist, who became employed at the Manchester VA in 2012, is the physician who discovered these seventy (70) cases of paralysis. For more than three years under Dr. Kois and Dr. Breuder, these Veterans were sent to New England Baptist Hospital in Boston to be treated by a reknowned neurosurgeon. This neurosurgeon was shocked at the condition that he found Veterans to be in. His letter, attached herein, illustrates his opinion on the substandard care provided to spinal stenosis Veterans at these facilities. When these Veterans were seen at the Boston and West Haven VA’s they were referred to physical therapy instead of to a neurosurgeon. In some instances these Veterans were seen by a Chiropractic Resident instead of a Neurosurgeon, which is beyond the pale. One such patient drove his own vehicle to the Boston VA and walked into the hospital for his surgery. At the conclusion of his surgery this patient was rendered a quadriplegic and was forced to use a motorized wheelchair. He now has limited use of his right hand to work the controls on said wheelchair. As stated above, this result would never occur in the private treatment setting. Why is it acceptable for our Veterans to be subjected to such low quality treatment? One of the doctors who met with you is the Chief of Medicine, Dr. Stewart Levenson, and is directly involved in securing treatment of these Veterans, but, under the current Manchester Administration and the new Chief of Staff, Dr. Shlosser, he has been thwarted. He has been told that there is no money in the budget to fund “fee care” in the community and that Veterans must be referred to Veterans Choice. As you know, this is a new program which has numerous problems, not the least of which is the refusal of many community based doctors to accept this plan. In addition, the HealthNet telephones are answered by unqualified persons with no medical training. This has resulted in many Veterans being referred to inappropriate specialists. In addition, the use of Veterans Choice cuts off the Veteran from his actual treating physicians at the Manchester VA and they are, therefore, unable to follow up on their patients to assure that they are receiving the appropriate care. Tragically, there are no participating neurosurgeons in this program that will see Veterans on a timely basis. Unfortunately many providers have had difficulty getting their fees paid under this program and refuse to see Veterans until this situation is resolved. Although some providers have agreed to come back into the system, their stay is tenuous and wholly dependent on the payment status. This has left many patients at the Manchester VA languishing in pain and without care. The previously cited neurosurgeon in Boston, who is part of the neurosurgeon practice at New England Baptist, as well as a professor at Harvard Medical School, has agreed to see these patients on a priority basis, but the Manchester Quadrad refuses to authorize this. 2 The decisions about patient care at the Manchester VA are made by Administrators without input from the treating physicians or the Chief of Medicine or other Specialists. This is not a situation that exists in the private sector. The corporate structure of the Manchester VA is an inverted pyramid. The Chief of Medicine in Manchester has attempted on numerous occasions to educate Dr. Mayo Smith on these serious issues and has asked for his assistance, all to no avail. In addition to the Administrations’ refusal to consider the doctor’s input on treatment, the equipment at the Manchester VA is substandard and is known to be so by the Quadrad. Although the cost of a new nuclear medicine scanner had been expensed well over a year ago, the build out for the new scanner has been delayed to an unknown time in the future. The old scanner is so out of date that it is off line as much as 50% of the time and it is so old that parts are no longer being manufactured for it. Again, this impacts directly on the care available to our Veterans. This past winter there was an instance where dirty surgical instruments were reused without sterilization. The instruments were placed in bags to be autoclaved but instead were placed on the supply table. OR techs then picked up the bags and brought them for reuse to another OR. Each bag has not one, but two indicators, to demonstrate sterility, yet no one picked up on this error. When Administration was informed of this serious lapse, their only concern was damage control and did nothing to investigate how and why this had occurred or take any steps to assure it didn’t happen again. In addition, many instruments are used beyond their useful life. The Surgery Chief discovered that the bladder curettes were so dull that they would not cut out tumors in the bladder. When he asked for replacements he was told by Administration that this would have to wait to be purchased until next year when a new budget cycle started! The building is so old that flies come into the OR through the bricks and the surgeons have had to cancel surgeries frequently because of this unsanitary issue. The director hired the lowest bidder to eradicate the flies but the company has been totally ineffective in solving this