child dies after workers refuse to fix his medicaid record

[Rozman]

So it seems the single parent just sat back until little Zumati died because Wallgreens refused to fill her prescription? The mother needed a prescription for motivation for Gods sake. Figure it out while the child is alive.

Heard a good one tonight...
Reverend Al Sharpton has a show on MSNBC
Had a heartbreaking story...
He said he never thought he would ever hear a story like this in America.
A man died from a toothache.
It seems he died because he could not afford the $27.00 for an antibiotic.
All was pissed.

Are you fucking kidding me.
This is my fault he could not afford $27
How many packs of cigarettes does this guy buy a week
How many six packs of beer.
How much spent on the Lottery.

This is my problem now.The guy has become so dependent on Government as the answer for everything...what a shame.

 

[freedombecki]

[ame=http://www.youtube.com/watch?v=OoznjbKVnmw&feature=player_detailpage]JOE SOUTH- " WALK A MILE IN MY SHOES " - YouTube[/ame]

 

[bill5]

Its the law suet that's not right. Doesn't matter, the dept will settle out of court to avoid a huge media mess.

If a pharmaceutical company can't employ educated decision-makers on the issue of how critical asthma can be nor know the medical laws that guaranteed this mother's child to medicine as needed, a lot more people will die. We should not have to wait until the mayor's kid dies before we make sure the one-parent child doesn't die. If government workers' incompetence is causing people to have to sue in order to make sure this kind of travesty never happens again, and the fed is content to let needless deaths ride, the courts will merely have to kick the government's ass until it corrects itself.

This lawsuit couldn't be righter for that reason.

The drug company had nothing to do with it.and the government workers should not have the lives of mama's and babies in there hands, and the one child's parent should actually have been a parent and gone after the meds her child needed. There are over 100 clinics in the Denver area she could have gone to. It is not the city, state or feral governments job to make sure a parent gets meds for her child. The woman had her options, SHE decided to do nothing. SHE is guilty of neglect as it was pointed out ware I posted and linked to what constitutes child abuse/neglect. She by rights should be prosecuted, instead she will get paid.

Congrats, that is easily one of the most idiotic posts I've read in quite some time.

 

[NGSamson]

If a pharmaceutical company can't employ educated decision-makers on the issue of how critical asthma can be nor know the medical laws that guaranteed this mother's child to medicine as needed, a lot more people will die. We should not have to wait until the mayor's kid dies before we make sure the one-parent child doesn't die. If government workers' incompetence is causing people to have to sue in order to make sure this kind of travesty never happens again, and the fed is content to let needless deaths ride, the courts will merely have to kick the government's ass until it corrects itself.

This lawsuit couldn't be righter for that reason.

The drug company had nothing to do with it.and the government workers should not have the lives of mama's and babies in there hands, and the one child's parent should actually have been a parent and gone after the meds her child needed. There are over 100 clinics in the Denver area she could have gone to. It is not the city, state or feral governments job to make sure a parent gets meds for her child. The woman had her options, SHE decided to do nothing. SHE is guilty of neglect as it was pointed out ware I posted and linked to what constitutes child abuse/neglect. She by rights should be prosecuted, instead she will get paid.

The drug company was in the big middle of it. This isn't about what should be, it's about what is in place, and how error killed this child in spite of his mother's concerted efforts to get him medicine that was prescribed and by law, he was entitled to receive. This is a matter for a court of law, not the kangaroo court of public opinion.

Ok, but state law, the one I quoted, also says she can be prosecuted for abuse/neglect. And drug companies make drugs, they have nothing to do with county, state, or federal welfare programs. And other then filling out paper work, nothing is said about what the mother did or was doing between the time the boy ran out of meds, and when he died.

 

[NGSamson]

If a pharmaceutical company can't employ educated decision-makers on the issue of how critical asthma can be nor know the medical laws that guaranteed this mother's child to medicine as needed, a lot more people will die. We should not have to wait until the mayor's kid dies before we make sure the one-parent child doesn't die. If government workers' incompetence is causing people to have to sue in order to make sure this kind of travesty never happens again, and the fed is content to let needless deaths ride, the courts will merely have to kick the government's ass until it corrects itself.

This lawsuit couldn't be righter for that reason.

The drug company had nothing to do with it.and the government workers should not have the lives of mama's and babies in there hands, and the one child's parent should actually have been a parent and gone after the meds her child needed. There are over 100 clinics in the Denver area she could have gone to. It is not the city, state or feral governments job to make sure a parent gets meds for her child. The woman had her options, SHE decided to do nothing. SHE is guilty of neglect as it was pointed out ware I posted and linked to what constitutes child abuse/neglect. She by rights should be prosecuted, instead she will get paid.

