Minot Hepatitis C outbreak count now at 44

finger pointing

Manor Care long term care or Trinity Health
out and inpatient care, or…?

Minot is a very small city of only about 43,000 people with perhaps another 30,000 in the area.  The best local article I’ve found by Jill Hambek provides this information:

This investigation was conducted with assistance from the Centers for Disease Control and Prevention, as well as other state and local agencies. Currently, 44 cases of hepatitis C have been identified as part of the outbreak. Ages for cases range from 38 to 100, with the median age being 84. All of the cases have a complex health care history, including inpatient care, outpatient care and long-term care.

Probably not too many of the elderly patients will be able to clear the virus naturally and I doubt if many will receive treatment due to their age.

Why should we care about this particular health-care associated HCV transmission? The NDDOH hasn’t been able to determine what procedures, if any, were done incorrectly. But if phlebotomies, performed by hospital staff, resulted in 44 HCV infections in one nursing home were done “safely” by today’s standards, then the standards must be changed.  If nail clipping procedures were done “safely” by today’s standards then those standards must be revisited as well.

Minot offers a perfect opportunity to examine these safety issues but the NDDOH (or CDC) has not answered the questions I have.  For example, was one set of nail clippers used on all identified patients (shared use)?  Or do the patients own their own personal implements? If the implements were shared, how were they sterilized between patients? Are nail clippings, which may have blood on them, treated like medical waste? Were the providers tested? It is mind-boggling to think that HCV from one person spread to 44 others in such a short amount of time and public health officials aren’t communicating with the public they serve.

Medicare doesn’t cover routine nail trimming but may if systemic diseases like diabetes are involved. (There has been a lot of fraudulent billing for this service.)  Medical nail clippers are considered medical devices although the FDA ignores them on their website.  My guess, after looking at a podiatry supply company website, is that staff use non-personal instruments due to their high cost.

Mid-western politeness is wonderful but it could be a barrier to getting more detailed information that might lead to anger and lawsuits.  On the plus side, more information about a significant HCV outbreak in one small American city could add to global knowledge about how to stop HCV transmission routes.

Minot–If it can happen here….

Posted in Guest authors, HCV Health, HCV Risks (documented) | Tagged , , , , , , , , , , , , , | 2 Comments

FACEPLACE–I LOVE THIS POST

1530301_10151814520316681_109981439_nPen Astronutt loans us this one for the weekly winner. There’s just not enough horses or dogs in this world by a long shot.

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NORAD tracks Santa again this year

santaWhat would Christmas be without children and Santa?  Thank goodness the North American Aerospace Defense Command at Peterson Air Force Base will be on the job again.  According to Navy Lt. Cmdr. Bill Lewis, NORAD has been tracking Santa global journey for 58 years.  Volunteers take calls from children in eight languages. 

The volunteers sign up for “NORAD Tracks Santa” for a good reason, Lewis said.  “It’s the joy of the season in your heart,” he said. “When you get the first few phone calls from these kids and hear the innocence in their voices … if you step back and take it all in, it’s incredible.”

Live coverage is on the official tracking website (with Java/cookies enabled or smartphone).  Works well with Firefox.The site had over 22 million visitors from 235 countries last year. Hope Santa visits every one at ASKNOD this year with good things.  

Merry Christmas and Happy Holidays to all.  

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VA TO EXPAND TBI INJURIES

Benefits_headerWell, the VA finally has decided to think like an AO presumptive claim. Certain diseases travel in a herd. TBI is a compendium of many brain damaged functions in no particular order. Additionally, no one suffers from exactly the same menu of symptoms but it can be said that the menu of symptoms that occur to the universe of TBI recipients is virtually identical. Parkinson’s, dementia (NOS), depression, grand mal seizures, hypothalamic dysfunction diseases are some of the five One of the functions of the hypothalamus is the control of the pituitary gland. 

Time to bust out the magic typewriter and file these before one of them puts you in a wheelchair permanently.