situation. Another example of the low regard in which physicians are held at the Manchester VA facility has to do with the safety and security of its doctors. There is no screening apparatus, security guard or locked doors at the entranceway or in the hallways, which would prevent patients from walking into a doctor’s office without notice. This became an issue subsequent to 2012 when Dr. Kois became the only Specialist in Pain Management at the Center. Prior to his employment at the Manchester VA, Dr. Kois was in private practice for 25 years. He was shocked to discover the rampant use of opioids in the treatment of our Veterans in the Manchester facility. Sadly, it had been the prior Administrations policy to start pain patients on opioids because they were cheap to buy at the VA Medical Center when compared to definitive surgical treatment. At one point, Dr. Kois tried to prescribe topical non-steroid gels or oral Cymbalta, but was denied and told to use opioids first, because they were cheaper. Fortunately he refused to do this and has been successfully weaning Veterans off said opioids. However this has come with a personal cost to Dr. Kois. 3 In the past six months several unhappy Veterans, not the majority of pain Veterans, but a small group, who are at high risk for overuse or diversion of the drugs, threatened the life of Dr. Kois when he cut them off. They did this in writing as well as verbally and specifically mentioned using guns and aluminum baseball bats to kill him. This was reported to the Security personnel at the VA and a meeting was held by the Quadrad to address this issue and a decision was made to install a secure door for his office. The security door has not been installed. This event occurred more than four months ago and when asked about the status of the security door the Administration stated that it is “in the works”. Meanwhile, when a threat was made against some Administrators, a security door was installed within a week. The treating physicians and clinicians at the Manchester VA are woefully understaffed. They lack Physician’s Assistants, nurses and secretarial help. Oftentimes nurses must assist four or more physicians. The doctors must type their own reports and they must wait for more than a week for their dictated chart notes to be transcribed. Unfortunately this lag time has resulted in numerous instances where the lack of continuity of care has negatively impacted the patient. Again, complaints about these issues fall on deaf ears. While hiring a needed clinician is woefully difficult, if not impossible, adding new layers of ineffectual bureaucrats happen routinely. In the past new hires have been made for data safety officers, patient safety officers, compliance officers, research compliance officers, privacy officers and most recently, an attorney was hired for Risk Management. At the Manchester VA , the Quadrad has a complete distrust of the clinician to the point of total exclusion from decision-making processes that directly involve patient care. A prime example of this is in the decision made two years ago by Administration to purchase a $1.4 million dollar cardiology camera without consultation with the Cardiologists. When said camera arrived at the Manchester VA facility the Administration discovered that it did not fit into the space that the old camera was occupying. To this date this $1.4 million dollar camera remains in a warehouse waiting for a larger room to be built in Cardiology to house it. Meanwhile the Manchester VA is left with an old camera that only functions half the time and as a result, once again, the Veterans suffer. An easy illustration of these priorities are demonstrated by a look at the employee parking lot. Out of the 800 vehicles parked in that lot, only 80 belong to clinicians who provide direct patient care. As I stated to you during our meeting with the five doctors currently employed at the Manchester VA, these doctors are greatly concerned about the substandard care that the VA in Manchester provides to our Veterans, and they have failed in all attempts to have their voices heard or to find a person above them who will take corrective action. Each of them became VA physicians because of their deep commitment to the care of our Veterans and each are totally frustrated with their ability to provide care. The Administration in Manchester has failed and continues to fail to provide these physicians with the necessary resources to do their jobs. These doctors have asked me to assist them in being heard by Mr. Shulkin and you have graciously agreed to present their concerns to him. If needed, the Chief of Medicine as 4 well as the Pain Management Specialist and a cardiologist are happy to come to Washington, DC for a personal meeting with Mr. Shulkin. Thank you for your attention to this matter and the doctors truly appreciate your time and input and concern about these important issues. I will be happy to provide any other documentation which you feel is needed to move this forward. Sincerely, Andrea Amodeo-Vickery aamodeovickery@aol.com (603) 625-6441 AAV/mrw cc: Dr. William Kois /mnt/cloud_crowd/document_import/unit_19597395/d20170712-32160-174fshq/VA-2.docx 5