Congrats, that is easily one of the most idiotic posts I've read in quite some time.

Ok, for you simple folk so you under stand.

Mom sues Denver, three workers over child's death - The Denver Post

Her son's asthma worsened after several months of being off the anti-inflammatory drug Advair, which kept the disease manageable.

Now the Law in Colorado concerning abuse/neglect.

Any case in which a child is a child in need of services because of the child’s parents, legal guardian,
or custodian fails to take the same actions to provide adequate food, clothing, shelter, medical care,

http://www.cdphe.state.co.us/ps/cctf/canmanual/app1.pdf

So, for several months what was she doing ? Lets see if we can find out.

This also happened in 2009. Why did it take two years to file it in court ?

Lucero et al v. City and County of Denver et al
Share |
Plaintiffs: Zuton Lucero and Estate of Zumante Lucero
Defendants: City and County of Denver, Holly Lumpkin, Teresa Long and Annette Williams

Case Number: 1:2011cv01857
Filed: July 18, 2011

Court: Colorado District Court
Office: Denver Office
County: Denver
Presiding Judge: Richard P. Matsch

Nature of Suit: Civil Rights - Other Civil Rights
Cause: 42:1983
Jurisdiction: Federal Question
Jury Demanded By: Plaintiff

Looks like its still on the docket. bill5, keep the emotion out of your post. It makes you look stupid.

 

[Xchel]

If the child was legally eligible for the medicine and either medicaid glitches or the pharmacy glitch caused her a denial that resulted in his death..yeah they are legally responsible. Nurses and doctors can be sued individually as well as hospitals so why not pharmacies when they are neglectful? All it would have taken is them calling medicaid to verify eligibility. The mother tried several times to get the child´s medication so she was not the one that was neglectful.

 

[Dude111]

Sometimes you just need to kick the table over to gather peoples attention.

Sadly the case in many instances!!


Poor boy

 

[koshergrl]

If the child was legally eligible for the medicine and either medicaid glitches or the pharmacy glitch caused her a denial that resulted in his death..yeah they are legally responsible. Nurses and doctors can be sued individually as well as hospitals so why not pharmacies when they are neglectful? All it would have taken is them calling medicaid to verify eligibility. The mother tried several times to get the child´s medication so she was not the one that was neglectful.

How can a denial of benefits CAUSE DEATH???? If the mother had walked into any ER, heck, any doctor's office with the child the child would have been treated.

Death was not caused because she didn't have benefits. Death was caused because the kid had asthma, and she didn't get her into the ER timely. Which sometimes happens with asthma. I know a DA who dropped dead while jogging...he wasn't even 40 years old, he had medical, he just had an attack at an unfortunate time.

Point is, it's not the fault of someone who works administering programs in an office somewhere when a parent is too fucking stupid to take her kid to the ER.

 

[frazzledgear]

The mother should have been indicted for child abuse since stupidity isn't a crime.

Which you should be grateful for

I guess you missed the part where she was calling human services several times a week. What was she supposed to do, hold them at gun point? Yes I would have gotten much more in people's face about this too, but hindsight is 20/20 and many people are very intimidated by authority/authority figures and feel powerless. She also may not have realized that his life was in danger. Again I agree she should have known, and could have done more, but it's easy to get self-righteous about this and rubbing salt in her wound is asinine in a wide variety of ways.

That aside, I hope with great passion that the SPECIFIC PEOPLE who blew her off end up in jail, and that point should be emphasized. But it won't. Incompetent employees hide behind their company and get off scott free while the best one can usually hope for is the company or state or whatever just throws some money at this and goes "oops our bad." That itself should be a crime. PEOPLE should be held accountable for shit like this.

Did someone promise you an error free world or else everyone who makes a mistake will be tossed in prison? Or just those who work in fields that deal with others, if THEY make mistakes they should go to prison but if you and your buddy janitors make mistakes, that's different? Only some people are supposed to be perfect at all times? You ASSUME without any proof whatsoever that three different people in different agencies actually KNOWINGLY chose to make sure this kid didn't have his life-saving medication? One person DID knowingly decide to let this kid go without his life-saving medicine -but it wasn't any bureaucrat. It was his MOTHER. She KNOWINGLY CHOSE to let him go without it. And SHE belongs in prison for it. Not rewarded with a big chunk of taxpayer money!