Posted in Gulf War Issues, VA Health Care, vA news, Veterans Law | Tagged , , , , , , , , , , , , , , , , | Leave a comment

SHARPER IMAGE GIFTS–HEATED DEER BLIND

1451560_10201853827759933_590454558_nThat’s right. For the Vet who has everything. These guys are so hard to shop for.  New.338 Win. Mag w/ 4X9 Redfield tube? Got a nice semi two years ago. Electric Heated boots by Tesla? Been there. Got ’em. Four-wheeler swamp buggy/duck boat? Bought it custom. Heated deer blind with kegtap/beerholders and patented Hydroswirl® Jets every six inches? I don’t think so. 

That right. For just a cool $1.3 mil, we’ll chopper this 8 foot baby in to the lower 48 (check rates for Hawaii/Alaska 10% more) and have it set up on the morning of the hunt. Up to three moves allowed over two weeks of rut. Excludes final take down, dealer prep, destination fees, geographical offsets for fuel surcharges and all local taxes applicable. Does not include EPA permitting or BLM/DNR authorization. Beer included (please specify tap or bottle).

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VAOIG–8 HOUR WAIT IN EMERGENCY ROOM “WITHIN LIMITS”

VAOIGI received this today from our Watchdog Guardians. Ever-vigilant, they were quick to descend on Denver for a quick check of rumors about excessively long delays in VA’s newer, larger Emergency Department (ED) waiting rooms. While there, they decided to kill two birds with one stone and investigate how long it takes to get your call answered at the VAMC front desk. My guess is Linda Fournier and her OIG pals haven’t had to call the Prize Redemption Center’s 800-827-1000 number in a number of years and experience a 4+-hour wait there. Maybe someone should call the ombudsman and complain. 

Here’s the gist of the good stuff. Remember, everything’s abbreviated so hard time in the waiting room is contracted to Length Of Stay (LOS). LOS is further slotted into four-hour increments and it is hoped that the maximum wait would not exceed 1.5 LOS.  Certainly you can see one LOS sounds a shit-ton better than 4 hours of Sports Illustrated. Additionally, LODs are time-managed by the Emergency Department Integration Software (EDIS) Thus, you end up with convoluted time management using the rotation of Jupiter as a predicate:

VHA requires that EDs use Emergency Department Integration Software (EDIS). EDIS allows staff to record and track ED patients. Recorded information includes patient arrival and disposition (discharge, transfer, admission) time, and is broken down into 4-hour increments. The time elapsed from arrival to disposition is referred to as length of stay (LOS). VHA’s LOS target is for 10 percent or less of patients to have a LOS
greater than 6 hours.  For our evaluation, we used a 4-hour LOS benchmark due to the software timing features.

Software timing features. I’ll have to remember that one at my next BVA hearing. “Well, your honor, due to software timing features, my disease does not manifest itself in a normal LOS that correlates with my medical forays to the VAMC. Thus it isn’t always notated in the EDIS accurately.”

Think the below through to its logical conclusion.

VA OIG’s Hotline Division received the following allegations: the ED “needs help,” wait times exceeded 8 hours, and a patient was treated discourteously and afraid to return; and staffing issues at the Call Center caused long call waiting times and callers dropped out because they grew tired of waiting. During this review, we received an additional allegation that another ED patient was treated discourteously. We did not substantiate the allegation that the ED “needs help.” While we found some ED wait times (length of stay [LOS]) exceeded 8 hours, we determined the facility met VHA’s target of less than 10 percent of patients with a LOS over 6 hours. We did not substantiate the allegation that ED staff treated two patients discourteously, or that one of the patients was afraid to return to the ED due to alleged discourteous treatment.

