Judge strikes down new Kentucky law creating medical review panels
Courier Journal Oct. 30, 2017
Dealing a major blow to efforts to curb supposedly frivolous malpractice claims, a judge has struck down a new Kentucky law creating medical review panels to screen such cases before they go to trial.
In a ruling Monday, Franklin Circuit Judge Phillip Shepherd found the law passed this year by the Kentucky General Assembly is unconstitutional, because it restricts the right of people to plead their cases in court.
"The effect of the medical review panel process is not the reduction of frivolous negligence claims, but rather, the erection of barriers to the court system,".
Shepherd's order bans the state from enforcing the law that requires a three-member panel of health professionals review medical malpractice claims before a lawsuit is filed.
Gov. Matt Bevin, a Republican, signed the bill into law, and his administration touts it as “the first step toward tort reform” on the website of the Cabinet for Health and Family Services, which administers it.
Having the surgery meant so much to me as the pain of the teeth were creating lot of discomfort.
Thank you Dr. Carol Bertram Peddicord for your assessment and assisting me with the necessary paperwork for the surgical procedure. Thank you also to Dr. Gilman Peterson of Erena & Peterson, PLLC for your volunteering of your limited time, your facilities and staff. Doctors', your facilities were clean, sanitary and very welcoming. Your staff in each of your facilities were very friendly, attentive and knowledgeable. I'd also like to thank you too J Scott Congleton for driving me home after the procedure and taking good care of me after getting home. I appreciate you very much.
Thank you all very much and I appreciate each of you and your efforts helping me "Surgery On Sunday"!
In Other Important News
Click any place within the
"AIDS MISDIAGNOSIS" logo to see "Source Fed" release their opinion
I had such an enjoyable day learning so much from individuals' representing Medical Doctor's, Attorney's and other individuals from federal agencies representing the United States Surgeon General, Food and Drug Administration, Medicare and other medical facilities.
A lot of ideas were presented and exchanged regarding how to detect medical errors within a facility. Transparency and accountability were great issues discussed as well as products for hip, knee and shoulder replacement surgery. MRSA and other infections were an interesting topic too. I really enjoyed the knowledge, besides, I earned a certificate for completing 7 credit hours for continuing education.
Bobby W Russell
Director for the Kentucky's Chapter of the National Medical Malpractice Advocacy Association
ABC NEWS 36
A Lexington man claims doctors at UK told him he was HIV positive and that he found out nearly a decade later, he wasn’t.
UK has maintained all along he wasn’t misdiagnosed. Regardless, he’s trying to sue doctors for medical malpractice.
A judge has to decide if it’s too late.
Bobby Russell said for about nine years he’s lived his live believing he had HIV. He said he’s been avoiding friends and family members, taking medication and even planning his own funeral because of the disease.
He said he’s recently learned, he’s been healthy this entire time. Continue reading ... Click photo to go to video above.
How Positive Are You
XTRA: Bobby Russell fights Dismissal of his Kentucky Lawsuit, still contests His "HIV Test" results - and you can, too!
URGENT! You can make a difference. . . . Bobby Russell, recently interviewed by “How Positive Are You” co-host David Crowe on his “The Infectious Myth” show, is raising funds to appeal the September 2014, dismissal on summary judgmentof his medical malpractice suit against the University of Kentucky Medical Center and doctors. This system has an effective monopoly on “HIV/AIDS” testing and treatment in eastern Kentucky but no accountability to patients on how reliable those tests are. They misdiagnosed Bobby as “HIV positive” for eight years.
We hope you will agree that this lawsuit is important. Basically, Kentucky says that persons with “HIV-positive” test results (explained in Episode 6 and again inEpisode 82) must contest these results within a year, even if doctors and other clinicians tell them that they are “in denial” and must be referred for psychiatric evaluation for even thinking the results might be contestable. Continue reading here ...
The local police are taking this seriously, and we are, too. On June 25, 2016, Bobby Russell, a legal plaintiff claiming a false-positive “HIV test,” received four or five threatening calls to his mobile phone. He says that the caller(s), while not explicitly threatening to kill him, made reference to “what you are doing.”