You think those who supposedly blew her off belong in jail -but not HER? Really? You are sure quick to give HER the benefit of the doubt in spite of the fact there is NO evidence she contacted ANYONE. She just SAYS she made phone calls. You agreed she didn't do the right thing by her own kid and CALLOUSLY dismiss the fact she caused her son's death by failing to provide the MINIMAL care she owed him. There are 720 hours in a month and even being generous, she spent less than 0.02% of her TIME trying to save his life. With a few phone calls where she apparently always hit the same dead end over and over. For MONTHS she did nothing more than this. Including refusing to just BUY a $20 emergency inhaler out of her own pocket. Just ONCE. Refused to go back to the prescribing doctor. Refused to find a free clinic. Refused to leave her house and park her ass at the Medicaid office and just refuse to leave until someone fixed the damn mistake. Refused to get advice or outside help ANYWHERE even though even people on this thread were rapidly able to track down an entire list of different agencies both public and private that could help. Even people on this thread are more concerned than she was to make the effort to find other sources of help. She only CLAIMS to have called and left it at that. Nothing but some phone calls to the same place to reach the same dead end apparently -as if that was enough. And for people like you -shockingly it really is enough. This is what you clearly just can't get. It isn't enough for NORMAL PEOPLE. You are more than willing to excuse this woman for NOT DOING THE RIGHT THING -because as far as YOU are concerned, just doing the EASY thing was enough. Something the typical liberal really does believe. But for normal people doing the easy thing when it comes to your kid instead of doing the right thing -doesn't cut it. While you have already decided to give her every benefit of the doubt about even making those phone calls, I am not so willing to do so and certainly not so quickly with so little support for it -given the fact it is unreasonable to believe three different people in different agencies with three different jobs would have blown her off! That just did not happen.

Instead you insist others should not rub salt in the wound? ARE YOU KIDDING? Your sympathy is with HER? Sorry, but mine is with that poor, helpless child dependent on someone who couldn't be bothered to save his life and CHOSE to let him go without his life-saving medications for MONTHS until he died as a result! And it is NAUSEATING there are people like you who think making a few phone calls was enough -even though you would NEVER have stopped with that just if it were for YOURSELF. And this woman would never have stopped with that if it were life-saving medication for HERSELF either! But hey, if its just for a kid, that's WAY more than enough -for you.

This is a very common error in both private and public insurance. And it is one both are used to dealing with ALL THE TIME. Routinely. And it is one that doesn't take MONTHS to fix -except they first have to know about it to be able to fix it. If she made those calls and actually talked to someone with the authority to fix this problem -there will be a record of that along with a record of her complaint, a record of why it wasn't fixed -what was missing that would not allow it to be fixed. These people have to fill out paperwork for everything and every claim and every complaint and every contention that coverage was wrongfully denied. There is ALWAYS a record of it -IF contact was actually made. While you might get me to believe ONE of those three people failed in their basic job to properly document it -no way I'm buying three people in different agencies and three different jobs failed to do it. But I noticed her lawyer isn't claiming to have ANY of that supporting documentation. Just her unsubstantiated CLAIM she made the calls. Ok, then her phone records should be able to at least back up that she dialed the right numbers. Without hearing anything but HER claims you are ready to JAIL other people -but not her. While I haven't seen anything that even hints at anyone's guilt except her own blatant negligence. Her WORD will mean nothing in court. She will have to PROVE she even made those phone calls, PROVE that she actually spoke to these people, PROVE that she followed all instructions she may have been given, PROVE these people did NOT do their jobs properly and PROVE they just "blew her off" as you seem to think happened. And the biggest hurdle of all -she must PROVE that their failures outweighed her NEGLIGENCE and HER refusal to do all she could have done to save her own kid's life! Including just buying the inhaler out of pocket -which she REFUSED TO DO! Who does that? Seriously -who does that?

When you made the comment about hindsight may be 20/20 - you just proved why the TAXPAYER should NOT be on the hook for HER failures. That is an admission SHE SCREWED UP! I don't OWE people money when THEY FUCK UP! And SHE fucked up! Her kid died because SHE did -that doesn't make her entitled to MY money as a payoff for it! The bureaucratic screw up didn't kill her kid, bureaucrats didn't kill him, Medicaid didn't kill him, the pharmacist didn't kill him. (And please GET REAL -she is suing her own caseworker who would NOT have "blown" her off and left her kid without his asthma medication. NOT going to happen. These people look for ways to make sure someone is getting every entitlement possible but is going to let her kid go without his asthma med? And then THREE totally different people did it? GET REAL.) His mother had MONTHS to make sure that very common screw up didn't harm him -including just buying that inhaler herself just ONE TIME! And she didn't do it. THAT fact outweighs what anyone else supposedly did or did not do and NO ONE else is as responsible for his death as SHE IS.

