10 • Valley Voice
2 February, 2017
Comments & Letters
Re: TLHCD & Kumar/Benzeevi/Betre Lawsuit
TRMC/HCCA Spokesperson Unlike Mr. Lampe and Mr. Amir, our attorneys do not try cases in the public arena or the media. And we generally do not comment on pending litigation. Mr. Lampe would better serve his clients by focusing on the lawsuit instead of continually grandstanding in public. The State Bar has expressed its reservations about attorneys making public comments about pending litigation. For example, California Rules of Professional Conduct Rule 5-120 provides in part as follows: Rule 5-120 Trial Publicity (A) A member who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the member knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter. And although we will not comment
substantively on the litigation, we would like to point out some inaccuracies which have resulted from Mr. Lampe’s misguided comments which were made at the last board meeting, and the “interpretation” of those comments by a reporter at the Visalia Times Delta: 1. First, the $78,603 payment which was deposited with the superior court is not “financing the appeal of the [Betre] lawsuit”. That payment represents the cash amount which was posted instead of an appeal bond, and ultimately if the appeal is successful, or any attorney’s fees which may be awarded is paid, then the deposit will be returned to the District. 2. The judgment in the Betre case has been appealed. It is therefore premature for Dr. Betre or his attorneys to claim victory in that case. Moreover, there has been no award of attorney’s fees at all in the Betre case, and there will be none until the appeal is resolved. 3. The District had legitimate rea-
sons for funding the plaintiffs’ attorney’s fees in the Betre case, and it should be patently obvious that there was no misuse or waste of “public funds.” The District’s position has been set forth in court pleadings, and will be reiterated in the trial of the matter. That position, in brief, is that the District has an obligation to preserve the integrity of the hospital’s peer review process in order to protect patient safety and that by disclosing what he purported to be confidential peer review information to the press, Dr. Betre not only undermined the integrity of the peer review system, he also undermined the ability of the District to attract new physicians, who obviously rely on the confidentiality of the peer review process. We believe that if anyone is wasting the District’s money, it is Mr. Lampe and his clients, who have initiated multiple lawsuits alleging violations of the Public Records Act. One of the lawsuits, the “Drilling”
case, originally named all of the individual board members, plus Dr. Benzeevi, Dr. Zulim and HCCA as defendants. After being accused of suing his former client, Dr. Kumar, in violation of his ethical obligations, Mr. Lampe dismissed Dr. Kumar from the lawsuit. Then, in response to the demurrer filed by the District, which showed that there was no supportable legal basis to prosecute claims against the individual Board members or HCCA, Mr. Lampe dismissed everyone from the lawsuit other than the District. Mr. Lampe also dismissed HCCA from the other Public Records Act lawsuit and thereby avoided having to respond to the District’s demurrer in that case. Of course, the District incurred significant legal fees in connection with these proceedings. So it is incongruous and indeed ironic that this self-styled “champion” of the public’s rights and the public’s coffers has in effect wasted a good deal of the public’s money by filing demonstratively improper lawsuits.
New Mental Health Facility Too Close to Residences, School Lester “Wayne” Phillips Recently the Tulare County Board of Supervisors approved by unanimous vote to purchase a building at the southwest corner of Tulare Ave. and Lovers Lane. The plan for the county is to use the building for Mental Health Services. While I believe that Mental Health Services are desperately needed, I strongly oppose the location of this facility.
The address for the building is Lovers Lane, but the front door and the main entrance to the parking lot face Arkle St. which is a residential community and not an appropriate location for a Mental Health treatment facility. This building is also in close proximity to Pinkham School whose Principle expressed deep concerns as to the location. My opposition is multi-faceted. First of all, it is not in compliance with
the zoning for the City of Visalia and the County, rather than apply for a variance in the use, invoked “exemption status”. Safety and Security is my main concern for the location of this facility. Foot traffic will be increased in an area where children play and routinely walk to and from school. We are told that the facility will have security guards, but those guards do not protect the neighborhood. Only the facili-
ty. Property values are also a concern. Whenever someone is purchasing a home, they not only look at the home, but the entire neighborhood as well. When I purchased my home in 1986 the strip of land between Lovers Lane and Arkle was zoned for business offices. I wasn’t opposed to this, but when someone sees a mental health facility in the neighborhood it could easily deter them from making the purchase.
