WE’RE LIVE AT THE SCHOOL BOARD BUILDING JIM PIGGOTT CHANNEL 4, THE LOCAL STATION. JIM,
THANK YOU.
>> NEW AT 6 O’CLOCK, A LEGAL
FILINGS FROM THE FLORIDA
DIVISION OF ADMINISTRATIVE
HEARINGS SHOW SAINT VINCENT’S
MEDICAL CENTER HAS AGREED TO
ACCEPT LIABILITY AND
PARTICIPATE IN ARBITRATION
PROCEEDINGS FOR THE PURPOSE OF
DETERMINING DAMAGE AMOUNTS AND
AT LEAST A FEW OF THE HUNDREDS
OF LAWSUITS FILED AGAINST THE
HEALTH SYSTEM AND AGAINST A
FORMER ORTHOPEDIC SURGEON
THERE. OTHER PATIENTS WHOSE
LAWSUITS ARE PENDING IN CIVIL
COURT. ACCUSED DOCTOR DAVID HE
CAN OF CAUSING HUNDREDS OF
DEVASTATING INJURIES DURING
KNEE AND HIP REPLACEMENTS
BECAUSE HE WAS OPERATING WHILE
IMPAIRED BY A PROGRESSIVE
NEUROLOGICAL CONDITION FROM
2016 TO 2020 AND AT THE
HOSPITAL KNEW THAT HE WAS
IMPAIRED BUT DID NOT PROTECT
PATIENTS. THE HOSPITAL HAS
DENIED WRONGDOING. NEWS 4 JAX.
I TEAM INVESTIGATOR AND
MAXWELL HAS OBTAINED A LOT OF
NEW INFORMATION ON THESE CASES
AND
>> TOM, TONIGHT WE’VE OBTAINED
VIDEO OF DOCTOR HE CAN FROM A
2019 DEPOSITION WHILE HE WAS
STILL PRACTICING MEDICINE THAT
SHOWS HIM SLURRING HIS SPEECH.
A SYMPTOM PLAINTIFFS ALLEGE
WAS CALLED BY CALLS BY
PROGRESSIVE SUPER NUCLEAR
POLICY. WE’VE ALSO OBTAINED
THE TRANSCRIPTS OF DEPOSITIONS
GIVEN BY SAINT VINCENT’S CHIEF
MEDICAL OFFICER AND FORMER
DIRECTOR OF SURGICAL SERVICES
AND THEIR DEPOSITIONS BOTH
TESTIFIED ABOUT THE CONCERNS
BROUGHT TO THEM ABOUT DOCTOR
HE CAN AND HOW THEY REACTED.
>> THIS DEPOSITION SHOWS
DOCTOR DAVID HE CAN IN AUGUST
OF 2019 TESTIFYING AS AN
EXPERT WITNESS. HE WAS A
PRACTICING ORTHOPEDIC SURGEON
AT ASCENSION SAINT VINCENT’S
RIVERSIDE HOSPITAL AT THE
TIME. WHAT WAS THE NEXT STEP
THAT WAS
>> TO TRY TO? SOLVE THE
PROBLEM. WELL, WE HAD A
PATIENT THAT HAVE HAVE PAIN.
>> HAVE A LAWSUIT PENDING AND
THAT NOTHING WRONG WITH
UNDERSTAND. BUT A LAWSUIT
PENDING.