“How Positive Are You” co-host Elizabeth (Beth) Ely thought it best to report this event, to help ensure Bobby’s safety. Continue Reading
Bobby Russell, 43, told Lex18 News he has lived the last nine years believing he was HIV positive. During that time, he has taken powerful medications and only had intimate relationships with HIV-positive people. to avoid
spreading the disease, he said. "It's just the most difficult thing I've had to deal with my entire life," he said. Continue reading ...
Bobby Russell, U.S. Veteran, Files Lawsuit Claiming HIV Misdiagnosis A U.S. veteran living in Kentucky is suing after a hospital allegedly misdiagnosed him with HIV in 2004. Since then, Bobby Russell, 43, has taken a powerful cocktail of drugs to combat the virus, has struggled with suicide and has had sexual relationships with HIV-positive partners.
"From 2004 until the present day, they never tested him properly for HIV according to the standard of care," Russell's lawyer, Jonathan C. Dailey, told The Huffington Post over the phone Tuesday morning. "He had some immune deficiency issues going on, but it wasn't HIV." Continue reading ...
Kentucky Man Bobby Russell
sues after alleged HIV mis-
diagnosis: "It's just been
the most difficult thing I've
had to deal with my entire life".
Bobby Russell said none of his doctors reviewed a test following his initial diagnosis that may have revealed he actually was not HIV positive. Continue reading ...
A U.S. Veteran living in Kentucky is suing after a hospital allegedly misdiagnosed him with HIV in 2004. Since then, Bobby Russell, 43, has taken a powerful cocktail of drugs to combat the virus, has struggled with suicide and has had sexual relationships with HIV-positive partners.
A resident of Lexington, Ky., Russell is suing the University of Kentucky Medical Center (UKMC), its affiliated infectious disease clinic, The Bluegrass Care Clinic, The Fayette County Health Department for medical negligence and failure to use reasonable care in diagnosing and treating him for HIV.
Russell's saga began in September 2004, when he was diagnosed HIV-positive by a UKMC doctor, according to the lawsuit, which was filed in mid-August. Russell questioned that diagnosis, saying an earlier test had come back negative. So Russell requested UKMC to administer a confirmatory test two days later. That test, called a Western Blot test, didn't detect HIV 1 and came back negative for HIV 2, according to the lawsuit. In spite of those results, the lawsuit says doctors proceeded to give Russell literature on how to cope with the virus and advised him to begin seeking treatment. The lawsuit alleges that none of Russell's doctors ever reviewed the results of the Western Blot test. Continue reading ...
A big court ruling involving a Lexington man who claimed UK doctors mistakenly told him
he was HIV positive only to find out nearly a decade later, he wasn't.
The question before the court: was the suit filed in time? Fayette Circuit Judge Thomas Clark
said it has been too long for Bobby Russell to sue for medical malpractice. Back in 2004,
Russell said Doctors at University of Kentucky Medical Center told him he was HIV positive. He said he never saw the actual test results until last year. He said the he finally saw them, the results were negative and so he sued.
Judge Clark released a written opinion stating he believes Russell’s claim is untimely.
“…it is clear that the plaintiff knew or should have known about the misdiagnosis before the mandated timeframe. He knew he had been wronged and by whom. Moreover, he had been informed by others that the doctors at UK had misdiagnosed him,” said Judge Clark’s written opinion. This means the Judge believes there is enough proof Russell knew about a possible misdiagnosis earlier and that the civil case was filed too late." Continue reading ... Click photo to go to video.
... "The fact is that the standard-of-care-protocol methodologies for HIV testing were never done," Dailey said. "By failing to follow the standard protocol, and telling him that he was HIV positive, telling him that he could only have relations with HIV-positives, then that damage has been done. You can't take that back. That's the critical part of this case."
UK spokesman Jay Blanton wrote in an email that, "as a policy, we do not comment on pending litigation." (Bluegrass Care Clinic, an infectious disease and HIV/AIDS clinic, is affiliated with UK's medical school.)
Greg Hines, a spokesman for the Fayette County Health Department, had no comment but said the matter has been turned over to legal counsel.
Russell said after he was diagnosed with HIV, he took the drug cocktail HAART (or highly active antiretroviral therapy) that routinely keeps many HIV and AIDS patients alive today. Continue reading ...