Would YOU have paid $20 for YOUR kid's inhaler just ONCE in all those MONTHS? An inhaler that has between 100 and 250 doses -versus refusing to cough up $20 for ZERO doses. What is her reason for refusing to pay out of pocket for even ONE inhaler in all those MONTHS? I'd like to hear that. Because during all those MONTHS I'm betting she had a $20 bill she chose to spend on something else instead. Does she drink? Smoke? Do drugs? Did she choose cell phone over land line at a fraction of the cost? Did she buy any clothes or new shoes during all those MONTHS? Go to the movies? Get her hair done, colored, permed or straightened, cut? Buy fast food? Out to dinner? Go out with friends? Buy any costume jewelry in all those months? Bought desserts, candy or snacks at the grocery store in all those months? I feel pretty safe saying she put her kid's medication WAY down her list of priorities and chose to spend money on something else that she could have foregone just ONCE in all those MONTHS. Who refuses to pay $20 out of pocket for an emergency inhaler while trying to fix an insurance/Medicaid screw up? WHO DOES THAT? Someone who placed more value on ANYTHING-except the medication that could have saved her kid's life.

Get real on the "authority fear" bullshit -what a joke. Do you fear your insurance agent too? Tremble with fear when talking to him or her? Medicaid is taxpayer paid insurance to cover the medical costs and is manned by people whose sole purpose is to wait on them. It is NOT like when you were being questioned by cops while holding your friend's stash! And no one deals with those bureaucrats better than someone used to dealing with them for years. Pain in the neck -yes. Something to cause a fear of "authority"? ROFL -oh sure. Just like I shake in my boots when renewing my driver's license too. Oh sure, a mother watching her kid go without his life-saving medication for MONTHS is going to wilt because.....what? And if she was so fearful of authority, how DID she manage to keep up with those phone calls I wonder? You know, the ones that tied her up for all of what? A couple of hours a week? Maybe?

She CLAIMS to have called several times a week. So just how many phone calls that were always a dead end would YOU make to get YOUR life-saving medication before deciding it was time to try something else and seek help elsewhere? How long do you think she would have continued down a dead end path before trying something else if it were HER life-saving medication? Do you REALLY think she would have been satisfied with making the same phone calls a couple of times a week that got her nowhere -and just done that until she died MONTHS later? Because I don't. I also FIRMLY believe if it were HER life-saving medication she would suddenly decide it was worth coughing up the $20 at least ONCE during all those MONTHS while trying to get the screw up fixed.

She owed her child NO LESS than what she would have done for herself and she didn't do it. Because it wasn't HER life on the line here. Just her helpless child's life -and THAT clearly did NOT give her the same sense of urgency as if it had been her life on the line. While with normal, caring parents it would actually have caused an even GREATER sense of urgency than if it had been their own. A few phone calls is NOT a sense of urgency -if you think that is sufficient and find her actions reasonable -then please do not reproduce and just spare any child from that kind of "caring". But sure -if you aren't willing to change up your budget for even ONE emergency inhaler in all those MONTHS for your own kid-then sure, doing nothing else but a few dead end phone calls would seem like a big effort to you too no doubt.

Stop defending her and STOP insisting others must sympathize with this woman and her money-making scheme to enrich herself from her own negligence when seriously -an alley cat is a provably better mother. The notion that poor people have an excuse for failing to do the right thing by their own kids is BULLSHIT. Poverty does NOT turn someone into a LOUSY PARENT! If it were Blue Cross/Blue Shield that screwed up and a rich woman she did nothing more than this she would belong in prison! The fact she uses Medicaid does NOT excuse her negligence. YOU wouldn't have stopped there if it were YOUR life-saving medication, I wouldn't, my neighbor wouldn't, no one on this thread would have stopped there -and she wouldn't have either. But she stopped there when it came to her kid. Because HIS life did not matter to her as much as her own did! And THAT makes her NEGLIGENT -and that NEGLIGENCE killed that child. And she absolutely knew an asthma attack could KILL HIM -because every doctor ALWAYS makes sure parents know that asthma can kill their child if not treated or if the child is without an emergency inhaler! Or THEY would be negligent! But she isn't suing the doctor for malpractice for failing to tell her that, is she? Doctor's keep extremely detailed records for just that reason! So she ABSOLUTELY KNEW asthma could kill her kid if left untreated! And she decided her $20 was better spent on something else -hell, she figured it was better spent on ANYTHING else. Except to save her child's life. And NOW she wants taxpayers to reward her for it -when she really does belong in prison? She can only hope to get a jury filled with lame-asses like you who think we should all be paying this woman far more than we already have been for HER failure to be a decent parent and do what any reasonable person would have done. Excuse me while I puke.