>> I HAD PAIN DOCTOR. HE CAN
IS ALSO HEARD SLURRING HIS
SPEECH AND AN AUDIO CLIP FROM
FEBRUARY OF 2019 PLAINTIFFS
ALLEGE THIS WAS RECORDED BY A
PATIENT. AND WHEN YOU READ
THROUGH THE IDEA PROVE MOVE
THERE, IT’S 20’S IN SAINT
VINCENT’S MEDICAL CENTER’S
CHIEF MEDICAL OFFICER. DOCTOR,
JUST MATHESON WAS SHOWN THOSE
AUDIO AND VIDEO CLIPS DURING
HIS 2021 DEPOSITION. HE SAID I
DID NOT HEAR A DIFFERENCE IN
THAT AUDIO FROM WHAT I
NORMALLY HEAR OF DOCTOR HE,
KEN, AND THAT THE VIDEO CLIP
WAS CONSISTENT AND HOW HE
REMEMBER DOCTOR HE CAN FROM
2018. THIS VIDEO OF DOCTOR HE
CAN IS FROM THE DEPOSITION
TAKEN IN AUGUST OF 2020 A FEW
MONTHS AFTER HE RETIRED THAT
YOU WERE TO LIVE FOR 2019.
>> WE
>> GET FOR BETTER. I DON’T
KNOW. IN HIS DEPOSITION,
DOCTOR MATHESON SAYS DOCTOR HE
CAN WAS KNOWN FOR OUTBURST
FROM BEFORE 2018 WHEN HE
ARRIVED AT THE HOSPITAL.
DOCTOR HE CAN IS NOW ACCUSED
OF BOTCHING HUNDREDS OF
SURGERIES FROM 2016 TO 2020
WITH PLAINTIFFS ALLEGING HE
WAS IMPAIRED BY PROGRESSIVE.
SUPER CLEAR PALSY, WHICH
ACCORDING TO THE MAYO CLINIC,
IS A RARE BRAIN DISORDER
CAUSED BY BRAIN CELL
DETERIORATION. THAT WORSENS
OVER TIME SIGNS AND SYMPTOMS
INCLUDE LOSS OF BALANCE AND
POOR EYE MOVEMENT. IN ADDITION
TO SLURRED SPEECH, IMPULSIVE
BEHAVIOR AND COGNITIVE
DIFFICULTIES WHICH MAY MIMIC
PARKINSON’S AND DEMENTIA
ACCORDING TO THE FORMER
DIRECTOR OF SURGICAL SERVICES
AT SAINT VINCENT’S RIVERSIDE
ON GALLOWAY, DOCTOR, HE CAN
STICK LINE WAS DISCUSSED AMONG
HEALTH CARE PROVIDERS AT THE
HOSPITAL WITH MULTIPLE PEOPLE
BRINGING COMPLAINTS ABOUT HIM,
INCLUDING CONCERNS HE WAS
IMPAIRED, NOT THE SAME SURGEON
AND A SHELL OF THE MAN HE ONCE
WAS. HE SAYS HE WAS ALSO
ALERTED TO CONCERNS ABOUT THE
DOCTORS, SPEECH GATE AND
OVERALL, AT FACT, GALLOWAY
SAYS HE DID NOT NOTICE ANY
CHANGES AND HE CAN PHYSICAL OR
MENTAL ABILITIES WHEN HE FIRST
MET HIM IN SEPTEMBER OF 2019,
2, WHEN HE CAN RETIRED IN
APRIL OF TWENTY-TWENTY. THE
CMO TESTIFIED THAT HE RELIED
ON OPERATING ROOM LEADERSHIP
LIKE GALLOWAY TO RAISE ISSUES
TO HIM. BUT GALLOWAY’S
DEPOSITION TESTIMONY REFLECTS
THAT HE DISMISSED SOME NURSES
AND SURGICAL TECHNICIANS
CONCERNS ABOUT HE CAN AS
HEARSAY OR GOSSIP. THAT WAS
EMOTIONAL OR DRAMATIC SAYING
HE NEEDED TO ASSESS COMPLAINTS
BEFORE TAKING THEM TO THE CMO.
