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Former Gun Company Executive Explains Roots of America’s Gun Violence Epidemic

2 years ago

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From the movie theater to the shopping mall, inside a church and a synagogue, through the grocery aisle and into the classroom, gun violence has invaded every corner of American life. It is a social epidemic no vaccine can stem, a crisis with no apparent end. Visual evidence of the carnage spills with numbing frequency onto TV shows and floods the internet. Each new shooting brings the lists of loved ones lost, the galleries of their smiling photos and the videos of the police response. And each mass shooting brings another surge of national outrage.

According to the Centers for Disease Control and Prevention, guns became the leading killer of children and teens in 2020, overtaking car crashes, drug overdoses and disease for the first time in the nation’s history. Yet as the one-year anniversary of the massacre at an elementary school in Uvalde, Texas, passes, nagging questions loom.

Why haven’t lawmakers acted with forceful correctives? What will it take to regain a sense of safety? When will change happen? And how, exactly, did America end up here?

Ryan Busse, former executive at Kimber America, a major gun manufacturer, recently shared his thoughts on these questions with ProPublica. He was vice president of sales at Kimber America from 1995 to 2020 but broke with the industry and has become a gun safety advocate. He testified about mass shootings and irresponsible marketing last July in front of the House Committee on Oversight and Reform and authored the book “Gunfight: My Battle Against the Industry That Radicalized America.”

In June 2021, he became a senior adviser for Giffords, a gun violence prevention group led by Gabrielle Giffords, the former Arizona congresswoman gravely injured in 2011 during a mass shooting. This conversation has been edited for length and clarity.

Where are we, as a nation, on guns? And where do you think we need to go?

I think we might be on the precipice of things getting much worse. I think this Bruen decision, the Supreme Court ruling, quite possibly will unleash so many lawsuits against so many counted-upon regulations that citizens may wake up to the equivalent of, like, no stop signs in their town anymore, except for it’ll be on gun regulation. [The Bruen decision has been called one of the court’s most significant rulings on guns in decades. It struck down New York’s concealed carry law as unconstitutional, saying it conflicted with the Second Amendment.]

What do you attribute this trend to?

As I write in my book, there was a time not that long ago, maybe about 15 to 20 years ago, when the industry understood a sort of fragile social contract needed to be maintained on something as immensely powerful as the freedom to own guns. And so the industry didn’t do certain things. It didn’t advertise in egregiously irresponsible ways. It didn’t put, you know, growth, company growth, above all other things. There were just these unspoken codes of conduct the industry knew not to violate. And those seem to have broken down. And now it’s kind of a victory at all costs. And sadly, I think there’s a lot of cost.

What do you say to people who make the argument that guns are protected by the Second Amendment and that yes, a deranged person here or there may do something bad, but is it fair to punish or penalize law-abiding gun owners with unnecessary or extra government intervention?

I am a gun owner. I hunt and shoot with my boys. I want to continue doing that. I believe and I think that I have a right to do those things. On the other hand, I do not believe that right can exist without a commensurate amount of responsibility. And that responsibility either has to be voluntary or it has to be legislated.

I don't think universal background checks are an infringement. I just don’t buy that. I think it’s part of the responsibility of exercising this right. I don’t think strengthened red flag laws are in any way an infringement. I think that’s what we must do as responsible citizens. I don’t think that controlling irresponsible marketing is an infringement on our Second Amendment rights. In fact, I think it’s our responsibility to do it. I think there’s a small thread of truth in the position you portray, but democracies function in a sort of carefully balanced gray area. And I think our balance in the country right now is way, way off.

Are there others in the gun industry who share your view?

There were people who agreed with everything I said before the sort of radical shifts started to happen in about 2005, 2006, 2007 and 2008. But, you know, as with most things, when you earn a paycheck from something, you’re likely to be greatly influenced by it. And so, over time, most of the people in the industry have either converted to a true belief in the sort of radicalized Second Amendment absolutism that now I think is very dangerous, or they have just left the industry. There is only a place for complete, 100% devotion.

What caused the radicalization?

It was a combination of factors. After Columbine in 1999, the National Rifle Association in very well-publicized meetings now, thanks to sleuthing and digging by reporters at NPR, we now have tapes of the meetings where they literally said, are we going to be part of the solution here? Or maybe we can use these things to drum up hate and fear in our members? We might even be able to use them to drive membership. And they chose the latter. They perfected that system for about seven or eight years, getting their feet underneath them. They figured out it can drive politics. And then an explosion hit. That explosion was the future Black president leading in the polls in 2007. And then Barack Obama won in 2008. So you have this sort of uncapping of hate and conspiracy, much of it racially driven, that the NRA was tapping into. Prior to 2007, people in the United States never purchased more than 7 million guns in a single year. By the time Barack Obama left office, the United States was purchasing almost 17 million guns a year. And so I think it’s impossible to discount the degree to which Obama’s presidency lit this whole thing on fire.

When Trump was elected, there was what was called in the industry the “Trump Slump,” meaning since a Republican was elected, the fear of Obama was gone, and Hillary Clinton didn’t get elected. The sort of fear and conspiracy subsided, and sales stagnated for a little while because the industry and gun owners believed that the threat had passed. But with Trump, we experienced a whole new, never seen before level of fear, racism, hatred and conspiracy that culminated in 2020. In that year, you had George Floyd, COVID lockdowns, Black Lives Matter, Antifa protests and Kyle Rittenhouse. I mean, it’s the most tumultuous year any of us can remember with the most hatred and conspiracy and nastiness. None of us can remember a year like that. In that year, the United States consumers bought almost 23 million guns in a single year, more than three times as much as before Barack Obama took office.

Last year there was a rash of youth-related mass shootings. Uvalde comes to mind. The tragedy at a Buffalo, New York, supermarket comes to mind. How do race, conspiracy and these political headwinds you mention result in young people committing these massacres?

When those things happen, they’re not products of one particular event or series of events. They are the culmination of lots of turmoil in our society. And we’ve always had turmoil in our society, and every society has always had turmoil in it. What no other society has had is 425 million guns and this culture, on the right, that tells young men that to be real young men, they must purchase an AR-15 and go out and solve their problems. The industry 15 years ago would not even allow the AR-15 to be used or displayed at its own trade shows. I mean, they were locked up in a corner. You had to have military or police credentials to even go in there. Now, they’re spread around like crazy, and the marketing campaigns are so aimed at young men that in some ways, it’s not shocking that Uvalde or Buffalo or [the July 4 shooting at a parade in the Chicago suburb of] Highland Park, all three heinous crimes, all three committed with AR-15s, all by very young men. It’s not shocking to me that those happen; it’s shocking to me that they don’t happen every day.

What is more powerful in this country right now than social media advertising? And if it’s not so powerful, why do all the gun companies and the tactical gear companies maintain such polished social media accounts? Advertising is something that happens over time, and creates a perception and creates brands, and creates ways of thinking. And I think that certainly happened with the Buffalo shooter.

The Buffalo shooter wrote in his manifesto about perusing YouTube videos, social media accounts, all the places where tactical gear — which are some of the most egregiously advertised items in the firearms industry right now, bulletproof vests, helmets, gloves, all things that weren’t marketed at all 20 years ago. He studied very carefully what bulletproof vest to wear, what tactical gear to wear, he used the exact same gun that was used in Sandy Hook, the Bushmaster XM-15, the same gun that was advertised in [Remington Arms’] man card campaign that told young men: “You don’t have a man card if you don’t have one of these rifles. And you do have a man card if you do have one of them.”

Now, can you draw a direct line from that ad to those two shooters? I don’t know that you can draw a direct line, but I think you could damn sure draw an obtuse line. I mean, two young men who, obviously, I mean, come on, like, that’s not a mistake. And if advertising doesn’t matter, then why are they doing it?

What are the fixes? Are there any fixes?

What did Winston Churchill say? “Americans will eventually do the right thing.” And I think we may be in for more ugliness before we do the right thing. Some of that will be demanding that the Supreme Court not apply foolish originalist reasoning to instances like this. So part of that will be demanding that either through public pressure or through eventually, in the long game, replacing those justices with ones who don’t believe that way.

The other thing is, we’re going to have to, as a society, just rise up and demand responsibility, the same kind of responsibility that the industry that I worked in once imposed on itself.

You know, I tell the story that 15, 20 years ago, the industry named guns like the Smith & Wesson 629 or the Remington 870 because you had [industry] attorneys that knew that even the names of guns could be important. They could encourage people to do irresponsible things. And so you’d never wanted to even name things that might encourage bad things to happen. Now we have a gun called the Wilson Urban Super Sniper. I mean, what are you supposed to do with that? We now have a gun called the Ultimate Arms Warmonger. What are you supposed to do with that? We now have an AR-15 company called Rooftop Arms, as in when you don’t get what you want, you vote from the rooftops. And what happened in Highland Park? A kid got up and killed people from a rooftop. You see the old self-imposed responsibility; those old norms of behavior have been just completely trashed.

So we can, as a society, demand reinstatement of those norms. Those have nothing to do with laws. They don’t require legislation. They don’t require two-thirds of the vote in the Senate. We can demand that. And we may have to.

Justin Cooper, chief of operations at Rooftop Arms, told ProPublica the business name stems from the origins of founders and is in no way related to “voting from the rooftops,” past events or political causes, or views.

ProPublica contacted Remington Arms and Bushmaster for comment but didn’t receive a response.

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Clarification, June 5, 2023: This article has been updated to clarify that guns have become the leader cause of death for teens as well as children.

by Corey G. Johnson

West Virginia Governor’s Coal Empire Sued by the Federal Government — Again

2 years ago

This article was produced for ProPublica’s Local Reporting Network in partnership with Mountain State Spotlight. Sign up for Dispatches to get stories like this one as soon as they are published.

Federal authorities sued West Virginia Gov. Jim Justice’s business empire on Wednesday, seeking $7.6 million in unpaid environmental fines and overdue fees. The move adds to Justice’s growing legal and debt problems and comes just a month into his campaign for the U.S. Senate.

Justice Department lawyers filed the suit to collect fines assessed by the Interior Department against 13 companies for strip mining violations that “pose health and safety risks or threaten environmental harm” to neighboring communities.

For years, Justice has been dogged by allegations that his family businesses haven’t paid their business and regulatory debts. In 2020, an investigation by ProPublica and Mountain State Spotlight found that the total judgments and settlements owed by Justice family businesses had reached $140 million. The review found hundreds of lawsuits that dated back more than 30 years, with many filed by workers, vendors, business partners and government agencies, alleging they hadn’t been paid.

This week’s lawsuit is the third time in the last two months that either federal agencies have pursued legal action against the Justice companies or a court has ruled against them over fines for environmental and worker safety violations. In April, a federal appeals court ruled that Justice companies must pay $2.5 million in fines assessed by the Environmental Protection Agency. In mid-May, the Labor Department sought a judge’s help in collecting millions of dollars in fines, alleging Justice companies are habitually late making payments related to violations that could have endangered the health and safety of coal miners.

The new suit cites more than 130 violations and more than 40 more serious enforcement orders issued between 2018 and 2022. The Justice companies previously argued that the government had reneged on a deal to resolve some of these violations for a $250,000 fine. But a federal judge threw out their case.

In response to this week’s suit, Justice sought to divert attention from the substance of the case by implying that the White House was using regulatory agencies for political purposes. “Joe Biden, Chuck Schumer, and the Democrats have seen the polling that show me winning this U.S. Senate race. Now the Biden Administration has started their political games to beat me,” the governor said in a tweet.

Justice, a hugely popular Republican, is seeking the GOP nomination to challenge Sen. Joe Manchin, a Democrat who is often the swing vote on key legislation.

Government lawyers said the underlying violations included the failure to maintain and ensure the stability of a dam, violating pollution limits and not controlling erosion or sediment from mine sites.

Christopher R. Kavanaugh, the U.S. Attorney for the Western District of Virginia, said in a statement that the companies “failed to remedy those violations and were ordered over 50 times to cease mining activities until their violations were abated.”

Kavanaugh continued, “The filing of this complaint continues the process of holding defendants accountable for jeopardizing the health and safety of the public and our environment.”

In addition to unpaid environmental penalties, the case also seeks nearly $200,000 in unpaid Abandoned Mine Land fees, which fund the federal cleanup of coal mines abandoned prior to 1977. West Virginia has more than 175,000 acres of abandoned mine sites awaiting cleanup, the second-highest total in the country. According to one estimate, the Interior Department program for cleanups is projected to have a shortfall of more than $25 billion nationwide by 2050.

As the mining industry continues a downward economic spiral, reclamation of abandoned mines is an increasing concern in coalfield communities, especially in the wake of corporate bankruptcies that threaten to shift the costs to taxpayers.

The total amount sought by the government also includes interest and administrative expenses.

Justice has said that he and his family’s companies always pay their debts. The governor was not named as a defendant in the Interior Department suit, but 12 of the 13 companies involved were listed among his business holdings on his most recent financial disclosure filed with the West Virginia Ethics Commission.

The new lawsuit does name the governor’s son, James C. “Jay” Justice III, as a defendant. The suit states that Jay Justice is a “controller” of 12 of the companies named in the complaint and that he was previously assessed fines as a corporate owner, as allowed by the federal strip mine law.

Representatives for Jim Justice’s businesses and for Jay Justice did not respond to requests for comment on the lawsuit.

Four years ago, Jay Justice issued a news release after the family’s coal firms sued the Interior Department over what was then $4.2 million in unpaid strip mining penalties and fees. The companies alleged that they had a verbal deal to resolve the matter for $250,000. But, they said, the agency backed out. Fearing a government collection action like this one, the Justices sued to try to enforce that verbal deal.

“We don’t want to have to go to court to get the government to do the right thing and live up to its end of the bargain,” Jay Justice said at the time, “but we can’t sit back and let the government take advantage of our good faith efforts to resolve this matter.”

Five months after that case was filed, a federal judge in Virginia dismissed it.

by Ken Ward Jr., Mountain State Spotlight

Supreme Risk

2 years ago

Last summer, the U.S. Supreme Court overturned the constitutional right to abortion established 50 years ago in Roe v. Wade, raising concerns about the future of other rights rooted in Supreme Court rulings. Although most rights are secured by statutes and regulations, others are guarantees extrapolated by the court from the often abstract language of the Constitution. Some of these are recent rights, like the right to carry a handgun in public. But many are longstanding, like the right to be read a Miranda warning by police before being interrogated, and trace their origins to the liberal majorities that presided on the court from the 1950s through the 1970s, an era often called the “rights revolution.” Because these rights were established by the court, the court alone gets to decide whether to preserve, shrink or unmake them.

To get a better sense of which rights may be at risk — in whole or in part — ProPublica scoured judicial opinions, academic articles and public remarks by sitting justices. Some justices, like Clarence Thomas, have had decadeslong careers and lengthy paper trails. By contrast, Ketanji Brown Jackson, the newest justice, has almost no prior record. We found dozens of rights that at least one sitting justice has questioned.