KHN Morning Briefing
Summaries of health policy coverage from major news organizations.
JAN 20, 2004
Kentucky House Committee Approves Bill That Would Require State To Identify HIV Patients by Name
The Kentucky House Health and Welfare Committee on Thursday approved without dissent a bill (HB 82) that would require the state to identify HIV patients by name to state health officials, the Louisville Courier-Journal reports. The state previously reported HIV-positive individuals using special codes, but the CDC prefers to track HIV-positive people by name. Currently, 38 states track HIV-positive patients by name, which gives them "an edge" in obtaining federal AIDS funding, State Public Health Commissioner Dr. Rice Leach said during a hearing on the bill, according to the Courier-Journal (Louisville Courier-Journal, 1/16). Continue reading article here
How Positive Are You
Episode 112: Bobby Russell Receives ‘Credible’ Threats as Lawsuit Dismissal Appeal Drags on
How Positive Are You
EDITORIAL: A Special Warning About False-Positive “HIV Testing” Results
October 14th, 2015
October 2015–Accurate diagnosis matters. We at “How Positive Are You” are extremely concerned about the life-changing diagnoses of “HIV positive” and “AIDS” that people are receiving, based on tests for surrogate markers including antibodies and genetic sequences. Because of our concern, we will post later today an interview with Dr. David Rasnick of the biotechnology firm Viral Forensics. Viral Forensics will offer our listeners and others a way to check their “viral load” tests against findings of “particles resembling HIV” under an electron microscope, as interpreted by a licensed pathologist.
I would like to take this time to extend a warm thank you to the individuals', physicians' and to a special organization, "Surgery On Sunday", for their for their efforts in putting this all together for so many individuals like me. Surgery on Sunday is outstanding and I appreciate them very much. I'd also like to thank WTVQ #abc for their hosting "Surgery On Sunday" telethon where this all began.
The Robert Scott Bell Show Thursday December 1, 2017
Happy World (HIV fraud) AIDS Day! Special Guests Professor Peter Duesberg and Bobby Russell and more! My interview begans around the 37:00 Minute Mark
Bobby W Russell
A victim of Medical Negligence and Medical Malpractice
Director for the Kentucky's Chapter of the National Medical Malpractice Advocacy Association
ADVOCATE, EDUCATE & EMPOWER
FOR THE PATIENT BY THE PATIENT
Hola, soy Bobby Russell y necesito desesperadamente tu ayuda.
En el año 2004 recibí un diagnóstico médico equivocado que arruinó mi vida.
Me diagnosticaron como VIH positivo, y por consejo de los médicos implicados tomé durante 8 años una medicación altamente tóxica.
Al pensar que era VIH positivo, corté los lazos con mi familia, amigos y no pude trabajar. No he sido capaz de tener hijos.
Durante casi una década mi vida ha sido increíblemente difícil.
Muchos de los artículos conocidos en formato video y audio, así como artículos impresos publicados pueden ser vistos en www.bobbywrussell.com
Dejé de tomar la medicación el 15 de octubre de 2013, y seis meses más tarde, repetí de nuevo el test, que volvió a dar negativo y he permanecido libre de medicación desde ese momento.
Desde que supe que nunca fui VIH positivo, he tratado desesperadamente de conseguir que mi caso sea escuchado a nivel judicial.
Quiero presentarme ante un jurado y que este decida si lo que los médicos y hospitales hicieron constituye un delito penal.
La lucha contra el sistema no va a ser fácil, soy como David frente al 'Goliat' de la industria médica.
Pero tengo fe en que puedo ganar si consigo que mi caso sea escuchado por un jurado en un juicio. jurado.
He empleado mis ahorros junto con las contribuciones de las personas que me han querido ayudar, pero no ha sido ni de lejos suficiente.
Los gastos habituales, tasas, gastos de vida típicos han consumido todo el trabajo de mi vida. Necesito tratar de reconstruir mi vida y mi confianza. Mi relación terminó dando lugar a la división de la casa en la que residía y debido a ahorrar para el proceso, mi automóvil se ha vuelto inservible. Necesito lo que usted pueda compartir. En caso de que vd no pueda, lo entiendo y le agradezco por el hecho de pensar en mí.