Anyone with a normal conscience would be eaten with guilt for failing to do the right thing by their kid. Not viewing it as a money-making opportunity hoping a jury will buy into believing taking a government entitlement somehow transferred her parental responsibilities to someone other than herself. She belongs in prison LONG before anyone else does. She KNEW it would kill him and chose to do nothing more energetic to prevent than dial the phone a few times. BIG FUCKING DEAL.

 

[NGSamson]

If the child was legally eligible for the medicine and either medicaid glitches or the pharmacy glitch caused her a denial that resulted in his death..yeah they are legally responsible. Nurses and doctors can be sued individually as well as hospitals so why not pharmacies when they are neglectful? All it would have taken is them calling medicaid to verify eligibility. The mother tried several times to get the child´s medication so she was not the one that was neglectful.

Well if you look at the law suet filing the pharmacy is not named. The pharmacy only sails drugs. You are wrong about that to Read the article. For several months she tried. It has also taken over two years for a law suet to be filed against the welfare workers and the department. Aside from all that, this is the system that will handle our medical needs in the future. This is a sign of things to come. Also notice that it is a civil rights law suet and not wrongful death ? $$$$$ wonder tf she called the lawyer hr if they called her $$$$$

 

[NGSamson]

If a pharmaceutical company can't employ educated decision-makers on the issue of how critical asthma can be nor know the medical laws that guaranteed this mother's child to medicine as needed, a lot more people will die. We should not have to wait until the mayor's kid dies before we make sure the one-parent child doesn't die. If government workers' incompetence is causing people to have to sue in order to make sure this kind of travesty never happens again, and the fed is content to let needless deaths ride, the courts will merely have to kick the government's ass until it corrects itself.

This lawsuit couldn't be righter for that reason.

The drug company had nothing to do with it.and the government workers should not have the lives of mama's and babies in there hands, and the one child's parent should actually have been a parent and gone after the meds her child needed. There are over 100 clinics in the Denver area she could have gone to. It is not the city, state or feral governments job to make sure a parent gets meds for her child. The woman had her options, SHE decided to do nothing. SHE is guilty of neglect as it was pointed out ware I posted and linked to what constitutes child abuse/neglect. She by rights should be prosecuted, instead she will get paid.

Congrats, that is easily one of the most idiotic posts I've read in quite some time.

Yeah, facts tend to hurt some times.

 

[Douger]

Mom sues Denver, three workers over child's death - The Denver Post

but as we know, america has the best health care system in the world!

If only this 9 year old had worked hard in school, got a real job, etc then he wouldnt have been in this position!

Fuck'im.

Please sign the petition to send another 10 billion dollars to IsNtReal.
Shalom.

 

[freedombecki]

The drug company had nothing to do with it.and the government workers should not have the lives of mama's and babies in there hands, and the one child's parent should actually have been a parent and gone after the meds her child needed. There are over 100 clinics in the Denver area she could have gone to. It is not the city, state or feral governments job to make sure a parent gets meds for her child. The woman had her options, SHE decided to do nothing. SHE is guilty of neglect as it was pointed out ware I posted and linked to what constitutes child abuse/neglect. She by rights should be prosecuted, instead she will get paid.

The drug company was in the big middle of it. This isn't about what should be, it's about what is in place, and how error killed this child in spite of his mother's concerted efforts to get him medicine that was prescribed and by law, he was entitled to receive. This is a matter for a court of law, not the kangaroo court of public opinion.

Ok, but state law, the one I quoted, also says she can be prosecuted for abuse/neglect. And drug companies make drugs, they have nothing to do with county, state, or federal welfare programs. And other then filling out paper work, nothing is said about what the mother did or was doing between the time the boy ran out of meds, and when he died.

You don't think after she went to the pharmacy numerous times to fill a prescription for which her son needed to be healthy, the son died from his human error lack of medicine, this poor creature lost her son, so some cheapskate comes up with the brilliant idea to jail the woman who tried to get help for her son to punish her further?

Double jeopardy, fella.

 

[freedombecki]

Mom sues Denver, three workers over child's death - The Denver Post

but as we know, america has the best health care system in the world!

If only this 9 year old had worked hard in school, got a real job, etc then he wouldnt have been in this position!

Fuck'im.

Please sign the petition to send another 10 billion dollars to IsNtReal.
Shalom.

You humiliate your girlfriend by exposing her private area to prove what a jock you are, now you wish to brutalize a poor woman who lost her precious son too?
I'm not buying it.

 

[freedombecki]

Did someone promise you an error free world or else everyone who makes a mistake will be tossed in prison? Or just those who work in fields that deal with others, if THEY make mistakes they should go to prison but if you and your buddy janitors make mistakes, that's different? Only some people are supposed to be perfect at all times? You ASSUME without any proof whatsoever that three different people in different agencies actually KNOWINGLY chose to make sure this kid didn't have his life-saving medication? One person DID knowingly decide to let this kid go without his life-saving medicine -but it wasn't any bureaucrat. It was his MOTHER. She KNOWINGLY CHOSE to let him go without it. And SHE belongs in prison for it. Not rewarded with a big chunk of taxpayer money!