Comments from ourvalleyvoice.com
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Quote “Representatives with HCCA say that they’re able to work with any board — they just want to make the hospital the best it can be.” If this is truly HCCA’s outlook then they should support the changes in their TLHCD contract that the overwhelming number of Tulare citizens are demanding. To show good faith they could do so prior to Kumar’s removal. Why wait?
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— Barbara on Kumar Recall Moving Forward; Signatures Certified
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Wow is right!! It is so obvious that HCCA is doing anything they can to go against change and bringing transparency. The two new board members are trying to make the right moves to draw a line and do what is right for the hospital. While the puppet masters(Bennie & Kumar) control the strings!!! All the old board members need to go as they are drinking the daily kool-aid.
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— Writing on the Wall…… on New TLHCD Board Members Seated as Factions Develop
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Maybe next month they will do another retro order to authorize the spending of $78,000 for Kumar’s and Benzeevi’s lawsuit against Dr. Betre, the Chief of Staff, that they booted out. That is a good way to function, cover your butts after the money has been spent with no board authority. Sounds like Wilbourn is cool with functioning like that. Maybe she can just tell them “not to do it again.” I am sure she will be listened to – NOT!
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— Truth16 on New TLHCD Board Members Seated as Factions Develop
My name is Teresa and I spoke at the Board meeting. NOONE tells me what to do or makes me say anything. I’m not “on the clock” like some of you mutter. I come on my own free time. Just so we are clear “justacitizen”. Every employee that works at that hospital has every right to be at those Board meetings like anyone else that is a citizen of this town. I am a taxpayer, citizen of Tulare and a proud employee of TRMC. If I have reacted to negative comments and said things to offend people, I am sorry. I know of the social media attacks, and it’s wrong. I’ve been on the recieving end of it, too. I speak
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So happy to know that they continue to move forward and provide excellent health care. I’m proud to be a part of this great group of people. Thank you for your hard work and perseverance! Continue moving forward. Tulare needs you!
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— Paul Stratman on HCCA Achieves Meaningful Use Stage 2 It is obvious you are very frustrated by the criticism that is being directed toward the hospital. My question to you is, how does one get the Board to listen to what the community is telling them. The community did not support Measure I, they voted Bell and Gadke off the Board and now, Dr. Kumar will face a recall election. The community has spoken, they want their hospital back. The Board should listen to the community rather than listening to Benzeevi who is only interested in our hospital because he is ripping it off to the tune of $9,000,000 per year.
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— Dave on New TLHCD Board Members Seated as Factions Develop
We do have our hospital, so I don’t understand why you think we don’t, Dave. If the people had an issue with Dr Kumar, then why didn’t anyone do anything about it the last 20 years? He’s been elected time and time again. Dr Kumar has done amazing things for this hospital. He serves so many in our community that other Drs wouldn’t . Look into why GI doctors don’t take call on the weekends at KDDH? That’s bad on Kaweah, someone could die, and that isn’t serving the community. Thank God Dr Kumar is available to take call, he is always available. I can’t say that for some other GI Drs. HCCA is helping our community have a hospital. They’ve made our hospital survive during difficult times.
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— Teresa on New TLHCD Board Members Seated as Factions Develop
my mind like everyone else, freedom of speech and opinion are a part of this democracy. I’ve been blocked from Citizens for Accountability because they only want THEIR side. If you don’t agree with their stance, you’re blocked. They’ve condoned viscious comments for months, against our staff, and I’m sick of it. The stories I hear from community members is dispicable about doctors telling them NOT to go to our hospital. That’s ILLEGAL. A patient has a right to go anywhere, but they trust their doctor and listen to them and because of HIPAA, unless a patient tells you that their Dr did this, the community doesn’t know. This has to stop.
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— Teresa, on New TLHCD Board Members Seated as Factions Develop