Check out our interactive, which allows you to explore these rights and the objections levied against them. We include federal legislation that’s been introduced to protect a given right, as well as lawsuits active in lower courts that could become vehicles for the justices to revisit existing rights in the future.

by Ian MacDougall and Sergio Hernandez

Supreme Risk

2 years ago

Last summer, the U.S. Supreme Court overturned the constitutional right to abortion established 50 years ago in Roe v. Wade, raising concerns about the future of other rights rooted in Supreme Court rulings. Although most rights are secured by statutes and regulations, others are guarantees extrapolated by the court from the often abstract language of the Constitution. Some of these are recent rights, like the right to carry a handgun in public. But many are longstanding, like the right to be read a Miranda warning by police before being interrogated, and trace their origins to the liberal majorities that presided on the court from the 1950s through the 1970s, an era often called the “rights revolution.” Because these rights were established by the court, the court alone gets to decide whether to preserve, shrink or unmake them.

To get a better sense of which rights may be at risk — in whole or in part — ProPublica scoured judicial opinions, academic articles and public remarks by sitting justices. Some justices, like Clarence Thomas, have had decadeslong careers and lengthy paper trails. By contrast, Ketanji Brown Jackson, the newest justice, has almost no prior record. We found dozens of rights that at least one sitting justice has questioned.

Check out our interactive, which allows you to explore these rights and the objections levied against them. We include federal legislation that’s been introduced to protect a given right, as well as lawsuits active in lower courts that could become vehicles for the justices to revisit existing rights in the future.

by Ian MacDougall and Sergio Hernandez

Anchorage Gave Her a $1.6 Million Grant Despite Prior Fraud Allegations. Now She’s Under Investigation Again.

2 years ago

This article was produced for ProPublica’s Local Reporting Network in partnership with the Anchorage Daily News. Sign up for Dispatches to get stories like this one as soon as they are published.

Two years ago, in May 2021, the Anchorage Assembly gave $1.6 million to a little-known charity that said it would help people find homes and addiction treatment during the COVID-19 pandemic.

At the time, local governments across the country were awash in money from a federal program known as the American Rescue Plan Act, or ARPA. Anchorage city leaders had $50 million to hand out to local applicants, and the money moved fast. The nonprofit House of Transformations received one of the largest awards.

Left unsaid in the appropriations talks was that the state of Alaska had permanently banned the founder of the nonprofit, Rosalina Mavaega, from serving as a Medicaid provider in 2015. The punishment resulted from a medical assistance fraud investigation and remains in effect. Mavaega’s husband, Esau Fualema, who is a co-founder of House of Transformations, separately pleaded no contest to criminally negligent homicide in 2008 and failed a background check to work at Mavaega’s prior company.

Mavaega is at least the second grant applicant with a public record of fraud allegations to receive COVID-19-related money from the city. In the other case, Revive Alaska Community Services received $750,000 from the Assembly, also in 2021, despite its president, Prince Nwankudu, pleading guilty in 2012 to conspiracy to commit mail fraud. (Nwankudu did not respond to interview requests and emailed questions; Revive Alaska has not been asked to return the funds.)

Mavaega is a political supporter of embattled Anchorage Mayor Dave Bronson, though the grant she received came before he took office. Bronson later appointed her to serve on the Anchorage Equal Rights Commission, which is tasked with investigating allegations of discrimination, and to serve as the business representative on the city housing and homelessness committee.

Bronson kept Mavaega on the city commissions even after the Anchorage Daily News and ProPublica first asked about her Medicaid ban in March. The newsrooms have subsequently learned that federal investigators are looking into the city commissioner and her businesses.

The IRS is seeking information about city grants awarded to Mavaega and her affiliated businesses since 2021. One Anchorage business owner contacted by investigators said officials representing the Department of Treasury and the Small Business Administration asked for information about House of Transformations, “their business dealings” and bitcoin investments.

When a reporter visited Mavaega’s office on May 18, an employee said she was not available but was scheduled to talk with investigators that afternoon. She did not respond to subsequent emails and phone calls seeking comment.

Fualema also did not respond to emails, phone messages or an interview request delivered to his home.

The mayor’s office confirmed the existence of the federal investigation on Thursday, in response to renewed questions from the news outlets.

Bronson spokesperson Corey Allen Young said investigators contacted the city in February and have requested information about Mavaega and at least six of her affiliated businesses and nonprofits. Young said the city could not provide a copy of any subpoenas under city and federal law. A spokesperson for the IRS said federal law forbids the agency from discussing any potential investigation.

Asked if the mayor has removed Mavaega from the two city commissions, Young said no. “The Mayor doesn’t have the unilateral ability to remove members from commissions,” he wrote in an email.

Bronson’s administration has been rocked by a slew of investigations and resignations since the former municipal manager he appointed wrote a letter in January saying she had been fired for “attempting to convince (Bronson) to cease unlawful and unethical activities using municipal resources.” Bronson has declined to talk about the accusations, citing potential litigation.

Since then, the acting city attorney, Bronson’s deputy chief of staff, the city’s human resources director, the mayor’s chief of staff, the Solid Waste Services director, the library’s deputy director, the city’s chief fiscal officer and the maintenance and operations director have all resigned.

One of the last of Bronson’s original team, Chief Equity Officer Uluao “Junior” Aumavae, is the brother of House of Transformation director Elizabeth Aumavae. Junior Aumavae and Elizabeth Aumavae did not respond to interview requests or emailed questions.

House of Transformations and various limited liability companies that use the same office address and same name, or similar names, are among a constellation of new nonprofits and businesses Mavaega created in recent years.

Some of the entities nest within a pyramid of holding companies. For example, Mavaega and Fualema created a business called 3XB Holdings Group LLC in August 2016. That business, in turn, owns at least 10 other businesses, including Signet Ring Bible College LLC. The Bible College LLC in turn owns Signet Ring Vocational Center, which in turn owns House of Transformation Beauty Center.

The news agencies found that Mavaega successfully applied for at least 29 separate business licenses since January 2020. According to business registration paperwork, the new entities are intended to provide services including temporary shelter, trade school classes, “community housing services,” beauty salons and substance abuse treatment.

At least 10 of the businesses are based in a Midtown Anchorage office building.

A woman there who identified herself as Lynda and said she is a member of the House of Transformation board of directors said witnesses had appeared before a grand jury on May 16.

“There’s an investigation going on, it’s just a matter of we don’t know what’s next,” she said.

The Alaska Medicaid Fraud Control Unit charged Mavaega and her business at the time, A Loving Care PCA, with two counts of medical assistance fraud in 2014. According to the state Law Department, prosecutors dropped the criminal charges and referred the case to the Alaska Health Department for “administrative enforcement action.”

The state Division of Senior and Disability Services subsequently moved to permanently bar Loving Care and Mavaega from being Medicaid providers based on the same allegations laid out in the criminal filing. The division gave four reasons for the ban: violating background check requirements, submitting billing claims without adequate documentation, offering a rebate for Medicaid referrals and submitting claims without supporting documentation.

As a result, Maveaga’s business can no longer bill any federal health care program, including Medicare, Medicaid and Denali KidCare for its services.

Mavaega requested an administrative hearing to challenge the suspension, but an administrative law judge upheld the ban Nov. 27, 2015. According to that decision, “These violations consisted of ongoing billing errors and allowing individuals to be involved/employed at Loving Care, who had either been barred from participation in the Medicaid program due to the results of the required criminal history background check, or who had not undergone the required criminal history background check.”

Mavaega appealed the ban in 2016, arguing the penalty was too severe and relied on hearsay evidence, but a state Superior Court judge upheld the punishment.

Mavaega and Fualema incorporated a nonprofit called House of Transformation in July 2019. In February 2020, they incorporated another nonprofit, House of Transformations, with an “s.”

Also in 2020, Mavaega started a business with Juan Carlos Reed, a former client of House of Transformations who had been sued the prior year by the state of Alaska for unfair trade practices. Reed had falsely claimed to be a licensed contractor and falsely claimed to be a military veteran, the state said. A judge in 2021 ordered him to pay the state $75,000 in civil penalties. (Reed has not paid the fine, according to the state Department of Law.)

On Tuesday, Reed said he did not lie about being a military veteran and said he was unaware of the judgment against him. Paperwork that the House of Transformations filed with the state in January 2021 listed Reed as secretary for the nonprofit. Reed said he was not involved in any grants received by House of Transformations and did not know he had been listed as an officer for the nonprofit. He said he was not in Alaska in 2021.

“The only thing I know about this situation is because I was subpoenaed to testify as a witness,” Reed said. He would not say when he received the subpoena or who sent it.

The business created by Mavaega and Reed, called Alaska Executive Independent Paralegals, is listed as “involuntarily dissolved” on the Alaska Division of Corporations, Business and Professional Licensing website. Reed said that the business never got off the ground and he intentionally let the license lapse.

In 2021, Mavaega asked the city for more than $1.6 million under the name of the House of Transformations and another of her businesses, Signet Ring. The Assembly awarded the money in May 2021 to “provide housing, addiction treatment, vocational and apprenticeship training, and other wrap around services for persons experiencing homelessness.”

Mavaega said at the time that House of Transformations had 50 clients living in three locations.

The grant included $496,660 for House of Transformations “general operating expenses,” $454,260 for Signet Ring “general operating expenses,” $326,345 for employment and addiction treatment services and $345,900 for “Signet Ring vocational and apprenticeship funds for students.”

The money made Mavaega’s nonprofit one of the biggest recipients in the first round of ARPA grant awards from the city. House of Transformations received more than city agencies such as the fire and police departments, and it received the 13th overall largest grant out of the 64 awarded.

The chairperson of the Assembly at the time, Felix Rivera, said no one on the panel back then was aware of Mavaega’s ban by the state Health Department. He said the Assembly does not have the resources to investigate all grant applicants.

“They were relatively new, so we didn’t know too much about them,” he said. “We wanted to make sure that ARPA funds didn’t go to just established nonprofits.”

Bronson took office July 1, 2021.

When a second round of ARPA grants became available in 2022, Mavaega applied again. This time she requested an additional $1.4 million.

The Assembly did not approve the second round of funding. Rivera said the Assembly wanted to spread the funding among new recipients.

In September, Bronson also appointed Mavaega to represent business interests on the city’s Housing, Homeless and Neighborhood Development Commission.

Anchorage’s vulnerable and highly visible homeless population is a major concern among residents and policymakers. The city’s largest sports arena has served as a mass shelter for most of the past three years. Twenty-four people who were believed to be homeless died outdoors in the city in 2022, and an additional eight died outdoors in April of this year — the most ever recorded in a month since the Daily News began tracking outdoor deaths in 2017.

The Daily News and ProPublica found that one of the mayor’s top advisers in 2021 worked to prevent a city-owned hotel from being used to house the homeless. Bronson appointed the adviser’s business partner in a commercial real estate company to a city commission even though the partner was awaiting trial in a felony stalking case. The commissioner resigned after the newsrooms asked about the appointment.

Bronson named Mavaega to the Anchorage Equal Rights Commission in November. The newsrooms first asked Bronson in March why Mavaega was appointed to city commissions despite being banned from serving as a Medicaid provider. At the time, the newsrooms were reporting on the Equal Rights Commission, which has been hobbled by a backlog of open cases and investigator resignations.

A Bronson spokesperson did not answer the question directly; Young said the office was “reviewing this information.”

Bronson has referred to Mavaega as the pastor for Alaska Revival Center A.R.C. According to its Facebook page, the revival center is a church that is based in the same Tudor Road office as House of Transformation.

She also advertises her services as a real estate agent and lists one of the House of Transformation client housing locations among the properties she recently sold.

On Thursday, the mayor responded to questions asking about the federal investigation.

According to the mayor’s office, investigators are seeking for information about Mavaega, House of Transformation, Signet Ring, a business called PIMHA that lists Mavaega as one of its officers, and limited liability companies known as HOT, HOT1, HOT2 and HOT3.

The city has not yet provided copies of public records, including House of Transformations grant applications and awarded grants requested by the Daily News.

by Kyle Hopkins, Anchorage Daily News

Help ProPublica Report on Railroad Worker Safety

2 years ago

ProPublica has been reporting on railroad safety for more than a year. We recently published investigations on the safety issues posed by longer trains and blocked railroad crossings. Now, we’re investigating the challenges that confront railroad employees who are injured on the job, railroaders who report a safety concern and the pressure on managers to reduce reports of unsafe conditions and injury numbers. We’ve heard from many railroad employees that being injured or reporting a safety concern can be fraught with consequences. We’re taking those concerns seriously and working on several stories that will investigate these themes.

To do this right, we need to hear from as many people who work in the system as possible. This means railroaders in all positions, managers and people familiar with the Federal Railroad Administration.

by Topher Sanders, Dan Schwartz and Ruth Baron

Feds Say Jefferson Parish Deputies May Have Violated Law in Death of Autistic Teen

2 years ago

This article was produced for Verite by Richard A. Webster, who was a member of ProPublica’s Local Reporting Network. Sign up for Dispatches to get stories like this one as soon as they are published.

The Jefferson Parish Sheriff’s Office in Louisiana may have violated the civil rights of a 16-year-old autistic boy when deputies pinned him to the pavement, handcuffed and shackled, as officers sat on his back for more than nine minutes, according to a “statement of interest” filed this month by the Department of Justice as part of a civil rights lawsuit against JPSO.

The teen, Eric Parsa, died on the scene in January 2020. The sheriff’s office has also recently faced a number of other lawsuits alleging wrongful death, excessive force and racial discrimination by deputies. The sheriff’s office was the subject of a yearlong investigation by ProPublica and WRKF and WWNO starting in 2021, which disclosed evidence of racial discrimination and violence by deputies; after the first story ran, the American Civil Liberties Union called on federal prosecutors to investigate the department.

Regarding the DOJ filing, the sheriff’s office maintains that its deputies did not discriminate against Parsa based on his disability — and thus did not violate the Americans with Disabilities Act — because Parsa posed a threat to himself, the public and law enforcement officers.

But the DOJ said that evidence submitted in the case appears to show that Parsa posed no danger, and that deputies were aware of the teenager’s disability and did nothing to modify their procedures or actions to ensure his safety, as required by law.

“A reasonable jury could thus find that Defendants discriminated against E.P. based on disability,” DOJ attorneys said in their May 12 statement about the Parsa case, noting the only word Parsa uttered throughout the deadly ordeal was “firetruck.”

The coroner ruled the teen’s death an accident as a result of “excited delirium,” a controversial diagnosis that is listed as a cause of death for a number of people who died in police custody. The coroner also cited “prone positioning” as a contributing factor. But Parsa’s family disputes the finding that his death was accidental, saying it should be classified as a homicide. In January 2021, they sued Sheriff Joe Lopinto and seven deputies, claiming the sheriff’s office violated Parsa’s constitutional and civil rights, as well as his rights under the ADA.