Can you imagine going to an emergency room with a raging fever and waiting over 8 hours to be seen? Wait.  Even six hours?  Well, maybe at Lackland AFB’s Wilford Hall but that’s military. Obviously, both the VA and the OIG are overjoyed that the wait isn’t over 10 hours but this is disgraceful. When I last went down to American Lake VAMC in Lakewood in August, I was unprepared for the remodel. The floor area for the doctor offices and examination rooms had decreased 40% and the waiting areas had metastasized equally as much. My old friend Gloria, who had for years greeted me at the Yellow Team reception area was gone. I now had to wait in a line that did intake for the Blue, Yellow, Red, Silver Teams AND the Emergency Department. What’s more, the ED waiting room was reduced to about 10 chairs smack dab in the front entry where the new reception desk had been erected. As you enter the foyer and reception, the waiting line blocks further progress.

Setting that disturbing non-finding aside, there were complaints of long waits to talk to the VA health Nurse and others we are required to converse with before pushing “Print” and heading out to an emergency room closer to our domiciles. Remember, you are not technically allowed to seek out medical care just anywhere when VA is your go-to provider a la Obamacare. By law, you have to give them a sort of “first right of refusal” before your significant other drags your lifeless body into the car with the help of the kids. This creates another metric called the EDIS LOC or Length Of Call. When the LOC exceeds 2 LOS and no fog can be seen on the mirror under your nose, you are then legally permitted to go to an ED nearer you. This is called the EC clause for Emergent Condition. It is also the only legal leg you have to stand on if you have waited less than 1 LOC on hold.

One thing I noted in my last visit was even though my appointment was early in the morning by VA’s standards (10 AM), the LOS was already pushing out to an hour (11 AM)before I was finally face to face with the doctor. While in the waiting room, I got to meet some of our latest class of Veterans recently released to Veterans status. The VA Secretary has graciously given them two free years of medical insurance (almost free) much like the GI Bill. Unlike this free medical, the GI Bill is not fraught with 2.0 LOS pitfalls. In fact, they use a different metric measured in months instead of hours.

Most of the Vets I talked to said this was no different from being in the military and going on sick call. I remembered back and damn if they weren’t right. Remember rolling in after morning formation and sitting there waiting for the recently arrived Commander’s wife’s 3 year-old daughter to be seen first? And you with a paltry 102.5 fever? Now that I’m on Medicare and back in the land of the real medicine, I find a 10-minute wait past my designated appointment to be a piece of cake. Never again will I fall for the “Dude, you’re 100% and Priority One. You get to step to the front of the line. We can schedule you in for that heart arrhythmia in two weeks. AM or PM?”

The waiting on hold is a Monty Python skit looking for a stage to happen on:

We substantiated the allegations that Call Center understaffing caused long call waiting times and callers to abandon calls. We found 40 percent of the Call Center’s authorized registered nurse, medical support assistant, and pharmacy technician positions were vacant and determined that inadequate staffing contributed to the Call Center’s failure to meet VHA targets for caller response time and call abandonment rates. We also found
that calls were dropped due to the telephone system’s 120-line limitation, and callers who used the automated call return system did not always receive a return call. An upgrade of the phone system is not planned until FY 2016 when the facility relocates. Additional staff and an upgraded system should eliminate the 120-line limitation and reduce callback system failures.

Yes indeed. Silly Vet. Just be patient until 2016 and then we’ll be able to put 1200 of you on hold. Wait until you see the new LOH (Length On Hold) breakdown into 6-hour increments so that some calls can be carried over to the next day making the the delay appear shorter than it really is.

downloadI have seen commercials on prime time inviting people to come work for the VAMCs. In an age of unemployment nationwide, I find it incongruous that jobs-government jobs, no less- can go begging.  These are much sought after in the VBA sector so I just assumed they received the same fervent response in the VHA. Based on this disturbing news and the rapid turnover of eight Personal Care Physicians (PCPs) in my five years with the VA medical machine, I can only surmise there is another detrimental dynamic I am unaware of that decreases the desire to seek VA employ. Apparently, it infests Denver as well.