You think those who supposedly blew her off belong in jail -but not HER? Really? You are sure quick to give HER the benefit of the doubt in spite of the fact there is NO evidence she contacted ANYONE. She just SAYS she made phone calls. You agreed she didn't do the right thing by her own kid and CALLOUSLY dismiss the fact she caused her son's death by failing to provide the MINIMAL care she owed him. There are 720 hours in a month and even being generous, she spent less than 0.02% of her TIME trying to save his life. With a few phone calls where she apparently always hit the same dead end over and over. For MONTHS she did nothing more than this. Including refusing to just BUY a $20 emergency inhaler out of her own pocket. Just ONCE. Refused to go back to the prescribing doctor. Refused to find a free clinic. Refused to leave her house and park her ass at the Medicaid office and just refuse to leave until someone fixed the damn mistake. Refused to get advice or outside help ANYWHERE even though even people on this thread were rapidly able to track down an entire list of different agencies both public and private that could help. Even people on this thread are more concerned than she was to make the effort to find other sources of help. She only CLAIMS to have called and left it at that. Nothing but some phone calls to the same place to reach the same dead end apparently -as if that was enough. And for people like you -shockingly it really is enough. This is what you clearly just can't get. It isn't enough for NORMAL PEOPLE. You are more than willing to excuse this woman for NOT DOING THE RIGHT THING -because as far as YOU are concerned, just doing the EASY thing was enough. Something the typical liberal really does believe. But for normal people doing the easy thing when it comes to your kid instead of doing the right thing -doesn't cut it. While you have already decided to give her every benefit of the doubt about even making those phone calls, I am not so willing to do so and certainly not so quickly with so little support for it -given the fact it is unreasonable to believe three different people in different agencies with three different jobs would have blown her off! That just did not happen.

Instead you insist others should not rub salt in the wound? ARE YOU KIDDING? Your sympathy is with HER? Sorry, but mine is with that poor, helpless child dependent on someone who couldn't be bothered to save his life and CHOSE to let him go without his life-saving medications for MONTHS until he died as a result! And it is NAUSEATING there are people like you who think making a few phone calls was enough -even though you would NEVER have stopped with that just if it were for YOURSELF. And this woman would never have stopped with that if it were life-saving medication for HERSELF either! But hey, if its just for a kid, that's WAY more than enough -for you.

This is a very common error in both private and public insurance. And it is one both are used to dealing with ALL THE TIME. Routinely. And it is one that doesn't take MONTHS to fix -except they first have to know about it to be able to fix it. If she made those calls and actually talked to someone with the authority to fix this problem -there will be a record of that along with a record of her complaint, a record of why it wasn't fixed -what was missing that would not allow it to be fixed. These people have to fill out paperwork for everything and every claim and every complaint and every contention that coverage was wrongfully denied. There is ALWAYS a record of it -IF contact was actually made. While you might get me to believe ONE of those three people failed in their basic job to properly document it -no way I'm buying three people in different agencies and three different jobs failed to do it. But I noticed her lawyer isn't claiming to have ANY of that supporting documentation. Just her unsubstantiated CLAIM she made the calls. Ok, then her phone records should be able to at least back up that she dialed the right numbers. Without hearing anything but HER claims you are ready to JAIL other people -but not her. While I haven't seen anything that even hints at anyone's guilt except her own blatant negligence. Her WORD will mean nothing in court. She will have to PROVE she even made those phone calls, PROVE that she actually spoke to these people, PROVE that she followed all instructions she may have been given, PROVE these people did NOT do their jobs properly and PROVE they just "blew her off" as you seem to think happened. And the biggest hurdle of all -she must PROVE that their failures outweighed her NEGLIGENCE and HER refusal to do all she could have done to save her own kid's life! Including just buying the inhaler out of pocket -which she REFUSED TO DO! Who does that? Seriously -who does that?

When you made the comment about hindsight may be 20/20 - you just proved why the TAXPAYER should NOT be on the hook for HER failures. That is an admission SHE SCREWED UP! I don't OWE people money when THEY FUCK UP! And SHE fucked up! Her kid died because SHE did -that doesn't make her entitled to MY money as a payoff for it! The bureaucratic screw up didn't kill her kid, bureaucrats didn't kill him, Medicaid didn't kill him, the pharmacist didn't kill him. (And please GET REAL -she is suing her own caseworker who would NOT have "blown" her off and left her kid without his asthma medication. NOT going to happen. These people look for ways to make sure someone is getting every entitlement possible but is going to let her kid go without his asthma med? And then THREE totally different people did it? GET REAL.) His mother had MONTHS to make sure that very common screw up didn't harm him -including just buying that inhaler herself just ONE TIME! And she didn't do it. THAT fact outweighs what anyone else supposedly did or did not do and NO ONE else is as responsible for his death as SHE IS.