The Justice Department files statements of interest in civil lawsuits to “explain to the court the interests of the United States in litigation between private parties,” according to a 2017 article in the Harvard Civil Rights-Civil Liberties Law Review. Since January 2020, the DOJ has filed at least 18 other statements of interest in disability rights cases. In this case, the department’s interest is its responsibility to enforce Title II of the ADA, which prohibits law enforcement agencies from denying individuals with disabilities the “opportunity to participate in or benefit from their services.”

The department’s May 12 statement followed a motion from the sheriff’s office for federal Judge Wendy Vitter to issue a partial summary judgment, which would toss out the ADA claims without taking them to trial. The motion is pending.

On Jan. 19, 2020, Parsa’s parents took him to play laser tag at the Westgate Shopping Center in Metairie. As they were leaving, he experienced a disability-related meltdown, according to the family’s lawsuit. Surveillance footage shows the boy repeatedly slapping his own head in the parking lot, then slapping and wrestling his father for several minutes.

A nearby business manager contacted JPSO Deputy Chad Pitfield and informed him that a child with special needs was having a violent episode, Pitfield testified in a September 2022 deposition. When Pitfield arrived in his patrol car with the lights flashing, Parsa became even more agitated. He once again began slapping his own head, then slapped Pitfield, who took him to the ground, the video shows.

At least six more deputies arrived in four patrol cars and two unmarked vehicles. They handcuffed and shackled the teen as three deputies took turns sitting on his back, with one putting him in a chokehold. About 10 minutes later, deputies noticed Parsa had gone “limp” and had urinated, according to the lawsuit. His mother screamed that they were choking him. Only then did they roll him into a “recovery position,” as filings describe it. But it was too late. He died on the scene.

Title II of the Americans with Disabilities Act requires law enforcement agencies make “reasonable modifications” to their policies, practices and procedures to ensure that people with disabilities are not discriminated against or denied services.

In Parsa’s case, the DOJ said deputies could have dispatched crisis intervention officers, used de-escalation strategies, or given the teenager time and space to calm down as he didn’t pose a significant safety threat. Instead of sitting on him as he lay facedown on the pavement, deputies could have rolled Parsa onto his side, stood him up or sat him in a vehicle.

The sheriff’s office maintained in court documents that such policy modifications are only required once two factors are in place: the scene is secured and there is no longer a threat to public safety or life. JPSO maintains that neither condition had been met in Parsa’s case, and therefore the deputies’ actions did not violate the ADA.

“The video speaks for itself and clearly shows that the scene was never secure prior to E.P.’s demise,” the sheriff’s office’s attorneys wrote in a May 1 motion for partial summary judgment, referring to surveillance footage taken from the scene.

Video of Eric Parsa’s restraint and death was captured by a nearby security camera.

The video shows that at about 1:29 p.m, Pitfield pinned Parsa to the ground by sitting on his back. From that point forward, Parsa did not move from that spot. At one point, he was surrounded by seven deputies and seven JPSO vehicles. An ambulance arrived at 1:39 p.m. and a few minutes later paramedics took Parsa’s lifeless body away on a stretcher.

In reviewing the video, the DOJ reached different conclusions from those put forward by the sheriff’s office.

“Critically, nothing … suggests that E.P. had a weapon, that officers ever reasonably suspected he had a weapon, or that there was a threat to human life,” the DOJ said in its statement. “The record contains no evidence that any bystanders were at risk.”

There is evidence, however, that deputies “could have provided any number of reasonable accommodations once the scene was secure, and thereby afforded the child a safe and effective law enforcement response,” DOJ attorneys concluded.

Statements provided by deputies who were present — and who acknowledged that they knew or assumed Parsa was autistic or had special needs — also seem to contradict the sheriff’s statement that the scene was not secure. They said that while he was on the ground, he was “calm” or “under control” and was not resisting.

“Everything was fine,” two deputies said.

by Richard A. Webster, Verite

Colorado Becomes the First State to Limit Court Use of Family Reunification Camps

2 years ago

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A bill signed into law this week in Colorado prohibits family courts from ordering children to participate in reunification programs that isolate them from a trusted caregiver. Many of these programs purport to offer treatments for parental alienation, a psychological disorder that has been rejected by mainstream scientific circles but continues to influence custody decisions.

The new law, which takes effect immediately, also requires experts who advise the court on custody cases to have training in working with victims of domestic violence and child abuse.

“We have to keep pushing the boundaries of our constitutional power to hold courts accountable for the safety of our kids,” Rep. Meg Froelich, who co-sponsored the bill, told ProPublica.

State lawmakers have credited ProPublica’s reporting for exposing the need for reforms. A ProPublica investigation last year found that Colorado custody evaluators who had themselves been accused of domestic violence were advising the court on disputes involving allegations of domestic violence and child abuse. ProPublica has also reported on court-ordered reunification camps and found that certain programs use physical restraint, threats and the removal of personal items — including food, clothing and shower supplies — to force children to comply with treatment protocols.

The legislation makes Colorado the first state to pass a law based on the federal Keeping Children Safe From Family Violence Act, also known as Kayden’s Law. The federal law, enacted in 2022, is named after a 7-year-old Pennsylvania girl who was murdered by her father during court ordered custody time.

Advocates say they hope other states will follow Colorado’s lead and enact similar legislation.

For Valarie Underwood, a Colorado mother who attended a ceremony for the bill’s signing, the issue is personal. She had full custody of her children until August, when a magistrate in Weld County, Colorado, ordered the children to attend Turning Points for Families, a reunification program directed by New York-based social worker Linda Gottlieb.

Magistrate Annette Kundelius had concluded the children were victims of “severe parental alienation” and the reunification program was needed to repair their relationship with their father. Kundelius was not available to comment, according to her clerk.

They’ve not been allowed to return home or regularly communicate with or see Underwood since then.

Before the magistrate’s order, an arbitrator had, based on testimony from the children’s therapists, restricted the father’s parenting time, saying not doing so would “endanger” their health and “significantly” impair their emotional development. Both children were resisting visitation with their father, according to court documents.

The father asked the court to reevaluate the parenting plan, arguing Underwood had launched a campaign of parental alienation against him in order to undermine his relationship with the children.

In an email to ProPublica, the father declined to comment, saying it would take “a great deal of time” to explain his family's case.

The magistrate agreed with the father and ordered the children to attend Turning Points, after which they would be prohibited from having contact with their mother. Underwood was ordered to cover the program's cost, which is $15,000 for a four-day intervention.

Such orders effectively supersede the court’s parenting arrangement by transfering to the person running the program the power to decide if and when a parent can contact their child, regardless of the court’s previous custody rulings. The “no-contact” period lasts a minimum of 90-days, according to the program’s protocol, though courts frequently give Turning Points counselors the power to prolong treatment indefinitely — until the program counselor determines the treatment has been successful.

Jennifer Harman, an associate professor of psychology at Colorado State University who defends parental alienation as a genuine disorder, testified on behalf of the father and advised the court to send the children to Turning Points. Despite never having met the children before her court testimony, she said they had been severely alienated by their mother, according to court documents. In 2021, Harman published an evaluation of the Turning Points program in which she found it to be safe and effective; she later clarified that the program's high success rate was self-reported by Gottlieb, who also helped design and execute the evaluation of her own program.

Harman did not respond to a request for comment.

Underwood’s daughter, then 15, kept a handwritten journal documenting her time in New York and experience in Gottlieb’s program. (ProPublica is quoting from the journal with her permission.) She described the day she had to leave her mom at the airport as “probably the hardest thing I’ve ever had to do.” “It felt like a death in the family, tortured with no contact,” she journaled on Aug. 19.

The sessions with Gottlieb, which were recorded “for the court,” took place in her “sketchy apartment,” the teenager wrote. “The plan is just to go with what Linda says so that we can see mom as soon as possible.”

In response to a request for comment, Gottlieb told ProPublica to “keep the publicity coming.” Gottlieb has previously defended her methods and called ProPublica's reporting libelous but not identified any inaccuracies in the reporting. She has told ProPublica that Turning Points only accepts cases by court order, and that demand for her program has prompted her to add new locations in Texas and California.

After they returned to Colorado, both children moved in with their father and the no-contact order with their mother began. During this time, both children ran away from their father’s house and reported that their father was verbally and physically aggressive toward them, sometimes resulting in injuries, according to police reports. Police did not charge the father but reported the incident to the Colorado Department of Human Services, which closed the case with no findings against the father.

The father did not deny the claims. In October, he told police that he had to “physically grab and hold” his daughter when he said she would not give him back his cellphone, according to the police report. He told police he was trying to “manage and control his children” because of “behavior issues.”

After 90 days, the court granted the father’s request to extend the no-contact period. The family was ordered to continue the Turning Points treatment with Sharon Feder, an unlicensed psychotherapist who a court spokesperson said was removed from Colorado’s roster of approved custody evaluators for violating the role’s required standards. Last month, Feder authorized Underwood to resume weekly supervised visits with her now-14-year-old son but not with her daughter.

Feder did not respond to a request for comment.

Underwood was one of many parents who attended Thursday’s bill signing ceremony. Because Colorado Gov. Jared Polis is traveling abroad, Lt. Gov. Dianne Primavera signed the bill during the ceremony as well as a second bill creating a task force to study training requirements for judges on domestic violence and sexual assault, among other forms of abuse.

Froelich said current court orders to attend reunification programs will not immediately be overturned, but the protective parent will be able to appeal the order based on the passage of the law.

“I’m grateful for this new law and hope future families won’t have to go through what my kids and I have gone through,” Underwood said. “But I’ve also missed out — I’m still missing out — on a critical time in my kids' lives.”

She wasn’t able to attend her son’s eighth grade graduation or her daughter’s golf tournaments. If she’s caught communicating with her kids in violation of court orders, the no-contact order could be extended. When her daughter went to prom in April, she wasn’t allowed to help her get ready or take pictures of her with her date. She stared for hours at social media posts showing her daughter in her powder blue dress, flowers on her wrist, hair pulled back from her face.

“You just don’t get those moments back.”

by Hannah Dreyfus

How We Reached Workers While Reporting on Dairy Farm Conditions

2 years ago

Leer en español.

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Spanish-speaking dairy farm workers in Wisconsin, many of them undocumented immigrants, are not regular readers of our website. Most have never heard of ProPublica, let alone formed a trusting relationship with us. Some have low levels of literacy and poor internet connections because the farms they work on are remote. Connecting with them, both to conduct our reporting and to share our findings, is a challenge.

For months, Melissa Sanchez and Maryam Jameel have been reporting on conditions at these farms. But one of their earliest missions was crucial. They needed to find out how the workers got their news and make sure ProPublica’s reporting reached them and their communities. The reporters’ process underscores one of our central beliefs at ProPublica: Publishing a story about injustice isn’t enough if we don’t reach the people who are directly affected.

Back in February, when we released the tragic story of a child’s death on a Wisconsin dairy farm, we knew we had to do more than translate it into Spanish.

Sanchez and Jameel are both fluent Spanish speakers; they are both the daughters of immigrants and grew up speaking the language. Sanchez works out of our Midwest office in Chicago, and Jameel is an engagement reporter based in Washington, D.C. Early on in their reporting, they learned that dairy farm workers regularly use TikTok, sometimes making humorous videos of themselves dancing in dairy milking parlors. So the reporters, too, became active on the platform, chronicling their reporting trips to Wisconsin and documenting what they saw.

Sanchez and Jameel also developed relationships with hosts at several of the Spanish-language radio stations across the state. They knew that dairy farm workers have long hours and few days off. The radio shows serve as a public square. Workers get their news from the stations and call the hosts when they have been injured, gotten fired or had their wages withheld. Months before the story on Jefferson, the boy who died, was published, Sanchez appeared on one DJ’s show and spoke for nearly an hour in Spanish about the reporting she and Jameel were hoping to do.

The team also identified businesses in these rural communities that serve Spanish-speaking customers — the spots where immigrants wire money to their families, buy groceries or do their laundry. They visited more than 60 businesses across the state and hung up flyers seeking sources. At one business, a small store a few miles from where Jefferson died, Sanchez and Jameel connected with community members and learned how the official version of the child’s death did not match the account the community knew to be true.

The story we published after months of reporting showed how the sheriff’s deputy who responded to the scene mistranslated a key phrase and blamed Jefferson’s father for running him over with a piece of farm equipment rather than understanding that another worker had been driving the machine. Their search for the truth prompted local and state officials to call for police to use more effective translation practices when responding to scenes at which people only spoke a language other than English.

The story appeared on our website and on the front pages of nearly a dozen Gannett-owned newspapers in Wisconsin. We translated the story into Spanish and developed relationships with several Spanish-language publishing partners in Wisconsin and Central America, where many of the immigrant workers are from. These outlets included Mi Wisconsin and El Faro. We also commissioned an audio version of the story in Spanish. Jefferson’s father, who has a first-grade education, said he listened to the audio version several times. Hearing our story, he told the reporters, helped him finally understand how his son died, and how law enforcement so completely failed to understand what happened.

ProPublica had “Death on a Dairy Farm,” Jameel and Sanchez’s story about the death of a young boy named Jefferson, translated into Spanish and turned into booklets.

Sanchez and Jameel also worked with ProPublica interactive story designer Anna Donlan to design large postcards and a booklet that they could hand out at Latino stores and restaurants across the state. The materials included a QR code that took people to the audio version of the story. ProPublica paid to print thousands of the postcards and hundreds of the booklets and covered the cost of the written and audio translations.

The team mailed copies of the booklet to key sources, including Jefferson’s father and workers who had helped them and who wanted a physical copy of the story. And last week, Sanchez and Jameel hit the road to distribute them more widely.

Their first stop was a strip mall just outside Madison that has a Mexican bakery, La Concha, and Latino grocery stores. Dairy workers go there to send home remittances and buy familiar foods like nopales and plantain chips. The bakery manager’s eyes welled up with tears when she saw the booklet. She gently caressed a copy and told Sanchez and Jameel that she knew Jefferson and his father. She’d already read our story, but it clearly made an impact to see the physical copy of the booklet, and she asked if she could keep one for herself.

They spoke with maybe a dozen people in the store parking lot. When they approached people — in Spanish, of course — they introduced themselves, explained that they are reporting on a variety of issues affecting dairy workers, and said they are looking to talk to more people who work or have worked in the industry. Sometimes they conducted interviews on the spot; more often they tried to get a phone number and find a good time to reach the person to schedule an interview. They’re also receiving lots of tips for other stories.

In Sauk City, a village on the Wisconsin River not far from Madison, they visited a grocery store called La Bombita, where they spoke with the store owner, who’d been in the back butchering meat, and his son, who handled the counter. As they chatted, dairy worker customers came in and out. Jameel talked at length to one who, a few weeks after Jefferson’s death, had worked on the same farm.