One last observation. It seems the OIG krewe only ventures out to the Mile-High city in the winter months when the powder is about 40″ deep and the conditions on the slopes are rated “excellent”. I’m sure that’s an utter coincidence but Karaoke machine rentals also seem to spike at about these times when the OIG is in town. We report. You get to Sherlock.

Posted in Medical News, OIG Entertainment, VA Health Care, vA news, VAOIG Watchdogs | Tagged , , , , , , , , | 2 Comments

THIRD QUARTER BVA DECISIONS POSTED

download (1) The third quarter of BVA decisions were posted the other day. Surprisingly, HCV filings only jumped from 513 to 582 for a net increase of 69 decisions. Most of the decision dates are October or November of the current year. 

http://www.index.va.gov/search/va/bva_search.jsp?RPP=50&QT=hepatitis+c&LC=582&RS=201&DB=2013

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BVA–EENY-MEENY-MINY-MO. WAS IT CLAP OR WAS IT SNOW?

FROM THE REDSKIN REGIONAL

OFFICE  IN INDIANVILLE, INDIANA

 

mcfbIn one of those convoluted rulings, the BVA Judge here is faced with some unalterable facts.  Johnny Vet has four or five risk factors. VD, which is proof of licentious sexual behavior, is not willful misconduct. In addition, he claimed sharing razors or group shaving haircuts like basic, jet guns and probably every illicit drug known to man. The list of drugs involves some I’ve never heard of and I’m not exactly a stranger to this game. About the only thing he didn’t claim was a tattoo risk.

The various VA examiners, doctors and gastrodocs all agree he came down with it in the seventies-undoubtedly via the results of a liver biopsy showing a very advanced state of affairs. Nevertheless, the consensus puts it squarely in the seventies during his service. All those wild and crazy drugs he snorted, smoked or otherwise ingested through his pores from the intervening years are inadmissible in court because they really do not show inception-just poor intercurrent judgment. VA has a really, really hard time getting by that.

In a September 2002 letter, Dr. D.C. Pound found that the Veteran had chronic hepatitis C, which he most likely acquired in the late 1970s while in the military.

In fact, our smart fellow Veteran here wisely introduced all the wonderful new evidence that the CDC and DoD elected to do away with jetguns when they figured out we were all coming down with HCV, HBV, AIDS etc. That in itself was a smoking gun pointing back to the unsanitariness in the seventies.

The examiner found that sexual intercourse was considered less of a risk for infection with hepatitis C and noted a recommendation to discontinue the use of air gun injections for vaccinations by the military due to the transmission of hep C.

Faced with this obstacle, they had to choose which drug or risk was more liable to have caused the hep. How do you do that 43 years later? Well, shucks Pilgrim. VA does it all the time but now it’s getting harder with the internet and asknod. So, in order of risk, instead of trying to assign some percentage to each one and then add them up, they have to consider each one equally. It used to be for about a year in the early to mid 2000s that VA raters would say ” VD-1% risk; Tattoo- 5% risk; shared razors-.001%; jetguns- unproven but plausible; Intravenous drug use-85%. Therefore the first risks listed add up to 6.001%. The IVDU, however, which is willful misconduct incidentally, is far higher ergo the HCV is not due to a legitimate service risk in the line of duty.”

va-rating-device-m212Here, the Veterans Law judge couldn’t even resort to the  VA’s legendary weighted Wheel of Fortune that always lands on DENIED. He had four legitimate choices and three were medically recognized risks. Hence, Johnny Vet wins because of the benefit of the doubt says more risks were “legal” risks than non legal ones.

Remember this decision because, while it is not precedence, it exhibits a finding that jet gun use was discontinued due to unsanitary practices and the inherent inability to guarantee a “clean” inoculation. This is the first BVA decision to be used  as evidence. While it may not have been the precipitating factor in the win, it is now a recognized facet of law that the jetguns are disease factories capable of transmitting all kinds of bugs. HCVets- 1, VA-0.