Would YOU have paid $20 for YOUR kid's inhaler just ONCE in all those MONTHS? An inhaler that has between 100 and 250 doses -versus refusing to cough up $20 for ZERO doses. What is her reason for refusing to pay out of pocket for even ONE inhaler in all those MONTHS? I'd like to hear that. Because during all those MONTHS I'm betting she had a $20 bill she chose to spend on something else instead. Does she drink? Smoke? Do drugs? Did she choose cell phone over land line at a fraction of the cost? Did she buy any clothes or new shoes during all those MONTHS? Go to the movies? Get her hair done, colored, permed or straightened, cut? Buy fast food? Out to dinner? Go out with friends? Buy any costume jewelry in all those months? Bought desserts, candy or snacks at the grocery store in all those months? I feel pretty safe saying she put her kid's medication WAY down her list of priorities and chose to spend money on something else that she could have foregone just ONCE in all those MONTHS. Who refuses to pay $20 out of pocket for an emergency inhaler while trying to fix an insurance/Medicaid screw up? WHO DOES THAT? Someone who placed more value on ANYTHING-except the medication that could have saved her kid's life.

Get real on the "authority fear" bullshit -what a joke. Do you fear your insurance agent too? Tremble with fear when talking to him or her? Medicaid is taxpayer paid insurance to cover the medical costs and is manned by people whose sole purpose is to wait on them. It is NOT like when you were being questioned by cops while holding your friend's stash! And no one deals with those bureaucrats better than someone used to dealing with them for years. Pain in the neck -yes. Something to cause a fear of "authority"? ROFL -oh sure. Just like I shake in my boots when renewing my driver's license too. Oh sure, a mother watching her kid go without his life-saving medication for MONTHS is going to wilt because.....what? And if she was so fearful of authority, how DID she manage to keep up with those phone calls I wonder? You know, the ones that tied her up for all of what? A couple of hours a week? Maybe?

She CLAIMS to have called several times a week. So just how many phone calls that were always a dead end would YOU make to get YOUR life-saving medication before deciding it was time to try something else and seek help elsewhere? How long do you think she would have continued down a dead end path before trying something else if it were HER life-saving medication? Do you REALLY think she would have been satisfied with making the same phone calls a couple of times a week that got her nowhere -and just done that until she died MONTHS later? Because I don't. I also FIRMLY believe if it were HER life-saving medication she would suddenly decide it was worth coughing up the $20 at least ONCE during all those MONTHS while trying to get the screw up fixed.

She owed her child NO LESS than what she would have done for herself and she didn't do it. Because it wasn't HER life on the line here. Just her helpless child's life -and THAT clearly did NOT give her the same sense of urgency as if it had been her life on the line. While with normal, caring parents it would actually have caused an even GREATER sense of urgency than if it had been their own. A few phone calls is NOT a sense of urgency -if you think that is sufficient and find her actions reasonable -then please do not reproduce and just spare any child from that kind of "caring". But sure -if you aren't willing to change up your budget for even ONE emergency inhaler in all those MONTHS for your own kid-then sure, doing nothing else but a few dead end phone calls would seem like a big effort to you too no doubt.

Stop defending her and STOP insisting others must sympathize with this woman and her money-making scheme to enrich herself from her own negligence when seriously -an alley cat is a provably better mother. The notion that poor people have an excuse for failing to do the right thing by their own kids is BULLSHIT. Poverty does NOT turn someone into a LOUSY PARENT! If it were Blue Cross/Blue Shield that screwed up and a rich woman she did nothing more than this she would belong in prison! The fact she uses Medicaid does NOT excuse her negligence. YOU wouldn't have stopped there if it were YOUR life-saving medication, I wouldn't, my neighbor wouldn't, no one on this thread would have stopped there -and she wouldn't have either. But she stopped there when it came to her kid. Because HIS life did not matter to her as much as her own did! And THAT makes her NEGLIGENT -and that NEGLIGENCE killed that child. And she absolutely knew an asthma attack could KILL HIM -because every doctor ALWAYS makes sure parents know that asthma can kill their child if not treated or if the child is without an emergency inhaler! Or THEY would be negligent! But she isn't suing the doctor for malpractice for failing to tell her that, is she? Doctor's keep extremely detailed records for just that reason! So she ABSOLUTELY KNEW asthma could kill her kid if left untreated! And she decided her $20 was better spent on something else -hell, she figured it was better spent on ANYTHING else. Except to save her child's life. And NOW she wants taxpayers to reward her for it -when she really does belong in prison? She can only hope to get a jury filled with lame-asses like you who think we should all be paying this woman far more than we already have been for HER failure to be a decent parent and do what any reasonable person would have done. Excuse me while I puke.