Jameel and Sanchez taped up flyers and distributed booklets at Supermercado Guerrero in Sparta, Wisconsin, first image, and at La Bombita in Sauk City, Wisconsin, second image.

In Sparta, near the Mississippi River, the team spent about an hour at the Supermercado Guerrero. They watched a young Nicaraguan woman take a booklet and tuck it into her purse. They asked her if she’d heard of the story, and she said she had read it in Mi Wisconsin, one of the websites that republished the article. What’s more, her mother lives in El Rosario, the Nicaraguan community where Jefferson was buried. She happened to be visiting her mother when the boy’s body had just arrived from the U.S. and she learned of his death. She was clearly moved and agreed to be interviewed later about her experiences working on a dairy farm.

Sanchez gave the booklet and postcard to a worker she met who lived near a farm in Clark County. The documents served as calling cards and proof to skeptical workers that she and Jameel were legitimate reporters. A roommate of the worker called Sanchez soon after and recounted his experiences working on a farm. Then he shared the postcard with his aunt, who works on another dairy farm, and the aunt called Sanchez. That woman’s son had been crushed by farm machinery and nearly lost his leg a year earlier.

We have more stories planned about dairy farms in Wisconsin. If you would like to share your insight into or experiences with the dairy industry with us, you can get in touch with our reporters in English or contact them in Spanish. If you or someone you know reads news in Spanish, we have a newsletter that will deliver all our translated stories directly to your inbox.

Reaching diverse audiences, like dairy farm workers in Wisconsin, is part of a broader challenge facing ProPublica and journalism more generally. The question of how to reach audiences that are increasingly fragmented by age, political outlook, ethnicity, gender and other factors is central to what we’re trying to accomplish at ProPublica. As with the story of Jefferson’s death, we plan to do more than simply expect that readers will find the story and find us. We plan to take the story to them.

by Charles Ornstein, ProPublica, Photography by Caleb Alvarado

They Held Down a Black Teen Who Had Tried to Shoplift. He Died From Asphyxia. Why Was No One Ever Charged?

2 years ago

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When the clerk at VJ’s Food Mart confronted Corey Stingley, the 16-year-old handed over his backpack. Inside were six hidden bottles of Smirnoff Ice, worth $12, and the clerk began pulling them out one by one.

Stingley watched, then pivoted and quickly moved toward the door, empty-handed. But there would be no escape for the unarmed teen in the light blue hoodie.

Three customers, together weighing 550 pounds, wrestled the 135-pound teen to the floor of the West Allis, Wisconsin, store. They pinned him in a seated position, “his body compressed downward,” according to a police account. One of the men put Stingley in a chokehold, witnesses would later tell investigators.

“Get up, you punk!” that man, a former Marine, reportedly told Stingley when an officer from the police department finally arrived. But the teen didn’t move. He was foaming at the mouth, and his pants and shoes were soaked in urine.

He’d suffered a traumatic brain injury from a loss of oxygen and never regained consciousness. His parents took him off life support two weeks later. The medical examiner ruled Stingley’s death a homicide following his restraint in “a violent struggle with multiple individuals.”

That was more than 10 years ago.

None of the men, all of whom were white, were criminally charged in the incident that killed Stingley, a Black youth. Police arrested Mario Laumann, the man seen holding Stingley in an apparent chokehold, shortly after the incident in December 2012. But the local district attorney declined to prosecute him or the other two men, arguing they were unaware of the harm they were causing.

When a second police review led to a reexamination of the case in 2017, another prosecutor sat on it for more than three years, until a judge demanded a decision. Again, there were no charges.

Prosecutors move on, but fathers don’t. Refusing to accept that the case had been handled justly, Corey Stingley’s dad, Craig, last year convinced a judge to assign a third district attorney to look at what had happened to his son.

That prosecutor, Ismael Ozanne of Dane County, is scheduled to report back to the court on Friday. He could announce whether charges are warranted.

The case has parallels to a recent deadly subway incident in New York City. Both involve chokeholds administered by former Marines on Black males who had not initiated any violence. But unlike in Wisconsin, New York authorities acted within two weeks to file a second-degree manslaughter charge in the case.

While the New York subway incident grabbed national headlines, Corey Stingley’s death — which happened the same day as the Sandy Hook Elementary School shooting in Connecticut — did not gain much notice outside of southeast Wisconsin.

Years later, Craig Stingley tapped an obscure statute dating back to Wisconsin’s frontier days to convince the system to take a fresh look at his son’s death. The law states that if a district attorney refuses to issue a criminal complaint or is unavailable to do so, a private citizen can petition a judge to take up the matter. Today, it’s loosely referred to as a “John Doe” petition, though in this instance there was no doubt who restrained Stingley’s son: Laumann, who has since died, along with two other store patrons named Jesse R. Cole and Robert W. Beringer.

VJ’s Food Mart in West Allis, Wisconsin

No one is alleging that the men set out to kill Corey Stingley. His father is asking the prosecutor to consider a charge of reckless homicide or even a lesser offense for using extreme force to detain his son.

“He wasn’t trying to harm anyone. He was trying to leave that store,” said Craig Stingley, who thought his son made a youthful mistake. “I believe he was scared.”

“You Guys Killed That Kid”

VJ’s Food Mart is a typical small convenience store, packed with chips, candy, soda, beer, cigarettes and liquor. On Sunday mornings it offers a special deal on hot ham and rolls, a local tradition for an after-church meal. To combat theft, the store is equipped with security cameras.

On Dec. 14, 2012, Thomas Ripley and Anthony Orcholski stopped by the store for beer and snacks. Only a few steps in, they saw that three men had someone firmly pinned on the ground.

Watch video ➜

Security video shows Ripley and Orcholski pausing next to the pile of people and watching intently. In statements to police they both said they saw Laumann lying on the ground with his arms around Stingley’s neck in a “chokehold.” Beringer had grabbed Stingley's hair, they said; the third man, Cole, had his hands on Stingley’s back.

Ripley told police the teen was not moving and appeared to be limp.

“I don’t think he could breathe,” Ripley would later testify during a special review of the case to determine if there should be charges.

Orcholski told a detective that he was concerned about the teen on the ground and may even have instructed the men to let Stingley go.

A decade later, Orcholski is still bothered by what he saw. “I’m upset,” he told ProPublica. “Three men thought they were going to be heroes that day because a 16-year-old boy was shoplifting. There could have been numerous different ways to restrain him other than choking him to death.”

He added, “It’s common sense: When you squeeze somebody that hard for that long, they’re not going to be alive after it.”

West Allis Police Department report. Highlights by Stingley family legal counsel.

The security video is grainy, and much of the confrontation took place out of view of the cameras.

Authorities had a third witness, though. Troubled by what he’d seen, store customer Michael Farrell felt compelled to go to the West Allis police station that evening and give a statement.

“I felt bad. I’m a dad,” he explained, court records show.

Farrell told police he could see through the store’s glass door that a man with a “crazed look on his face” had someone in a chokehold, very near the entrance. The guy was “squeezing the hell out of this kid and never let up,” he said. Farrell picked Laumann out of a photo lineup. (Farrell and another witness, Ripley, couldn’t be reached for comment for this story.)

Corey Stingley and his dad lived just a couple of blocks from the store, making them one of the few Black families in a predominantly white neighborhood and city on the border of Milwaukee. Comments from the three men who held Stingley down imply that they saw him as an outsider.

Ripley told police that Beringer, 54, held Stingley by the hair and shook the teen’s head a couple of times. “You don’t do that,” he said Beringer scolded Stingley. “We’re all friends and neighbors around here.”

With Stingley subdued, the store clerk held a phone to Beringer’s head so he could talk to a police dispatcher. “We have the perp, three of us have the perp on the ground holding him for you,” Beringer said, according to a transcript of the 911 call.

Police estimated that the men held Stingley down for six to 10 minutes. When Stingley stopped struggling, Cole later told police, “I thought he was faking it.”

He added: “I didn’t know if he was just, you know, playing limp to try and get real strong and pull a quick one, you know.”

When an officer arrived, she handcuffed Stingley with Beringer’s assistance but then realized that he wasn’t breathing and called for help.

Beringer walked outside the market, according to Farrell, only to be confronted by another bystander who said, “You guys killed that kid.”

“We didn’t kill anyone,” Beringer responded.

At nearby Froedtert Hospital, doctors concluded Stingley’s airway had been blocked while he was restrained.

He had petechial hemorrhages — tiny red dots that appear as the result of broken blood vessels — to his eyes, cheeks and mouth. A deputy medical examiner attributed this pattern to “pressure applied to the neck.” There also was a bruise at the front of Stingley’s neck, she testified.

She noted that his asphyxia also could be linked to compression of the chest.

Doctors put Stingley in a medically induced coma, attached him to a ventilator and inserted a feeding tube. As the situation became increasingly hopeless, his family spent Christmas at his bedside. Four days later, his parents made the agonizing decision to take him off life support.

“Mario Did Have a Temper”

In the New York subway case earlier this month, it took less than two weeks for the Manhattan district attorney to charge Daniel Penny, a former Marine, with second-degree manslaughter for the choking death of Jordan Neely, a homeless man who had yelled at other subway passengers. A prosecutor emphasized that Penny continued to choke Neely even after he stopped moving.

Penny’s lawyers have defended his actions by saying he was protecting himself and other passengers. Laumann, in contrast, never claimed Corey Stingley was a danger. But he did dispute that he put his arm around the teen’s throat.

Interviewed by police that night, Laumann, then 56, recalled “just leaning on him.”

Pressed by a detective, Laumann appeared less confident, saying, “A headlock is when you got your arms locked, right? And I didn’t have him locked.” He added: “I had my arm around like this, yeah, but I didn’t have him in a headlock. Unless maybe I did, maybe I — I don’t, no, I, I don’t remember that, no.”

His account conflicted with that of witnesses. And Laumann’s older sibling Michael, also a former Marine, isn’t so sure, either. Chokeholds are a part of basic combat skills, he said, used to restrain a person and take them down.

“That’s the first thing they teach you, not only in boot camp but also in subsequent infantry training. It becomes an automatic restraint, to save your own life,” Michael said. “I’m not saying that Mario did that. Because I don’t know the situation. But all I’m saying is that when you’re in the Marine Corps you’re taught how to save your own life. And to save the lives of your brotherhood. Sometimes it becomes, say, an automatic response.”

Michael Laumann said he and Mario — who died last year at age 65 — seldom talked, and when they did, the store incident never came up.

Mario Laumann, who worked in construction after leaving the Marines, lived about two miles from the store. His family had been dealing with a variety of crises. His wife was battling cancer. She had been arrested four years earlier for driving under influence of prescription medications. She died in 2013.

And, by the time of the encounter with Stingley, Laumann’s youngest son, Nickolas, was serving time in prison for sexual assault of a 15-year-old girl, intimidation of a victim and theft.

Writing online while in prison, Nickolas said his father would “scream at me” for drug use and “whoop my ass.” The police report about Stingley’s death notes that Laumann had been arrested twice for battery, but charges in both cases had been dismissed.

“Mario did have a temper,” another brother, Mennas Laumann, said recently.

The three men who held Stingley down didn’t know each other. Beringer, who lived next door to the food mart, told police he only recognized Laumann as “a neighborhood guy.”

Like Laumann, Beringer had had previous encounters with police. In 1996, Beringer pulled a gun on a Pakistani-born man and told him he hated “fucking Iranians,” according to a police sergeant’s sworn criminal complaint. Beringer pleaded guilty to misdemeanor gun charges and was jailed briefly then put on probation. A judge ordered him to complete a course in violence counseling or anger management and continue with mental health treatment, court records show.

Beringer, who no longer lives in West Allis, declined to talk to ProPublica. He came to the door of his apartment building and when asked to discuss Stingley’s death said, “No, no, see you later,” and closed the door.

The third man to wrestle Stingley to the ground, Cole, was a 25-year-old electrician who lived about a mile from the store. He’d gone there to get cigarettes. The prior year he had pleaded guilty to disorderly conduct, a misdemeanor, for carrying a Glock handgun in the center console of his car and a magazine with 11 hollow-point bullets in the glove box. Cole didn’t respond to ProPublica’s attempts for comment.

In the immediate aftermath of the incident, all three men cooperated with police.

Cole said that as he and the others tried to halt Stingley’s attempt to flee, the teen took a swing at him and landed a punch. He ended up with a black eye.

Asked by police why he restrained the teen, Laumann replied: “Because he’s a thief.”

“He Was My Buddy”

Several days after the struggle, West Allis police arrested Laumann and processed him for second-degree reckless injury. It was up to Milwaukee County District Attorney John Chisholm to decide whether to prosecute him and the other men.

Chisholm eventually arranged for a judicial proceeding where sworn testimony could be heard. There, the three men invoked their Fifth Amendment right against self-incrimination in declining to answer questions. The original witnesses recounted seeing Stingley grabbed around the throat.

Though Farrell said he couldn’t recall telling police that Laumann was “squeezing the hell out of” Stingley, he didn’t back away from his original description of a chokehold.

Months went by with no word on charges. But Craig Stingley, a facilities engineer, couldn’t just sit and wait. He rallied support from politicians in the community and tried to keep the pressure on Chisholm.

Stingley brought state Sen. Lena Taylor to meetings with the prosecutor to discuss the case. They came away discouraged. Taylor got the impression that the case was challenging for prosecutors on many levels. The video was not sharp, for one thing. Taylor also believed that race relations in Milwaukee County fed Chisholm’s concern that a jury might not convict anyone in the case.

At one meeting, Taylor said, she questioned what would have happened if the people involved had been of different races. “They wouldn’t let a group of Black guys do that to a young white guy, without any consequences,” she said.

More than a year after the incident, in January 2014, Chisholm announced he would not bring charges, on the grounds that the men did not intend to injure or kill Stingley and didn’t realize there was a risk to his life or health. “It is clear that the purpose of restraining Corey Stingley was to hold him for police,” Chisholm wrote in a five-page summary of his investigation.

“None of the actors were trained in the proper application of restraint,” he added

Corey’s mother, Alicia Stingley, was stunned. “It’s just mind-boggling to me, just the decision that was made that it was more so because he didn’t think he could win a case or didn’t think what they did was on purpose,” she said. “There were no repercussions for a grown man taking a young child’s life — by choking him.”

For Craig Stingley, it’s inconceivable the men did not know his son was in distress during the prolonged time they held him down. Applied properly, a chokehold “can render an aggressor unconscious in as little as eight to thirteen seconds,” according to a 2015 Marine Corps instructor guide.

Chisholm is still the district attorney. Through an assistant, he declined comment, citing the new review. Among the questions sent by ProPublica to Chisholm was whether he investigated Laumann’s training in restraints as a Marine.

Chisholm’s decision sparked media coverage and community protests. To Craig Stingley, Corey was more than a symbol, he was a cherished son.