Tengo necesidad también de ayuda para sanar mi cuerpo después de tomar durante años medicamentos que no necesitaba.
Les pido que por favor colaboren con esta campaña y contribuyan de alguna manera si pueden.
Donación enlace de abajo:
http://www.bobbywrussell.com/contact - donaciones --- campaigns... o en www.paypal.com y también aquí en www.gofundme.com/pirzrc
Para obtener más información, sean bienvenidos a mi sitio web en www.bobbywrussell.com
A Lexington man thought he was HIV positive and that he would eventually die from it. He thought that because he said doctors told him that. A decade later he now said he never had HIV at all.
According to Bobby Russell, he upended his life in order to live HIV positive. He said he avoided his family and friends, started a strict regimen of powerful medications and even planned for his own funeral.
Now, he's said it was all for naught. Continue reading ... Click photo to go to video above.
April 3rd, 2015
by Anna Rodgers
To this day, when the hospitals and doctors involved are contacted regarding Bobby’s story, they say he was “not misdiagnosed,” but cannot provide the proof he was HIV positive. They also won’t comment any further.
Tragically, Bobby today is now at risk of developing other health problems associated with the toxic effects from the HAART medications. These drugs aren’t your average over-the-counter drugs – they are available only by prescription and have clearly listed adverse reactions and side effects. The fact that Bobby took these for almost a decade is very concerning because a non-HIV person should NOT be taking these medications.
Here is the part of the story that, I can easily admit, made me cry. Before Bobby was misdiagnosed, he was about to have a child with a friend. They had discussed this in great detail and planned to have a baby together. After his HIV diagnosis he knew that this would not be possible.
Now Bobby is 45, and his chances of becoming a father are – as I am sure you can appreciate – pretty slim. How can he support a child without being able to financially support himself? How could he get the adoption services to allow him to adopt a child when they know his story and his financial position? Continue Reading
By Amy Feldman
PHILADELPHIA (CBS) – If you’ve been misdiagnosed, can you sue the doctor?
After a Lexington, Kentucky man was diagnosed HIV positive 9 years ago, he immediately started treatment with powerful drugs and had relationships only with HIV positive individuals. But when he applied for disability benefits recently he was denied because, it turns out, he doesn’t have the disease.
Wow. That stinks. Not the not having HIV. That’s awesome. He’s so happy, he’s suing the doctor and hospital. And he’ll probably win. But just because you’re misdiagnosed doesn’t mean you can automatically sue. To continue reading report, follow this link.
XTRA: ‘How Positive Are You’ Co-host Elizabeth Ely Warns New Yorkers About Falsely Advertised ‘HIV Tests’ on WBAI’s ‘Jordan Journal’
January 8th, 2016
BROOKLYN, NEW YORK, JANUARY 8, 2016–‘HIV tests’ don’t test directly for virus, and now it’s been said on the radio. “How Positive Are You” co-host Elizabeth (Beth) Ely revealed this startling fact, news to many, to Howard Jordan of the minority affairs show ‘Jordan Journal’ on Pacifica Radio station WBAI. Listen to the archived version here. (First half hour is interview; second half hour is call-ins. The rest is on other topics.) Click here for more information or here for the interview itself.
How Positive Are you
This isn’t your usual, heartwarming living-with-HIV story. In August 2013, having found that he was “false positive,” Bobby Russell stopped taking “AIDS” drugs and filed a lawsuit against several doctors, hospitals and others over what they had put him through unnecessarily for more than eight years. As fate would have it, one of Bobby’s former doctors is now head of a major medical association.
Bobby tested, allegedly, positive in September 2004, just over a month after the last of a series of negative tests. He had, at the time, serious internal bleeding, so HIV seemed to explain his weakened immune system without looking too far inside. The problem was, although his doctor insisted the “confirmatory” Western Blot test (for all its flaws) was positive, it was actually negative.
For about eight years Bobby had been on AIDS drugs that caused serious side effects. And he only had relationships with HIV-positive people because he didn’t want to be responsible for infecting anyone.
In 2009 there was a negative Western Blot, but the social worker decided it must be wrong and convinced the lab to change the result to positive. Finally, in 2013, Bobby discovered his original, negative Western Blot. To hear the interview, follow this link ...