• Report:  #3154

Complaint Review: Mesa Lutheran Hospital - Mesa Arizona

Reported By:
- Tempe, Arizona,
Mon, September 04, 2000

Mesa Lutheran Hospital
Mesa, Arizona, U.S.A.
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Mesa Lutheran Hospital uses the Criminal Justice System through obvious political connections to cover up Hospital mistakes


The Mesa Police charged me with a crime that was clearly a Civil matter.

Mesa Lutheran Hospital used the Criminal Justice System through obvious political connections to take back the money they have already paid me. Clearly this was a way to cover up a Wrongful Death Law Suit and/or what they say was a mistake in a $31,000 payment to me. Please read my story below.



In October of 98, my baby died inside my wife's womb, possibly because of the negligence of the hospital or the doctor.

The doctor waited two days before taking the baby out after it was realized the baby was dead. Why? The doctor told me and two other people that he would have an autopsy performed and some answers. We never heard form the doctor or the hospital after several requests.

The day before the funeral I went to the mortuary to take a picture of the baby in her dress. The person at the mortuary told me that I might not want to do that because she looked very severely deformed from the autopsy that had been performed. I took photos of my baby anyway. Severe damage was done from her mouth to the top of her head from the autopsy. I also have photos before the autopsy.


In November of 98 I received the death certificate. From what the document said there was an autopsy performed. I contacted and visited the Hospital to get a copy of the autopsy report. I was told that they did not have a copy of an autopsy report, and after they looked into it a while they then told me that no autopsy was ever performed.

What, no autopsy? Why was my baby all cut up? They specifically told my dad and me and my in-laws that an autopsy was being performed.


In January of 99 my father began to call the hospital on several occasions asking for compensation for the baby so that we could avoid getting a lawyer over this matter. Although I have never sued anyone in my life before, I did retain a lawyer for this, and after a year and a half he told me that there was nothing else that he could do. The lawyer seemed to stonewall me.


In April of 99 or early May, before I had retained this lawyer for damages against the hospital, Immediately afterwards I received a check in the mail from Mesa Lutheran Hospital before the lawyer had done anything.

My father called the hospital and inquired about the check. The person representing Mesa Lutheran Hospital told my father not to worry about anything because Mesa Lutheran Hospital is "well pleased with the settlement" and they hoped that we were too. My father thanked them.


I then brought the check to the Bank One where I already had a bank account. The bank told me that they would have to put that amount of money on hold for five to seven days until I could receive $5,000 and another seven to ten days more to receive the rest of the $31,398.06 if I wanted to withdraw the money. After six to seven days I went to the bank and asked them if the money was ready. The woman at the bank told me to hold on a minute while she called the hospital to verify if the funds were available or not so they could be released to me. Bank One called the hospital and gave them my name, the check number, and how much the check was for. Mesa Lutheran Hospital told her the funds could be released. So the bank gave me my money. I then took some of the money and paid off debts and buy necessities for my family.


A few months later a detective by the name of Ms. Van Kirk came

to my house while I was at work. My father told her that I was not at home. She asked where I was and he told her that I was at work. She told my dad that he was a liar because my truck was in the driveway. She kept telling him that he was a liar and that she knew that I was here. She then asked my dad if he wanted to be arrested for harboring a fugitive. I came home later that night and my father told me that detective Van Kirk had come by and my dad began to go into detail about how she presented herself to him.

The next day I called the Mesa Detective from work and asked her why she went to my house and threatened my father like that. She

then started asking me about the check from Mesa Lutheran

Hospital. She said to me "do you want to just bring the money down here and give it to me?" I told her no. She kept saying "you know that the money is not yours." Outraged, I told her "what makes you think that I think that?" I continued, "you do not know what I think." Then we talked about my baby's death. She told me that the death of my baby has nothing to do with this money. Eventually, during this futile conversation, she hung the phone up on me.

In June 2000 two detectives who go by the name of Mr. Barron and Ms. Fisher came out to my house. We were outside underneath the carport. Detective Barron started talking to me and he said "either you come down to the station and give us the money, or we are going to arrest you and press charges for theft." I told them that this has nothing to do with them and that they have to give me a court date before they can arrest me. They said "no we don't, and we are going to arrest you." I said "you cant arrest me without a warrant." They said "yes we can, this is a warrant-less arrest because we have probable cause." Barron informed me that he was going to arrest me, and proceeded to do so, but never read me my rights. The next morning at about 3:00 AM I was released without having to pay bail or bond.

On June 27th, 00 I went to my preliminary hearing. My public defender told me to read my police report and only after then would she talk to me. I read and looked up, and she then informed me that they have a plea bargain. She said "this is what is on the table, a Class 6 felony with full restitution." She told me that she couldn't guarantee that I would have no jail time. I never saw the plea bargain in writing, nor did I ever see a judge or prosecutor.

On July 10th 2000 I was to appear in the Phoenix Superior Court where the judge entered a not guilty plea. The judge for some reason turned my case back over to the Superior Court in the City of Mesa.