HE SAID HE WOULD SPEND ABOUT 5
OR 6 MINUTES IN THE OR WITH
DOCTOR HE CAN TO DETERMINE
WHETHER ANY CONCERNS WERE A
PARENT. AND IF YOU DIDN’T SEE
ANYTHING ABNORMAL, NO CONCERNS
WOULD BE REPORTED. GALLOWAY
ALSO TESTIFIED IN HIS
DEPOSITION, ONE OF HIS
RESPONSIBILITIES WAS TO
GENERATE CASE VOLUME, FIGURING
OUT HOW TO DO MORE CASES IN A
DAY. AND HE SPOKE TO THE CEO
IN MARCH OF 2020 ABOUT A
REVENUE VICTORY SAYING
SURGICAL SERVICES HAD A RECORD
MONTH. THE CMO TESTIFIED THAT
HE INITIATED AN INVESTIGATION
INTO HE CAN CONDUCT IN
SEPTEMBER OF 2019 WHEN A
SURGERY OF DOCTOR HE KUNZ WAS
CANCELED AFTER THE PATIENT’S
FAMILY SAID THEY DIDN’T FEEL
COMFORTABLE WITH HIM OPERATING
BECAUSE HE LOOKS TIRED AND
WASN’T MAKING SENSE. THE CMO
TESTIFIED THAT HE IMMEDIATELY
ACTIVATED THE MEDICAL STAFF,
LICENSED PRACTITIONER HEALTH
COMMITTEE, WHICH REMAINED
ACTIVE THROUGH THE REST OF
DOCTOR. HE CAN CAREER. HE ALSO
TESTIFIED HE TOLD DOCTOR HE
CAN THAT HE NEEDED TO
VOLUNTARILY STOP DOING SURGERY
IN THE FACILITY UNTIL THEY
COULD ADEQUATELY INVESTIGATE.
HE TESTIFIED DOCTOR HE CAN WAS
CLEARED TO PRACTICE BY A
NEUROLOGIST ON OCTOBER 6TH
AFTER THAT PLAINTIFFS ALLEGE
HEALTH CARE PROVIDERS CONTINUE
TO COMPLAIN ABOUT DOCTOR HEEKE
END WITH THE DIRECTOR OF
SURGICAL SERVICES. DON
GALLOWAY SAYING A ROBOT WAS
BROUGHT IN TO HELP DOCTOR HE
CAN OPERATE NEAR THE END OF
HIS CAREER BECAUSE THERE WERE
CONCERNS ABOUT HIS SURGICAL
OUTCOMES. GALLOWAY ALSO
TESTIFIED THAT THE CMO TOLD
HIM HE HOPES COVID WOODLEY
DOCTOR HE CAN TO RETIRE.
>> GALLOWAY SAYS HE CAN
CARRIED WEIGHT AT SAINT
VINCENT AND THAT, QUOTE, THE
HOSPITAL WAS BUILT AROUND.
DOCTOR. HE CAN IS HE ALSO SAID
THE PATIENT SHOULD BE THE ONE
TO DETERMINE IF A SURGEON IS
IMPAIRED. HE ALSO SAID
DIAGNOSING OF DIAGNOSING A
PHYSICIANS UNDERLYING
NEUROLOGICAL CONDITION IS
SOMETHING A SPECIALIST WOULD
HAVE TO DETERMINE THROUGH
TASKS. RECORDS SHOW SAINT
VINCES THEN SINCE HAS ACCEPTED
LIABILITY IN SOME CASES AND
AGREED TO PARTICIPATE IN
ARBITRATION TO DETERMINE THE
APPROPRIATE DAMAGE AMOUNTS.
BUT IN COURT RECORDS ON A
DIFFERENT CASE, THE HOSPITAL
HAS DENIED ALLEGATIONS OF
WRONGDOING AND FOLLOWED HIS
OWN CROSS CLAIM AGAINST DOCTOR
HE CAN AND HE CAN CLINIC
ALLEGING THE DOCTOR AND NOT
THE HOSPITAL SHOULD BE LIABLE
TO THE PLAINTIFFS FOR ANY
DAMAGES. AN ATTORNEY FOR SAINT