 


							
Posted in BvA HCV decisions, HCV Health, HCV Risks (documented), Jetgun Claims evidence, Nexus Information, Veterans Law | Tagged , , , , , , , , , , , , , , , , , | Leave a comment

BVA–HCV DIAGNOSED IN 1970

From the Hollywood Regional

Office in greater Los Angeles

 

downloadHere’s one of those HCV claims that looks for all the world like it has legs. Vet serves in Vietnam as a medic, or, in the alternative as a hospital orderly. In any event, his risk factors appear legitimate. Johnny Vet applies for the Hep   and is a little disingenuous and less than forthcoming when answering the Risk Factors Questionnaire (RFQ). In fact, he studiously avoided answering it completely. Which is okay with the VA because he’s already spilled the beans on his proclivity to use drugs way back thirteen months earlier. Just because he quit 25 years ago and leads a model life now does not a successful claim make. What’s more, offering no logical explanation for your lapse of good judgement leaves the door open to VA to supply the answers. 

Having a soupçon of medical knowledge can be anathema to your claim, too.  Johnboy apparently was unaware that HCV did not become a brand-name disease until 1989 and reach official recognized status by 1992. Thus, claiming you were diagnosed with it in 1970 can be a real dealbreaker when the subject of credibility comes up.

 

The Board has considered the Veteran’s statement that he was diagnosed with hepatitis C in 1970. As set forth, there is no objective evidence of liver problems during service or for many years thereafter. The Veteran underwent a physical examination in May 1972 in connection with his Reserve service. At that time, he specifically denied having jaundice or hepatitis. Thus, the Board finds the Veteran’s report regarding the date of diagnosis to be inconsistent with other evidence and not credible.

Johnny Vet has many deficiencies in his claim but the willful misconduct via the intravenous drug use undoubtedly worked against him. Additionally, when asking for a combat exemption under 38 USC §1154(b), it helps if you have a medal or two that proves you were in the fray. Alas, Johnny comes up short on this one as well.

Initially, the Board notes the Veteran’s reports of combat participation. Personnel records show that the Veteran was a hospital man and was assigned to the U.S. Naval Support Activity, Danang, Vietnam. The Veteran did not receive any awards or decorations establishing combat participation. The Board has considered the Veteran’s April 2009 statement discussing his Vietnam service, to include working at a military hospital and a security base. The overall evidence, however, is against finding that the Veteran engaged in combat with the enemy. 38 U.S.C.A. § 1154(b) (West 2002) is not for application.

To really put a fork in it all, our “hospital man”, under the able guidance of the Disabled American Veterans, has arrived (as usual) with no supporting nexus letter or Independent Medical Opinion (IMO) that could possibly support his contentions that he had exposure to blood or blood products. In sum, he arrives with little more than lay testimony that paints an admirable picture of a combat medical person with a debilitating disease caused by his MOS. As most of us know from experience, this rarely carries the day.

Evidence is king in this game. Lay testimony, in conjunction with facts and documented service records, is the repair order. I have no doubt this Vet could have won if he’d developed the case more completely but that is ostensibly why we go to the VSO experts. Here at Asknod we have demonstrated that negative evidence and “Imperial entanglements” are not the death knell to a HCV claim. Proper development in a logical progression with careful management of  evidence introduced most often is the panacea. However, arriving at the Board of Veterans Appeals with a saddlebag full of nothing more than contentions won’t even get you in the door. Arriving with no nexus when it is a legal requirement further enunciates the reason we advocate you simply do it yourself and get it right the first time. Each failure makes it more and more insurmountable the next time out as all too many of you have discovered.

Posted in BvA HCV decisions, HCV Health, HCV Risks (documented), Veterans Law | Tagged , , , , , , , , , , , , , , , , , , , | 4 Comments

TODAY’S FACEPAGE WINNER

My melon-collie baby

My melon-collie baby

Dennis “pop” Smoke wins this one hands down today. Humor is what makes the world turn in my tortured mind. A life without humor would be very dull indeed. Thanks Smoke.

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