Craig Stingley made a shrine for Corey at his new home. First image: Craig Stingley views photos of Corey. Second image: A black and white photograph, center, of Craig Stingley’s children, including Corey at right.

“He was my buddy,” Stingley said, describing how he and Corey would watch sports together. A skilled athlete, Corey Stingley was a running back on his high school football team and a member of the diving team. He took advanced placement classes in school and made the National Honor Society at school, his father said. He also worked part-time at an Arby’s.

His social media accounts include references to girls and partying. It also catalogs his love of Batman, the Green Bay Packers and Christmas and shows him gently mocking his friends and family.

“My dad just got texting and he’s experimenting with winky faces,” he wrote in 2012, ending with “#ohlord.”

Corey Stingley with friends before a school dance (Courtesy of Craig Stingley)

Craig Stingley and his ex-wife filed a wrongful death suit in 2015 against the three men and the convenience store, which led to a settlement. Records show that Laumann’s homeowners insurance paid $300,000, as did Cole’s. (Beringer didn’t have homeowner’s insurance.) There was no admission of wrongdoing by the defendants. In court filings the three men said their actions were legal and justified, citing self-defense and their need to respond to “an emergency.”

A good portion of the proceeds from the suit went to pay for hospital and funeral costs and lawyer fees, Stingley said.

In the civil suit, an expert forensic pathologist hired by the Stingley family’s lawyer concluded the teen died because his chest was compressed and he was strangled.

“Once his airway became completely obstructed,” Dr. Jeffrey Jentzen of the University of Michigan wrote, “Corey would have experienced severe air hunger, conscious fear, suffering and panic with an impending sense of his own death for a period of 30 seconds to approximately one minute until he was rendered into a fully unconscious state.”

Craig Stingley still obsessed about what had happened and how to revive a criminal case. He relived his son’s death over and over, watching the surveillance video of his last moments frame by frame, looking for something new.

Using a movie maker app on his computer, he slowed the video down and grabbed individual frames. He concluded that Cole initially had his son in a headlock, but that Laumann too had an arm around his neck before bringing him to the ground. That conflicted with Laumann’s statement to police.

Stingley took his findings to the West Allis police, where a detective agreed they’d missed this detail. The department wrote a supplemental report for Chisholm, who asked a judge to appoint a special prosecutor for another look.

Racine District Attorney Patricia Hanson got the case in October 2017. But what followed was more waiting.

Stingley said he called Hanson’s office routinely in the years that followed, but she never met with him. Reached via email recently, Hanson declined to comment.

The case “has not even been assigned a referral or case number after three years in that office,” state Rep. Evan Goyke complained in a December 2020 letter to Milwaukee County Circuit Court Chief Judge Mary Triggiano. “This is unacceptable,” he wrote.

In later correspondence, Triggiano noted Hanson had refused to say when her decision would be forthcoming because in the midst of the pandemic, she had a lot of cases needing attention.

In March 2021, Hanson told the court in a one-page memo that she had reviewed Chisholm’s file and agreed with his earlier decision: “I do not find that criminal charges are appropriate at this time.”

“My Son Got His Humanity Back”

John Doe proceedings allowing citizens to directly ask a court to consider criminal charges date back to 1839, when Wisconsin was still a territory, according to an account in state supreme court records. The law is used infrequently, legal experts said, and rarely successfully.

Petitions have been filed by prisoners, by activists alleging animal cruelty in research experiments and by citizens claiming police misconduct. The efforts typically fail, ProPublica found in reviewing court dockets, news accounts and appellate rulings. In Milwaukee County, Wisconsin’s most populous, there were only 19 such cases in 2020, dockets show, including Stingley’s. None succeeded.

Other states have similar methods of giving citizens a voice, but none are exactly like Wisconsin’s. According to the National Crime Victim Law Institute, six states — Kansas, Nebraska, Nevada, New Mexico, North Dakota and Oklahoma — allow private citizens to gather signatures to petition a judge to convene a grand jury to investigate an alleged crime. In Pennsylvania, individuals can file a criminal complaint with the district attorney; if rejected, they can appeal to the court to ask it to order the district attorney to prosecute.

Milwaukee attorney Scott W. Hansen, who has served as special prosecutor in a John Doe case, is critical of the Wisconsin process. He said it allows citizens to present a one-sided, skewed version of facts to a judge, “without benefit of cross-examination or adverse witnesses.”

The law, however, does state that the citizen’s petition must present facts “that raise a reasonable belief” a crime was committed.

Former state Supreme Court Justice Janine Geske described the John Doe petition as a check and balance on prosecutors by citizens. “If people believe a crime has been committed, and you’ve got prosecutors not living up to their responsibilities, and you think somebody ought to be held accountable, it’s a way to have some judicial review,” she said.

Stingley has known all along that the odds were against him, so turning to a longshot petition didn’t daunt him. Writing to Chief Judge Triggiano in late 2020, he alleged “dereliction and breach of legal duty” by the Milwaukee and Racine county district attorneys to conduct thorough criminal investigations into his son’s death.

Triggiano assigned the case to Judge Milton Childs. He formally appointed Ozanne, the first Black district attorney in Wisconsin, as special prosecutor last July. Ozanne’s inquiry has included reviews of court transcripts and interviews with West Allis police and others.

Craig Stingley was pleased that Ozanne and his staff met with him for several hours to listen to his concerns and to hear about his son.

“When I left that meeting,” Stingley said, “my son got his humanity back.”

Do You Have a Tip for ProPublica? Help Us Do Journalism.

by Megan O’Matz, photography by Lianne Milton, special to ProPublica

In the “Wild West” of Outpatient Vascular Care, Doctors Can Reap Huge Payments as Patients Risk Life and Limb

2 years ago

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In the suburbs of Maryland, Dr. Jeffery Dormu’s presence is hard to miss. He’s a regular on the local TV station, which has featured him and his practice five times over the past five years. And he smiles down from an electronic billboard outside a three-story vascular center he calls The Watcher. “It has a biblical reference, which is to watch over the community,” he said at its 2018 opening. In response to the country’s “tragedy of cardiovascular disease,” the center trademarked the phrase “vascular devastation,” a slogan frequently invoked in its marketing, along with a claim to have “saved over 34,000 lives and limbs.”

Dormu and his group, the Minimally Invasive Vascular Center, have been a magnet for people with leg pain who worry they have peripheral artery disease, a condition that afflicts more than 6.5 million Americans and happens when fatty deposits narrow the arteries and block blood from flowing to the legs.

But Dormu’s portrayal of his practice as a heroic refuge hid a distressing statistic: The vascular surgeon was performing an invasive leg treatment more often than almost any other doctor in the country, even when his patients didn’t need it and even as evidence of harm mounted.

One man had to have his leg amputated after Dormu administered multiple invasive treatments for mild pain, according to legal filings. A 62-year-old grandmother bled out and died shortly after Dormu cut into her, according to another lawsuit.

Dormu’s go-to procedure, the atherectomy, involved shaving blockages with blade-topped catheters. Best practices recommend that doctors hold off on invasive procedures like these, which can lead to complications including limb loss, on patients in the earliest stages of disease; doctors should first see how the patients do with exercise and medication. Dormu defaulted to atherectomies almost immediately, patient legal and medical records show.

An image of Dr. Jeffery Dormu appears on an electronic billboard outside the Minimally Invasive Vascular Center, which he founded, in Laurel, Maryland. (Shuran Huang for ProPublica)

Four years ago, leading researchers warned the Centers for Medicare and Medicaid Services that some doctors were potentially abusing interventions. The researchers implored the government insurer to scrutinize its own data to identify overuse, noting that some of the doctors could present an “immediate threat to public safety.”

There is no public evidence that CMS meaningfully responded.

But a ProPublica analysis of CMS data suggests that if the agency had reviewed its own figures, it would have discovered that Dormu was part of a small pool of physicians performing a disproportionate number of treatments. From 2017 to 2021, the analysis shows, the top 5% of doctors conducting atherectomies — about 90 physicians overall — accounted for more than a third of all procedures and government payments, totaling nearly a billion dollars.

Near the top of the list sits Dormu, logging more atherectomies — and making more money from them — than almost every other doctor in America.

CMS paid Dormu more than $30 million in the past decade for vascular procedures he performed on hundreds of patients.

Dormu declined to be interviewed and did not respond to emailed questions.

But a chorus of experts told ProPublica that the federal government’s decision to provide unconditional payments for vascular procedures — and then not pay attention to what happened — is a prime example of what’s wrong with the American health care system.

“The government is really to blame for setting these tremendously high reimbursement values without looking into whether these procedures are helping people or are just worthless procedures or, in fact, are hurting people,” said Dr. Dipankar Mukherjee, a vascular surgeon and chief of vascular surgery at Inova Fairfax Hospital in Virginia.

CMS kicked off the problem 15 years ago, when it tried to rein in the swelling hospital costs for vascular care. Over the past few decades, advances in technology allowed patients with serious circulation problems to avoid open surgery and instead undergo minimally invasive treatment with cutting-edge devices. As they flocked to hospitals for these procedures, patients with clogged leg arteries became even more expensive than patients with clogged heart arteries.

In 2008, recognizing that the procedures could be done safely and more efficiently outside hospitals, CMS officials turbocharged payments to doctors’ offices that deployed balloons and stents to widen arteries. And in 2011, they began to reimburse those offices for atherectomies.

Before the change, an office provider inserting a stent could make about $1,700 from Medicare; deploying a balloon could bring in roughly $3,800. By 2011, the payments rose to about $6,400 and $4,800 respectively. But nothing compared to the payout for atherectomies conducted in offices: about $13,500 per procedure, as opposed to roughly $11,450 in a hospital.

Instead of saving money, the government started a boom.

Atherectomies increased by 60% from 2011 to 2014; Medicare’s overall costs for peripheral vascular treatments climbed by nearly half a billion dollars, or 18%.

The government insurer didn’t change course in 2014, when research began to indicate that atherectomies may not be more effective than cheaper alternatives, or in 2019, when experts warned the procedure may be associated with a higher risk of complications.

From 2013 to 2021, the most recent year of Medicare data, the number of atherectomies has doubled and payments to doctors have nearly tripled, totaling about $503 million in 2021.

“There’s definitely places where atherectomy is very helpful,” said Dr. Caitlin Hicks, an associate professor of surgery at Johns Hopkins University School of Medicine. “But it’s definitely being used inappropriately, and that’s when bad things happen.”

Experts fear patients are being caught up in a new era of profit-driven procedure mills, in which doctors can deploy any number of devices in the time it takes to drill a tooth and then bill for the price of a new car.

The generous reimbursements have created a conflict of interest for doctors running their own practices, who are supposed to make unbiased medical decisions while also being responsible for a lease, overhead and staff. And unlike hospitals, which have panels and administrators who spot adverse events and questionable billing, these offices don’t face such scrutiny.

CMS, experts say, should step up: It could reduce its reimbursements or even investigate doctors with outsized procedure patterns.

ProPublica reached out to CMS more than two weeks ago, listing the facts in this story, asking questions and requesting an interview. CMS did not make an official available to talk or provide any written answers.

“Vascular medicine now is the frontier of the Wild West,” said Dr. Marty Makary, a professor of surgery and health care quality researcher at Johns Hopkins University School of Medicine. “People are flying blind walking into the clinics of these doctors with egregious practice patterns, and we know that their pattern is indefensible.”

It was at the cusp of this lucrative new era in vascular medicine that Dormu, an ambitious young doctor from Washington, D.C., entered the scene.

After earning his medical degree at the New York Institute of Technology College of Osteopathic Medicine and completing an additional eight years of training in New York and New Jersey hospitals, including a residency in general surgery and two fellowships in cardiothoracic and vascular surgery, he received his license to practice medicine in Maryland in 2007. That year, he founded the Minimally Invasive Vascular Center.

“People in general are just afraid of surgery,” he later told a local TV journalist. “They can get by with minimally invasive surgery, a needle puncture without having to be cut, without having to worry about an amputation. They walk in and within hours they walk out, and pretty much healed.”

Advertisements outside the three-story vascular center, which Dormu calls The Watcher. (Shuran Huang for ProPublica)

Dormu opened several vascular offices in the region. At one point, his group also partnered with the Washington, D.C., Department of Aging and Community Living, providing hundreds of free vascular screenings for elderly patients at senior centers and residences across the capital.

But according to public records and lawsuits, as his profile and his practice grew, so, too, did evidence of harm.

In March 2016, while he was performing an elective aorta repair at Providence Hospital, the patient began to hemorrhage, according to a District of Columbia Board of Medicine document on the incident. After trying to control the bleeding, Dormu transferred the patient to the intensive care unit for resuscitative efforts and then left the hospital for his private practice and other appointments.

He was gone for more than two hours, and in that time, hospital staff couldn’t reach him. The hospital patient died in the recovery room from hemorrhage and organ failure, the report said. Six years later, the District of Columbia Board of Medicine would reprimand him for the incident alongside a $5,000 fine, finding that he abandoned a patient in need of further emergency care, “knowing the high risk of mortality and without adequate communication to other hospital staff.”

The death of the patient did not interfere with his medical license or appear to slow his career.

Nine months later, a mechanic sought his care for mild leg pain. As the owner of his shop, Steve Rosenberg clocked long hours, six days a week, repairing anything with wheels or an engine. But as he reached his mid-50s, the long days of standing under vehicle lifts had begun to strain his legs.

His primary care doctor suggested that he see a vascular specialist and handed him a list of physicians to choose from. Dormu happened to have an office in the same plaza as Rosenberg’s auto shop, between a jujitsu studio and a dentist’s office.

He first visited Dormu’s practice that December.

Instead of starting with more conservative treatment, Dormu deployed a trifecta of interventions on both of Rosenberg’s legs within three months, widening his arteries with stents and balloons, and debulking his vessels with atherectomy devices, according to later legal filings.

Shortly after one of the procedures, Rosenberg’s left foot grew numb and was cool to the touch. He went to the emergency room, where doctors discovered that one of his stents had clogged, hindering his vessel from carrying blood.

Angioplasty: A compact balloon is inserted into a blood vessel and inflated to flatten plaque against its walls.

Stent: A metal mesh tube is implanted into a narrowed blood vessel to hold open its walls.

Atherectomy: A catheter, often capped with a blade or laser, is inserted into a blood vessel and removes plaque off its walls.

(Illustrations by Now Medical Studios, special to ProPublica)

Dormu called him back to his office, where he repeated the procedures: shaving the blockages, ballooning the artery walls and installing another stent.

The next day, he repeated the procedures again, ballooning his vessels and installing yet another stent.

Dormu sent Rosenberg to Providence Hospital in Washington, D.C., for further treatment. Within a day, his left foot had grown cold, a sign that blood likely no longer flowed freely through his vessels.