Anyone with a normal conscience would be eaten with guilt for failing to do the right thing by their kid. Not viewing it as a money-making opportunity hoping a jury will buy into believing taking a government entitlement somehow transferred her parental responsibilities to someone other than herself. She belongs in prison LONG before anyone else does. She KNEW it would kill him and chose to do nothing more energetic to prevent than dial the phone a few times. BIG FUCKING DEAL.

Goodness, gracious, great balls o' fire, dear. You have furnished a passel of misinformation to emphasize the diminution of a conscience in the United States. :eyeroll:

 

[bill5]

Ok, for you simple folk so you under stand.

...said the pot.

Now the Law in Colorado concerning abuse/neglect.

Any case in which a child is a child in need of services because of the child’s parents, legal guardian, or custodian fails to take the same actions to provide adequate food, clothing, shelter, medical care,

Yes we heard you the first time. It's still irrelevant because SHE TOOK ACTION. Numerous times.

So, for several months what was she doing ?

Did you even read the article?

This also happened in 2009. Why did it take two years to file it in court ?

I don't know. Do you? Of course not. And that's relevant because-?

bill5, keep the emotion out of your post. It makes you look stupid.

Try to keep stupid statements out of yours. It makes you look far more stupid. There was/is precious little emotion in my stating so; rather a statement of IMO rather obvious fact.

 

[NGSamson]

The drug company was in the big middle of it. This isn't about what should be, it's about what is in place, and how error killed this child in spite of his mother's concerted efforts to get him medicine that was prescribed and by law, he was entitled to receive. This is a matter for a court of law, not the kangaroo court of public opinion.

Ok, but state law, the one I quoted, also says she can be prosecuted for abuse/neglect. And drug companies make drugs, they have nothing to do with county, state, or federal welfare programs. And other then filling out paper work, nothing is said about what the mother did or was doing between the time the boy ran out of meds, and when he died.

You don't think after she went to the pharmacy numerous times to fill a prescription for which her son needed to be healthy, the son died from his human error lack of medicine, this poor creature lost her son, so some cheapskate comes up with the brilliant idea to jail the woman who tried to get help for her son to punish her further?

Double jeopardy, fella.

No not really. A pharmacy is ware you buy drugs. They only sell drugs. They have nothing to do with it. Thats why there not named in the law suet.

 

[NGSamson]

Ok, for you simple folk so you under stand.

...said the pot.

Now the Law in Colorado concerning abuse/neglect.

Any case in which a child is a child in need of services because of the child’s parents, legal guardian, or custodian fails to take the same actions to provide adequate food, clothing, shelter, medical care,

Yes we heard you the first time. It's still irrelevant because SHE TOOK ACTION. Numerous times.

Did you even read the article?

This also happened in 2009. Why did it take two years to file it in court ?

I don't know. Do you? Of course not. And that's relevant because-?

bill5, keep the emotion out of your post. It makes you look stupid.

Try to keep stupid statements out of yours. It makes you look far more stupid. There was/is precious little emotion in my stating so; rather a statement of IMO rather obvious fact.

Try bringing some facts with yours.

 

[bill5]

Did someone promise you an error free world or else everyone who makes a mistake will be tossed in prison?

No, I simply have this crazy idea that people should be held accountable in this world - doubly so when it costs an innocent person their life. I know that's a terribly radical and unpopular viewpoint these days, but that doesn't make it any less logical IMO.

Sorry I didn't read the rest of your extremely lengthy post; don't have time or frankly inclination offhand as I suspect it's a very long way of basically going "she's at fault, not the people who screwed up and refused her son the medication!" Agree to disagree.

 

[NGSamson]

Did someone promise you an error free world or else everyone who makes a mistake will be tossed in prison?

No, I simply have this crazy idea that people should be held accountable in this world - doubly so when it costs an innocent person their life. I know that's a terribly radical and unpopular viewpoint these days, but that doesn't make it any less logical IMO.

Sorry I didn't read the rest of your extremely lengthy post; don't have time or frankly inclination offhand as I suspect it's a very long way of basically going "she's at fault, not the people who screwed up and refused her son the medication!" Agree to disagree.

You tend not to read much. You still have not brought any facts to the thread. Only emotion.