In August, 00 the public defender Lynn Moore told me over the phone that she felt that I had indeed committed a crime and that

she guaranteed me that I would lose this case if this thing

went to trial. She told me that she would put that in writing. (still to this date I have not received anything in writing) I asked her what makes her think that I have committed a crime? She said from what they have said, and from what she has read. I said to her "that's funny because you never once asked me my opinion or my side of the story." I explained a couple of things to her about the situation several times, but she only told me the same thing again and again, that she does not understand what I am saying. It's quite obvious that she clearly understands everything the prosecution and the other people she talks to about the situation are saying. It seemed like she was more on their side than on mine. I did not feel like she had my best interests in mind is after hearing, seeing and feeling all of this.

On August 28th, 2000 the Mesa Superior Court Judge (Commissioner Anderson) orders me not to say anything. My public defender tells the commissioner/judge that I should not say anything because of some law. The judge agrees and says that I should not say anything. The public defender says whatever she wants to the judge, but I cannot say anything. I was asked by the judge if I wanted to wave the 180 day speedy trial. I told him that I did not know because I did not have adequate council to give me the best advice. The judge then said that I messed up by saying anything. I was denied a continuance for a pre-trial conference because he did not think that there was good enough reason. The judge would only listen to the public defender.


AGAIN, The Mesa Police charged me with a crime that was clearly a Civil matter. Mesa Lutheran Hospital used the Criminal Justice System through obvious political connections to take back the money they have already paid me, they now say this was a mistake. Obviously, I had every reason to believe that this was payment in lieu of the wrongful suspicious death of my baby at the time I received the $31,398.06. WE called Mesa Lutheran, the bank called Mesa Lutheran to verify I was the rightful owner of the funds. I would have no way of ever paying back this money. They will now destroy my life converting this into a criminal offense.

Why wouldn't the Judge overseeing this case realize the Hospital was misusing his court room and the Criminal Justice System?

This cannot be a criminal case by even the most creative stretch of imagination.

Is there a connection between the Hospital, Mesa Police and the Mesa Courts against me. I'm not a "good OLE boy" and I have no money to defend myself? This has to be a "Good OLE boy favor," This only comes to light as I read the outrageous allegations in the local news papers and on the Rip-off Report about the City of Mesa corruption. Now it seems to all be adding up.

.... **Victim responds Pacific, Missouri same situation

Subj: Pacific, Missouri corruption

Date: 9/4/00 3:29:26 PM US Mountain Standard Time

From: [email protected]

To: [email protected]

My guess is that they took your baby's organs without your consent and distributed them to whoever. Hospitals, fire departments, police depts., prosecuting attorneys all have their little hands in the political pool and they are all tied into the 'good ol boy' system just as you say. It's the same way here in Pacific, Missouri.

My daughter died last April. We weren't at the hospital more than 1 minutes when we had this b***h of a nun show up in the room asking us if our little girl was the type of little girl that would love to help others. I told her to leave. It's not traumatic enough that you are seeing your child lying dead on the table but they have to show up as soon as you enter the room. My daughter had already been dead for more than an hour and a half so it was too late for any vital organs. So I ask what's the hurry?

I didn't find out until 4 months later when I got a copy of the autopsy report that they had taken her leg bones. Can you believe this? I called the hospital administrators office and she asked me how I knew they took her leg bones. I told them because I looked in the bottom of the casket. I had been

driving myself crazy wondering why her legs were wrapped in plastic and had rubber bands around them. Obviously, if we had signed the form donating her bones I wouldn't have had to wonder what was wrong with her legs. This woman then proceeded to tell me that most people don't look in the bottom of the casket. I asked her if that's how they got away with it because most people don't look in the bottom of the casket. She then told me 17 year old bones are very valuable. Can you believe this heartless b***h? I asked her if she had children and she said yes. I then told her I rest my case.

St. John's Hospital in Washington, Missouri is the hospital that took my daughter's bones. We were not going to donate anything and then they sent the doctor in saying they had to perform an autopsy so only then did we agree to donate corneas and heart valves. When we got a copy of the form it had whole eyes, heart valves and bone tissue checked off. Then it goes on to list that while they have your loved one open they can take anything they want for testing. Well, why ask what you want to donate then, why not take everything.

At no time did ANYONE at the hospital say anything to us or explain anything to us regarding them taking anything they want. They just hounded us to donate and then left without saying a word. Nothing was ever explained to the other girl's parents either. Mid-America transplant made plenty of money off of my daughter's bones I'm sure.

I have emailed them but have received no answer. As a matter of fact the administrator I emailed took his email off-line so I couldn't write him anymore. The whole point is that this is all a big game to them. MONEY, MONEY IS ALL THEY ARE INTERESTED IN. As much as I know people are waiting for organs, it should be a choice, it should not be forced on a family and that family should not have to find out that they mutilated their daughter they way we did.

The bottom line is always check the casket and always request a copy of the document you sign so they can't go behind your back and check off anything they want as St. John's Hospital did to us. This is also not an isolated event. When we went to several Bereaved Parents meetings other parent's had spoke of the same nightmare.

You are correct sir in stating that the 'GOOD OLE BOY' system is alive and well all across the United States.

Bereaved in Pacific

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