According to the terms of a legal settlement in a malpractice suit against Dormu, Rosenberg cannot comment on his care. However, public documents filed in his case, including assessments from medical experts, illuminate the cascade of procedures and the outcome.

A vascular surgeon Dormu retained for his defense, Dr. Garry Ruben, said the interventions were warranted; he said Rosenberg had been prescribed an anti-platelet medication, which he did not consistently take. In legal filings, Dormu blamed Rosenberg’s injuries on his preexisting medical conditions and circumstances outside his control.

However, after reviewing medical records and diagnostic studies, Dr. Christopher Abularrage, an expert retained by Rosenberg and a professor at Johns Hopkins who specializes in vascular and endovascular surgery, found several “breaches of the standard of care.” Dormu had failed to prescribe conservative therapy and lifestyle modifications first, he found, and “persisted with unindicated, endovascular interventions in the face of persistently poor outcomes and diminishing returns.”

In less than six months, Rosenberg had been transformed from a patient with mild leg pain to one with a high risk of limb loss, he concluded.

Rosenberg spent nearly a week at Providence Hospital, the life slowly draining from his leg, before he was transferred to Washington Hospital Center on April 8, 2017, according to records. By then, his left leg was gangrenous and had no pulse. All of the stents had become blocked.

Without better options, doctors amputated his leg.

Between 2013 and 2017, Dormu earned about $14.5 million from Medicare — more than 99% of other vascular surgeons across the country — for treating hundreds of patients a year, the vast majority of them in his clinics.

In 2018, he was able to afford an upgrade.

The Watcher was not like other surgical centers. In its entrance stood a juice bar that could serve organic cold-pressed drinks to patients. Crystal chandeliers adorned its hallways. Moist air was pumped through its vents. And more than a dozen original modern paintings lined its walls, making it feel like an art gallery. “We wanted it to give that shock and awe,” Dormu said in a video interview from the facility’s opening day.

The clinic in Laurel. Dormu had also established several other vascular offices in the region. (Shuran Huang for ProPublica)

His clinic provided a litany of medical services, including treatments for uterine fibroids, erectile dysfunction and varicose veins, as well as elective nonsurgical fat reduction.

The expansive facility boosted Dormu’s earnings. From 2018 through 2021, he earned nearly $18 million in Medicare payments for all of his clinic’s activities.

One procedure stood out from the rest: Nearly $12 million of that came from atherectomies, according to Medicare data.

He performed one on Alice Belton, a high school nursing teacher who sought help in 2018 for lower extremity pain, numbness and tingling. Her artery blood flow was normal; even Dormu noted that she didn’t have severe leg pain, according to an ongoing lawsuit. And yet, he conducted multiple procedures over about a year, shaving plaque, ballooning her vessels, treating her veins and running invasive scans; the procedures were unnecessary, according to a medical expert retained in her case.

Belton says she has since developed permanent nerve damage in her leg, which has prevented her from working full time. In legal filings, Dormu denied the allegations and claimed that the alleged injuries were caused by preexisting conditions.

“The experience with Dr. Dormu has shaken my confidence in health care practitioners and more importantly in myself,” she said. “I feel duped that this surgeon convinced me, a nurse, that my problems required such radical surgical interventions.”

And then there was John Malinich, who had no leg pain but wanted to get his circulation checked in 2019 after he saw Dormu’s billboard. At first, Malinich didn’t question Dormu’s treatments; the doctor’s confident demeanor and lavish facility impressed him and put him at ease.

“After surgery on both of my legs, they wanted me to go back and do it over again,” he said. “After that, I started getting suspicious.”

He said he got a second opinion from another vascular surgeon who informed him that the prior procedures, which involved balloons, an atherectomy and a stent, had been unnecessary. To ensure his stent doesn’t collapse or clog, doctors now have to annually monitor Malinich. He filed a lawsuit against Dormu, who has denied allegations of overtreatment. The case is ongoing.

“I trusted the guy,” Malinich said. “But it was just to make money.”

The next year, Heather Terry was looking forward to her mother’s return home after a six-month stint rehabilitating in a nursing home. For years, Heather had helped take care of 62-year-old Linda Terry, who had debilitating epilepsy. After a fall down a flight of stairs and subsequent back surgery, Terry was left paraplegic and unable to walk.

Just before she was supposed to be discharged from the nursing home in August 2020, the staff told Heather Terry that her mother had leg pain and ulcers on her heels that needed treatment. According to her family, Linda Terry had no prior circulation issues. The procedure was simple, the staff said, and would be conducted in a clinic just down the road.

On Aug. 13, Terry was transferred to Dormu’s center, where he started an atherectomy procedure, inserting the small tube capped with blades into her vessels to shave the plaque from her artery walls.

Less than 15 minutes into the treatment, her blood pressure began to drop.

With atherectomy, there’s always a risk that the device may dissect the vessel, which would require immediate care.

Dormu aborted the procedure and brought Terry into the recovery area. She was drowsy and her blood pressure continued to waver, signs that she may have been bleeding internally, according to her family’s attorney. Instead of being rushed to the emergency room, legal filings show, she was sent back to the nursing home, where she became unresponsive.

The nursing home called an ambulance, which ferried her to the emergency room at the University of Maryland Laurel Medical Center. Three hours later, she was pronounced dead, according to the lawsuit, a consequence of severe anemia due to internal blood loss.

Heather Terry holds a photo of her mother, Linda Terry. Linda Terry, who was about to be discharged from a nursing home, was transferred to Dormu’s center for treatment. (Michelle Gustafson, special to ProPublica)

For the aborted procedure, according to the family’s attorney, Dr. Zev Gershon, Dormu charged her insurance about $20,000.

Heather Terry believes that if Dormu had treated her mother with appropriate care and transferred her directly to the hospital, she might have survived. “It went from ‘She’s going to come home tomorrow’ to ‘She’s dead,’” said Terry, whose ongoing malpractice case against Dormu is set to go to trial this year.

In legal filings, Dormu denied any involvement in her mother’s death. He said in a deposition that he did not see evidence of bleeding and that Linda Terry’s anemia could have been due to a prior fall. He said he also gave a directive to send her to the hospital after the aborted procedure, despite EMS records obtained by the family’s attorney showing that Terry was sent back to the nursing home.

“I trusted doctors,” Heather Terry said, “but now I’m starting to think that maybe they shouldn’t be as fully trusted.”

Heather Terry (Michelle Gustafson, special to ProPublica)

By 2021, Dr. Kim Hodgson, a former president of the Society for Vascular Surgery, recognized that unfettered profiteering in his field was not just a threat to patients, it also stood to damage the credibility of his speciality. Notably, abuse in outpatient vascular facilities was the No. 1 complaint he had received from members. That August, the vascular surgeon stood before hundreds of doctors at the society’s annual conference and made a plea.

“Somebody has to address what should never have been allowed to get to this level of threat to us and our patients in the first place,” he said. “We can play whack-a-mole every time the bad actors surface until the cows come home, but that leaves a trail of harmed patients and wasted resources.”

In dozens of slides, he laid out evidence exposing the magnitude of the crisis: the Medicare incentive, the explosive growth of procedures in clinics and the potential for inappropriate treatment. Most critically, he warned about the risk of patient harm. In recent years, researchers have found that patients in early stages of vascular disease had less than a 2% risk of amputation after five years. However, with aggressive interventions, that risk could surge up to 5% or even 10%.

“The problem is that these behaviors — unindicated early interventions and overuse of unproven technologies — still have costs and more often than not, those costs are borne by our patients,” he said. “We can and should do better, otherwise we are also enablers.”

The issue has magnified into a crisis that has splintered the specialities that conduct these procedures, which include interventional radiologists, cardiologists as well as vascular surgeons. Some physicians do not view overuse as an urgent problem and feel the recent academic attention unfairly stigmatizes private practice doctors.

“The majority of operators are doing the right thing,” said Dr. Jeffrey Carr, an interventional cardiologist and the founding president of the Outpatient Endovascular and Interventional Society, which represents physicians working in outpatient settings. “We need to call out the bad actors, but to cast a narrative that puts us all in the same arena is wrong.”

Other doctors recognize a need for considerable reforms.

CMS could reverse the change that kicked off the entire problem, some experts said, by reducing its outpatient reimbursement rates. “If you shut off the money, the whole thing will stop tomorrow,” Mukherjee, the Virginia vascular surgeon, said.

But such cuts might hurt doctors practicing responsibly and could even nudge the least scrupulous ones into higher gear to make up the financial difference. “You could incentivize people to do more procedures, and some of them may be inappropriate,” said Dr. Peter Lawrence, the former chief of vascular and endovascular surgery at the University of California, Los Angeles, who developed an outpatient center connected to the university.

More critical than payment cuts, Lawrence said, is greater oversight of office-based facilities. Many states don’t require doctors in those settings to have special vascular training or hospital privileges in case of complications, he said. “You could be a psychiatrist and do these procedures,” he said.

Many physicians also support improved data collection, particularly for newer technologies like atherectomy, to ensure that they’re not only safe but result in improved outcomes.

“Many of the vascular procedures that are done are relatively safe or can be done with good short-term results, but the failures are long term — it’s what happens in two to five years,” Lawrence said. “Unless you have a reimbursement system, which not only pays you for the initial procedure, but whether or not it’s durable, you can have procedures done in our society that have great short-term results but have poor long-term results.”

CMS could require physicians to participate in patient registries, said Dr. William Schuyler Jones, an interventional cardiologist and associate professor of medicine at Duke University School of Medicine. “That type of required reporting would make our system better,” he said, “and would ultimately put the onus on all of us to do more appropriate care.”

For Dormu, patients were the ones to prompt accountability, airing their grievances to the Maryland Board of Physicians. Among them was a woman who sought his care for excessive leg itching and said he tried to pressure her into an invasive artery scan. When she sought a second opinion, the doctor concluded that her itching likely stemmed from a reaction to an insect bite.

The medical board examined the records of 11 of Dormu’s patients. Two peer reviewers, board certified in vascular surgery, independently concluded that Dormu had performed “medically unnecessary and invasive vascular procedures” and failed to meet appropriate standards of care for 10 of the 11 patients, “exposing them to potential risks such as bleeding, infection, blood vessel injuries which could acutely or chronically worsen the patient’s circulation, and limb loss.”

One patient who sought Dormu’s care to evaluate blockages in their legs could walk a mile before treatment, but after the procedures, they could not walk at all.

The center claims to have “saved over 34,000 lives and limbs.” (Shuran Huang for ProPublica)

“There exists a substantial likelihood of risk of serious harm to the public health, safety, and welfare in Dr. Dormu’s continued practice,” the board’s executive director, Christine Farrelly, concluded.

Last October, the board found him in violation of state medical law, citing his overuse of procedures and his failure to uphold standards of care. It fined him $10,000, suspended him and put him under a two-year probation, during which he must be supervised and enroll in an ethics course.

Maryland Department of Health spokesperson Chase Cook said the agency’s Office of Health Care Quality, which is responsible for oversight of the state’s surgical centers and licensed Dormu’s current facility, was not aware of his sanctions nor the allegations of harm. The office “will follow-up in accordance with federal and state regulations,” Cook said.

Despite lacking an active license to practice medicine in Maryland, Dormu is still listed on his clinic’s website as the lead vascular surgeon, “currently available for office visits and in-patient consultations.”

When ProPublica called Dormu’s office to inquire whether he was still practicing, the receptionist said he was no longer seeing patients and that “Dr. Seibles” was providing all the same services. According to the Virginia Board of Medicine’s directory, Dr. Ayana Jonelle Seibles spends 20% of her time practicing at Dormu’s center in Maryland.

An emergency medicine physician who does not have specialty training in vascular surgery, Seibles appears to have a close relationship with Dormu; according to county property tax records, they have owned a home together since at least 2017. Seibles did not respond to ProPublica’s questions that were sent by email.

In a lawsuit deposition last month, Dormu said that he stopped doing surgery this year as a “personal choice.” When asked the name of his supervisor, he stated that he couldn’t recall it. He also couldn’t recall how many times he had been sued for malpractice, any of the details of the cases, nor the names of the attorneys representing him. He also couldn’t specify how many atherectomies he had performed, only estimating that he had done more than 100.

According to Medicare data, over the past decade, he has done at least 3,400.

For most of his life, Rosenberg trusted doctors; his own father was one. But the mechanic has lost faith in medicine. Memories of his 2017 amputation have been largely buried by the trauma, but he recalls lying in his hospital bed after the operation, the remnants of his left leg wrapped in a cloud of white bandages. “Life isn’t supposed to turn out like this,” he said.

He was discharged to his three-story colonial home, where two steps led to the front door and 13 steps gave way to the second floor; he could only ascend them by crawling backward. Eventually, he sold the house and his family moved into a flat, ranch-style home.

He tried to maintain his auto shop, relying on his wife and teenage stepson to help out. But with his limited mobility, first in a wheelchair and later maneuvering with his prosthetic and a cane, he could not repair cars like he used to and was forced to sell his business and retire.

Before, he could get dressed and out the door in less than 30 minutes; it now takes more than an hour. He used to prepare meals for his family, but after, his stepson had to learn how to cook. In the months following the surgery, he often fell asleep by 7:30 p.m., tired from carrying his body around all day. Discomfort would awaken him by 4 a.m.

Half of his days are now spent navigating the complex web of amputee providers, arguing with insurance agents, attending physical therapy and meeting with specialists to keep his vascular system in check.

Above all, managing the pain has remained a lingering burden. Even though he lost most of his left leg, its memory has been indelibly burned into his brain, haunting him like a phantom. Sometimes the bottom of his missing foot itches or a jolt surges down his absent calf.

“And there’s nothing anyone can do about it,” he said, “because it’s not there.”

Do You Have Experience With Peripheral Artery Disease? Have You Had a Procedure on Your Leg? Tell Us About It.

by Annie Waldman

New York Charter Schools Write Their Own Rules for When to Call 911 on Students Having a Mental Health Crisis

2 years ago

This article was produced for ProPublica’s Local Reporting Network in partnership with THE CITY. Sign up for Dispatches to get stories like this one as soon as they are published.

In a panic, if she floors it, Marilyn Blanco can drive from her job at the Rikers Island jail complex to her son Ian’s school in Harlem in less than 18 minutes.

Nine times since December, Blanco has made the drive because Ian’s school — Success Academy Harlem 2 — called 911 on her 8-year-old.

Ian has been diagnosed with ADHD. When he gets frustrated, he sometimes has explosive tantrums, throwing things, running out of class and hitting and kicking anyone who comes near him. Blanco contends that, since Ian started first grade last year, Success Academy officials have been trying to push him out of the school because of his disability — an accusation similar to those made by other Success Academy parents in news stories, multiple lawsuits that resulted in settlements and a federal complaint.

When giving him detentions and suspensions didn’t stop Ian’s tantrums, Blanco said, the school started calling 911. If Blanco can’t get to Ian fast enough to intervene, a precinct officer or school safety agent from the New York Police Department will hold him until an ambulance arrives to take him to a hospital for a psychiatric evaluation — incidents the NYPD calls “child in crisis” interventions.

The experience has been devastating for Ian, Blanco said. Since the 911 calls started late last year, he’s been scared to leave his house because he thinks someone will take him away. At one ER visit, a doctor wrote in Ian’s medical file that he’d sustained emotional trauma from the calls.

Citywide, staff at the Success Academy Charter School network — which operates 49 schools, most of them serving kids under 10 years old — called 911 to respond to students in emotional distress at least 87 times between July 2016 and December 2022, according to an analysis of NYPD data by THE CITY and ProPublica.

If Success Academy were run by the city Department of Education, it would be subject to rules that explicitly limit the circumstances under which schools may call 911 on students in distress: Under a 2015 regulation, city-run schools may never send kids to hospitals as a punishment for misbehavior, and they may only involve police as a last resort, after taking mandatory steps to de-escalate a crisis first. (As THE CITY and ProPublica reported this month, the rules don’t always get followed, and city schools call 911 to respond to children in crisis thousands of times a year.)

But the regulation doesn’t apply to Success Academy, which is publicly funded but privately run and — like all of the city’s charter school networks — free to set its own discipline policies.

Success Academy Harlem 2, where Ian attends school.

The consequence, according to education advocates and attorneys, is that families have nowhere to turn if school staff are using 911 calls in a way that’s so frightening or traumatic that kids have little choice but to leave.

“Sure, you can file a complaint with the Success Academy board of trustees. But it isn’t going anywhere,” said Nelson Mar, an education attorney at Legal Services NYC who represented parents in a 2013 lawsuit that led to the restrictions on city-run schools.

Success Academy did not respond to questions about the circumstances under which school staff generally call 911 or the criteria they use to determine whether to initiate child-in-crisis incidents.

Regarding Ian, Success Academy spokesperson Ann Powell wrote that school staff called EMS because Ian “has repeatedly engaged in very dangerous behavior including flipping over desks, breaking a window, biting teachers (one of whom was prescribed antibiotics to prevent infection since the bite drew blood), threatening to harm both himself and a school safety agent with scissors, hitting himself in the face, punching a pregnant paraprofessional in the stomach (stating ‘I don’t care’ when the paraprofessional reminded him that ‘there’s a baby in my belly’), punching a police officer and attempting to take his taser, and screaming ‘I wish you would die early.’”

Powell also provided documentation that included contemporaneous accounts of Ian’s behavior written by Success Academy staff, photographs of bite marks and a fractured window, an assessment by a school social worker concluding that Ian was at risk for self-harm, and a medical record from an urgent care facility corroborating the school’s account that a teacher had been prescribed antibiotics.

Blanco said that Success Academy administrators have regularly exaggerated Ian’s behaviors. When he was 6, for example, Ian pulled an assistant principal’s tie during a tantrum, and school staff described it as a choking attempt, according to an account Blanco gave to an evaluator close to the time of the incident. Each time Success Academy has sent Ian to an emergency room, doctors have sent him home, finding that he didn’t pose a safety threat to himself or others, medical records show. (Success Academy did not respond to questions about the assertion that staffers have exaggerated Ian’s behaviors.)

Blanco knows that Ian is struggling. No one is more concerned about his well-being than she is, she said. But villainizing her 8-year-old only makes the situation worse.

“It’s like they want to tarnish him,” Blanco said. “He’s just a child, a child who needs help and support.”

“Things are already hard enough” for Ian, Blanco continued. “Kids born with special needs — they didn’t choose that walk of life. Ian didn’t pick this. They don’t have the right to punish him for it.”

Back in 2020, when Ian was 4, Blanco was thrilled to get him a spot at Success Academy. She and Ian live in the South Bronx, in the same neighborhood where Blanco grew up. At Ian’s city-run neighborhood school, P.S. 62, just 14% of students passed state reading exams last year.

Success Academy Harlem 2

Success Academy, which has avid support from many parents and is led by former New York City Councilmember Eva Moskowitz, promotes itself as an antidote to educational inequality, offering rigorous charter school options to kids who might not have other good choices. On its website, the network advertises its students’ standardized test scores (pass rates for Black and Latino students are “double and even triple” those at city-run schools) and its educational outcomes: 100% of high school graduates are accepted to college, the network says.

Success Academy administrators say that strict and consistent discipline policies are essential to kids’ learning. Students are required to follow a precise dress code and to sit still and quietly, with hands folded in their laps or on their desks. When students break the rules, the school issues a progressive series of consequences, including letters home, detentions and suspensions.

Once students are accepted through the Success Academy lottery, the network is required to serve them until they graduate or turn 21, unless they withdraw or are formally expelled.

But critics, including parents who say their kids were pushed out of Success Academy schools, have long claimed that the network achieves its academic results by getting rid of students with disabilities — especially those with mental health or behavioral challenges that make it impossible to follow the school’s rigid comportment rules. In 2015, The New York Times reported that a Success Academy school in Fort Greene, Brooklyn, had drawn up a list of students with the heading “Got to Go.” The network’s officials responded to the report by saying that the list had been a mistake, and that the school’s principal had been reprimanded.

A year later, a group of parents, accompanied by then-New York City Public Advocate Letitia James, filed a complaint against Success Academy with the federal education department, claiming that the network discriminated against students with disabilities, including by threatening to file child welfare reports and to call 911 on children if their parents didn’t pick them up on demand. (The investigation is still open.)

In 2019, the New York State Education Department found that Success Academy had failed to provide mandatory services for students with disabilities and refused to follow orders issued by hearing officers.

Success Academy did not respond to questions from THE CITY and ProPublica about the investigations.

Critics have paid less attention to the fact that Success Academy is not subject to city rules governing 911 calls — an exemption the network takes full advantage of, according to accounts from parents, attorneys and two former staff members who spoke to THE CITY and ProPublica.

“The path is detentions, suspensions, parent meetings. A 911 call is the next step in the escalation,” said Livia Camperi, who was an English teacher at a Success Academy school in Brooklyn until March. Camperi said she was fired because she disagreed with a new principal about increasingly “draconian” discipline practices. On the day she left the school, an assistant principal called an NYPD safety agent on a middle school student who stayed seated after being instructed to leave a classroom, according to Camperi, who showed THE CITY and ProPublica text messages from students and staff that corroborate her account.

In response to questions about this incident, Powell, the Success Academy spokesperson, wrote that the student was shouting and banging on a desk. Educators “were concerned that the student wasn’t following directions and might become violent so they called school safety,” Powell wrote. “It is appropriate to involve school safety when there are possible safety issues.”

Powell did not comment on the circumstances under which Camperi was fired.

In Harlem, Ian started struggling at Success Academy just a few weeks into first grade. He’d never been aggressive before he started school, Blanco said. Because of the COVID-19 pandemic, he’d attended kindergarten online. When schools went back to in-person instruction, he was a high-energy 6-year-old who couldn’t follow Success Academy’s strict rules requiring him to sit still and stay quiet. By the end of first grade, he’d been suspended nearly 20 times.

The more Ian got in trouble, the worse he felt about himself and the worse his behavior became, Blanco said. He started falling behind because he missed so much class time during his suspensions, according to his education records. At home and at school, he said that teachers disciplined him because he was a “bad kid.”

At first, Blanco worked hard to cooperate with the school, she said. She was worried by the change in Ian’s behavior, and she thought that school staff had his best interests at heart. But then an assistant principal called her into an office and told her that Success Academy wasn’t a “good fit” for Ian, Blanco said to THE CITY and ProPublica, as well as in a written complaint she sent to Success Academy at around that time. (Success Academy’s board of trustees investigated the complaint and did not find evidence of discrimination against Ian, according to a September 2022 letter to Blanco from a board member.)

“That didn’t sit right,” said Blanco, who is an investigator at Rikers Island and is accustomed to gathering paper trails. She asked the assistant principal to put the statement in writing, but he told her she had misunderstood, she said. (Success Academy did not respond to questions about this incident.)

Several times, when the school called Blanco to pick Ian up early, staff told her to take him to a psychiatric emergency room for an evaluation. But the visits didn’t help, Blanco said. “You could be sitting there for six, seven, eight hours,” waiting to talk to a psychologist. Because Ian never presented as an immediate threat to himself or others, hospital staff couldn’t do much but refer him to outpatient care and send him home, according to hospital discharge records.

Eventually, Blanco found an outpatient clinic that would accept her insurance to evaluate Ian for neurological and behavioral disorders. She said she begged school staff to stop disciplining Ian while she worked to get him treatment, but the suspensions were relentless. Once, he missed 15 straight days of school.

At the beginning of Ian’s second grade year, Blanco reached out to Legal Services NYC, where Mar, the education attorney, took her on as a client.

Mar filed a complaint on Blanco’s behalf with the state education department, which concluded that Success Academy had failed to provide Ian with services required by his individualized education plan. He also represented her in hearings to determine whether Ian’s suspensions were for behavior that resulted directly from his disability, which ultimately reduced the number of days that Ian was barred from school. But there was little they could do about the fact that the suspensions just kept coming.

When parents of kids at city-run schools believe their children have been unfairly disciplined — including through inappropriate suspensions or unnecessary 911 calls — they can appeal for help first from the superintendent of their community school district or the city’s Department of Education, and then from the state education department, which oversees the city agencies.

Charter school families, on the other hand, often have “no opportunity for redress,” Mar said. In certain cases, students or parents can file a complaint with the State University of New York, which authorizes Success Academy’s charter and has the power to revoke it. But neither SUNY nor the state education department have regulations governing 911 calls, and SUNY will only consider a complaint if students or parents can show that a school violated the terms of its charter or broke the law — which is very difficult to prove in the case of 911 calls, since school staff have room for discretion in emergencies, including serious threats of suicide or self-harm.

“SUNY does not condone the use of 911 as a form of discipline and that is made clear when schools seek guidance. We also do not substitute our judgement if a school administrator believes a child in distress needs emergency services,” wrote Mike Lesczinski, director of communications for the SUNY Charter School Institute.

The state education department did not respond to requests for comment.

In January, Blanco called Mar again as she sped from Queens to Harlem. Ian had had another tantrum, and Success Academy had once again called 911. Mar raced to the school, where he and Blanco found Ian in a hallway, sobbing. Four uniformed police officers and two EMTs towered over him, Mar and Blanco said.

School staff said that they had isolated Ian in an office because he was behaving aggressively, and then he’d tried to open a window. “They claimed he was exhibiting suicidality,” Mar said.

But Ian told Mar and Blanco that he’d never planned to hurt himself; he just didn’t want to be confined alone in an office. “He was trying to do what any logical person would do,” Mar told THE CITY and ProPublica. “He wanted to get out of the situation.”

Blanco told the EMTs that she did not consent to them putting Ian in an ambulance. Instead, she drove him herself to the psychiatric emergency room at Manhattan’s Bellevue Hospital for an evaluation, she and Mar said. As with all the other ER trips, hospital staff evaluated Ian, determined that he wasn’t at risk of harming himself and sent him home.

Shortly after the January 911 call, Blanco’s doorbell rang. It was a caseworker from the Administration for Children’s Services, New York City’s child welfare agency, there to investigate a report that Blanco was neglecting Ian’s medical care.

The allegation seemed absurd to Blanco, since Ian is under the care of a neurologist, was on waitlists for outpatient therapy at several clinics, and has been assessed multiple times by ER doctors who determined he was not at risk of self-harm, according to Blanco’s account and medical records. “I’ve done everything in my power to try and get him help,” Blanco said.

Blanco and Ian

Because people who report concerns to child welfare agencies are typically kept anonymous and the investigation is still open, Blanco couldn’t immediately find out who made the complaint against her. However, Powell from Success Academy wrote that school staff reported Blanco for child neglect in January, after Blanco refused to allow EMTs to put Ian in an ambulance. (In this instance, the school had called a mobile crisis unit to respond to Ian before calling 911, Powell wrote, but the unit was not available.) School staff were concerned that, despite “Ian’s repeatedly exhibiting self-injurious behaviors,” Blanco had shown a pattern of “neglecting her child by failing to provide appropriate and necessary mental support for him,” Powell wrote.

Success Academy made a second child welfare report against Blanco in April, after another incident in which Ian’s parents refused to allow EMTs to take him from school by ambulance. In that instance, Powell wrote, lieutenants from the NYPD and EMS said that Ian needed to be evaluated in a hospital because he’d said he wanted to harm others, and that emergency services personnel would be required to alert the Administration for Children’s Services if Ian’s parents refused the recommended level of care.

“We had utterly no choice in the matter,” Powell wrote. “Declining to notify ACS when the police have specifically concluded there is a duty to do so would have been a flagrant, deliberate and criminal violation of our reporting duties.”

It’s not uncommon for schools to file child welfare reports against parents who refuse to allow their children to be taken from school by ambulance — even if the kids are in treatment and the parents believe that being forcibly removed from school would be traumatic and unhelpful, according to several education attorneys and parents who told similar stories to THE CITY and ProPublica. School employees, who are legally required to report suspected abuse or neglect, make thousands of unfounded child welfare reports each year.

“I don’t know if schools really understand how much pain they add to a stressful situation when they make a child welfare report,” said Jenn Choi, who works as an educational advocate for parents of children with disabilities. Ten years ago, Choi was subject to a child welfare investigation after a school bus attendant called 911 on her son, who’s autistic.

At Blanco’s apartment, the investigator peered into her refrigerator and cabinets and took Ian into a separate room to interview him alone. “It was very invasive and humiliating,” Blanco said.

She felt besieged by forces she couldn’t possibly withstand. “I know how this works. I’m a single mom, I live in the Bronx, I’m a minority, I’m a dark-skinned woman. So automatically, it must be a broken home,” Blanco said. “I’ve cried my eyes out. I’m not the person that I was prior to my son going into that school.”

The 911 calls and the child welfare case are taking their toll on Ian, too. He gets nervous now when he sees police cars on the street, Blanco said. “I’m law enforcement. I don’t teach him to be afraid of police.” In February, he told a therapist that the only place he feels safe is at home.

One month after the child welfare visit, things got even worse. Blanco was in Queens, heading to work to pick up some overtime, when the school called to say that Ian had had another tantrum. This time, she was too late to bring Ian home herself. He was in an ambulance, on his way to Harlem Hospital.

“I started having a panic attack,” Blanco said. “I just kept thinking about him being taken away by strangers and I’m not there. I don’t know if he complied and got in the ambulance of his own accord. I don’t know if they forced him. I don’t know what they’re telling him, what they’re doing to him, what they’re making him feel.”

She was crying too hard to drive, so she called Ian’s dad, who left a barbershop halfway through a haircut to pick up Blanco and rush to the hospital. When they arrived and Blanco saw that Ian was safe, her panic turned to something else. “I was so angry but at the same time I felt so defeated. I’m fighting a lost cause,” she said. “I felt so small and helpless that I couldn’t even defend my own child.”

Two weeks ago, Success Academy sent Blanco an email informing her that they requested a hearing to have Ian removed from school for up to 45 school days because he “is substantially likely to cause injury to himself and others while in the Success Academy community.”

Ian would be barred from Success Academy immediately, the email said, even though it could take up to 20 days to schedule the hearing, which will be held at the special education division of the city’s Office of Administrative Trials and Hearings. If the hearing officer agrees with Success Academy, Ian will miss the rest of the school year.

“I want to be clear that this action is not disciplinary in nature,” wrote Bridget McNamara, Success Academy’s head of school management, in the May 9 message to Blanco. “We believe Ian is currently not safe in his current school placement.”

To Blanco, the hearing seems like just another way for the school to get rid of her son. She thinks about pulling Ian out of Success Academy all the time, she said, but it feels like there’s no good alternative. She doesn’t want to give up on the idea of him getting a better shot than the one she got at a failing neighborhood school.

“I want him to get free of this cycle of disadvantage,” Blanco said. “I want to fight for my son’s rights and let them know that you’re not going to treat my child this way. I’ve made it my mission. You don’t get to pick and choose who you give an education to.”

Blanco and Ian. Ian is barred from attending Success Academy while he waits for a hearing at the city’s Office of Administrative Trials and Hearings.

Clarification, May 26, 2023: This story has been clarified in two places to specify that Success Academy called 911 when requesting an emergency response to students’ misbehavior, removing any ambiguity about whether the police were called directly.

by Abigail Kramer, THE CITY; Photography by Sarah Blesener for ProPublica

Why Scientists Have a Hard Time Getting Money to Study the Root Causes of Outbreaks

2 years ago

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The outbreaks keep coming.

Mpox, the virus formerly known as monkeypox, last year crossed borders with unprecedented speed to infect nearly 90,000 people. In the past year, Ebola killed at least 55 in Uganda, and a related, equally deadly virus called Marburg emerged in two countries that have never seen it before. Now, scientists are worried that a dangerous bird flu that’s been jumping to mammals could mutate and spread among humans.

These viruses all came from wildlife. Understanding what conditions prime pathogens to leap from animals to people could help us prevent outbreaks. After COVID-19 showed the world the devastation a pandemic can bring, you’d think this type of research would be among the hottest areas of science, with funders lined up far and wide.

That’s not the case. As ProPublica has shown in a series of stories this year, global health authorities focus far more attention and money on containing outbreaks once they begin rather than preventing them from starting in the first place. This mindset has hindered scientists who study the complex dynamics that drive what’s known as spillover, the moment a pathogen leaps from one species to another.

Australian researcher Peggy Eby and her colleagues have shown that it is possible to predict when spillovers are going to happen by closely tracking bats that spread contagion and patiently observing changes that shape their world. This groundbreaking research on the often-fatal Hendra virus relied on decades of Eby’s field work, some of which she did without pay. Early on, one government funder told her that the project she proposed wasn’t a “sufficiently important contribution.” She and her colleagues had to cobble together a mishmash of different grants and keep impatient funders happy. Their work, published late last year in the journal Nature, highlights ways to intervene and potentially prevent outbreaks.

Scientists want to unlock similar mysteries involving other infectious diseases, but research like this is difficult to do and even more difficult to fund. Here are some of the obstacles that stand in the way:

High-tech research overshadows old-school field work.

Government and scientific funding organizations typically reward cutting-edge technologies, such as using machine learning to build models. But those are only as good as the information fed into them — data that someone like Eby has to collect through painstaking groundwork. Many of Eby’s most important insights have come from visiting and revisiting bat roosts over many years, and there was nothing high-tech or novel about her method: a keen eye, a pair of binoculars, a pen and a notebook.

Wildlife ecologist Peggy Eby scans a tree line for flying foxes in the Pilny Reserve. For decades she has gathered data through low-tech shoe-leather field work. (Kathleen Flynn, special to ProPublica) Funders prize novelty over exploring existing theories.

Some funders prioritize totally new ideas. Eby and her colleagues have found that bats shed more Hendra virus after being stressed by food shortages, which have increased as people cut down native trees that once provided the nectar the bats like to eat. Sarah Olson, director of health research at the Wildlife Conservation Society, has long wanted to conduct similar research on bats suspected of carrying the Ebola virus in the Republic of Congo. Developers have cleared swaths of forest in recent years to build roads and housing, and Olson wants to understand how that’s affected these bats.

Sarah Olson, center, of the Wildlife Conservation Society, collects a bat in an abandoned mine near Ely, Nevada, in 2018. (Kim Raff/The New York Times via Redux)

Olson has applied for grant after grant since 2015 but has struggled to get sufficient funding. Even before she applied, an employee at the National Science Foundation told her the study wouldn’t be novel enough because she wasn’t exploring an entirely new theory. Rather than strengthening her case, Eby and her colleagues’ prior work weakened Olsen’s chances. A spokesperson for the National Science Foundation said the agency could not comment on specific grants. Speaking generally, the spokesperson wrote, “The most competitive proposals are those that advance broad, conceptual knowledge that reaches beyond the specific system under study.”

Olson has lined up Congolese researchers who are willing to collaborate. “We can do it,” she said. “It’s just a matter of getting funding and the interest.”

Funders’ focus is often too narrow.

If you want to predict and prevent an outbreak, you have to answer big questions: What causes spillover? Why this year and not another? How does a changing environment influence animals and their interactions with humans? Experts across disciplines are needed, but cross-disciplinary vision is hard to find among many of the most prominent funding agencies.

The National Institute of Allergy and Infectious Diseases, for example, focuses on research to develop treatments, vaccines and diagnostic tests and to understand viruses at the molecular level. Conservation and environment-focused grants rarely include human health in their scope.

Olson pitched her study on Congolese bats to the National Institutes of Health. She got rejected, she said, because grant reviewers said that it wasn’t clear how the bat results could be linked to human infections. An NIH spokesperson said the agency doesn’t comment on specific grants, adding, “It is incumbent on investigators who want to study overlapping interests of animal and human health to clearly describe the relevance of their proposed research to the advancement of human health.”

Eby and her colleague, Dr. Raina Plowright, a professor of disease ecology at Cornell University, smacked into these same silos when their applications for grant after grant were shot down. An animal foundation, for instance, said it wasn’t within its mandate to care about diseases that jumped to humans.

Dr. Raina Plowright has been studying bats for decades. Here, conducting research nearly 20 years ago, she and employees of the Parks and Wildlife Commission in Australia carry bags containing flying foxes that they studied and later released. (Courtesy of Dr. Raina Plowright)

Thomas Gillespie, a professor of environmental sciences at Emory University, wanted to investigate whether stress affects when cave-dwelling bats in Costa Rica shed leptospirosis, a type of bacteria that can be deadly to humans. A joint program from the National Science Foundation and the NIH said the project was “too ambitious,” he recalled. Gillespie and his colleagues tried for a different NIH grant, but reviewers complained the focus was too much on animals and not enough on humans, he said. In the end, he and his colleagues stitched together funding from a museum, a nonprofit and private foundations, but they had to scale back the project to stay within budget.

Long-term research doesn’t fit into short-term grants.

Research grants typically last two to three years, which is not enough time to observe how climate change, food shortages, habitat loss and deforestation are affecting animal behavior. For their Hendra research, Eby and her colleagues analyzed data that spanned 25 years. To support that long-term data collection, Eby sometimes took on contract work, such as helping local governments figure out how to deal with bats that people in the area considered a nuisance.

Plowright won a grant from an arm of the Department of Defense, but it only allowed two years for collecting field data. “They needed us to wrap things up and show results to justify our funding,” Plowright said. That schedule is the norm, not an outlier, in science.

Some key programs are one-offs.

It’s not just that grants are short term. Some of the rare grant-giving initiatives that focus on prevention don’t last long either.

The Hendra virus researchers received some of their biggest financial support from a Defense Advanced Research Projects Agency program that was unique in its scope and vision. Called Preventing Emerging Pathogenic Threats, the program sought to understand the reasons contagions spread from animals to people. The ultimate goal was to devise strategies to protect U.S. troops in places where there are endemic and emerging infectious diseases, according to Kristen Jordan, the deputy director for the DARPA Biological Technologies Office. Unlike many others, this program was designed to support multidisciplinary research and was squarely focused on prevention. In 2018, it funded five projects, including the Hendra virus research.

But that’s it. After five years, the program is wrapping up for good. “We look to our government partners to pick up the pieces, if they so desire,” Jordan said. “We are ready for the next hard problem; there are many we need to address.”

Similarly, a program at the NIH called the Centers for Research in Emerging Infectious Diseases is among the few that fund scientists across disciplines who are trying to understand spillover. Established in 2020, the program plans to award $82 million over five years. That’s not as much as it sounds. Consider that the NIH receives more than $3 billion annually for HIV and AIDS research. Jean Patterson, the scientist who helps oversee the program, said that when the five years is up, she and her team have to make the case to NIH leaders that their program should continue or it will be dropped.

Money is scarce, even for solutions.

When researchers uncover ways to prevent outbreaks, getting funders to implement those solutions is no sure bet. Emily Gurley, an infectious disease epidemiologist at Johns Hopkins University, succeeded in winning government funding to piece together how the Nipah virus jumped from bats to people in Bangladesh. She and her colleagues figured out a way to interrupt the transmission of Nipah, the virus used as the model for the disease in the movie “Contagion.”

Infrared camera images captured fruit bats licking sap from date palm trees in Bangladesh. The pot under the bats collects sap. (Courtesy of Rajib Ausraful Islam, icddr,b)

Gurley and her team used infrared cameras to determine that bats were drinking sap that residents were collecting in pots attached to date palm trees. People caught Nipah when they drank sap contaminated by infected bats.

Across multiple studies, Gurley and her colleagues showed that bamboo skirts covering the pots were cheap and easy to make, accepted by local sap collectors and effective at keeping out bats. With a proven solution in hand, Gurley wanted to roll this out in other parts of Bangladesh where bats spread Nipah, but she said no U.S. or international agency would step up to fund that work. The Bangladeshi government tells people not to drink raw sap, but this is a long-standing tradition that may be hard to eliminate.

Gillespie, the Emory professor, said that government and private scientific funding groups need to prioritize research into prevention, so we can learn how best to head off deforestation, habitat loss and other causes of spillover. “We have to do something now, or we’ll end up in an era of pandemics,” he warned.

by Caroline Chen

The Federal Government Plans to Reform “Star” Workplace Safety Program That Reduced Inspections at Some Manufacturers

2 years ago

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The federal government is planning to reform a workplace safety program that was scrutinized in a recent ProPublica investigation.

The Star Program recognizes workplaces with strong safety programs and rewards them by curtailing the number of times government regulators show up randomly. It is based on the theory that motivating companies to adhere to best practices on their own is more effective than punishing them when they fall short.

But last year, workers at one chlorine plant in New York state told ProPublica that they were “swimming” in asbestos while their plant took part in the program from 1996 to 2021, and that participating had helped the company conceal the issue from the public.

After ProPublica revealed problems at other asbestos-dependent chlorine plants, the American Public Health Association questioned whether plants that use the carcinogen should be allowed to apply.

“On its face, a company whose business model relies on using asbestos does not have an exceptional health and safety management system,” the group wrote in a letter to the Occupational Safety and Health Administration, which runs the program. “There are alternative processes available and used by [chlorine] plants in the U.S. and in other nations.”

At the time, OSHA declined to comment on the content of the letter. The agency released a statement saying it was “focused on improving our efforts and looking at ways to protect workers from occupational exposure to asbestos moving forward.”

More recently, however, OSHA has signaled that big changes may be coming to the Star Program and other initiatives included in its Voluntary Protection Programs. The agency has said it wants to “modernize” the initiative as it works to expand it, and it is asking the public to answer a series of questions to help with the effort.

The questions range from technical to broad. Some touch on the issues raised in ProPublica’s reporting, including a question that asks if the exemption from random inspections creates concerns about workplace safety and health at the facilities.

Another echoes the question posed by the public health association about workplaces that use hazardous materials.

In a statement, OSHA said that it had started the process of modernizing the program before ProPublica’s stories were published, but that several of its questions were informed by ProPublica’s reporting. OSHA will hold a meeting for stakeholders on the subject on June 15, and comments from the public are due by Sept. 30.

The Star Program dates to the Reagan administration. To participate, plants must prove they follow best practices and submit to a rigorous inspection. But after that, they are no longer subject to random inspections.

OSHA reevaluates the facilities every three to five years.

Former workers at the facility in New York, an OxyChem chlorine plant in Niagara Falls, told ProPublica they spent months preparing for visits and shut down the dirtiest, most dangerous parts of the plant when OSHA evaluators were on site.

Still, records show that during one visit in 2011, evaluators found asbestos “scattered in certain areas of the floor” and covering much of the mechanical equipment. The plant did not receive a formal citation. It was readmitted to the program anyway.

OxyChem has repeatedly told ProPublica it complies with federal regulations and noted that OSHA has never cited its chlorine plants for asbestos-related violations.

In its letter to OSHA, the public health association raised concerns that the plant’s management had used its status in the Star Program “to game the system” to hide asbestos problems. The group pointed out that other chlorine plants using asbestos were also in the program, and it asked to meet with OSHA leaders.

The February meeting took place just before OSHA posted its questions for the public.

So far, the agency has received several dozen replies from company representatives, industry groups and safety experts. Many expressed satisfaction with the program while also offering suggestions for improvements. One individual, a self-described contractor who said he worked for multiple participants, called the program “a joke.”

A joint response from OSHA’s former Deputy Assistant Secretary Jordan Barab and former Assistant Secretary David Michaels questioned whether the program was worth the resources the agency puts into it.

Addressing the issue of plants that use hazardous substances like asbestos, Barab and Michaels said it was “inevitable” that some companies would use, store or manufacture dangerous materials and that that alone should not preclude their involvement in the program.

“If, however, there are safer alternatives to certain exceptionally hazardous substances or processes that can be feasibly implemented, OSHA should expect [program] participants to set an example by implementing those safer alternatives, even if the hazardous substance — such as asbestos — is still legally permitted to be used in the workplace,” they wrote.

Asked to respond, OSHA said in a statement: “It is premature for OSHA to comment on public comments as we are still engaging in the process, but we value the input and the important point that all employers should strive for safer alternatives.”

ProPublica’s reporting on asbestos has resonated widely. Late last year, it prompted public health advocates and two U.S. lawmakers to renew calls for Congress to ban the carcinogen, a move that would put the country in line with dozens of others across the world.

The lawmakers cited ProPublica’s work when reintroducing the bill this March.

In addition, the Environmental Protection Agency, which is finalizing its own ban, asked the public to weigh in on new information it had received on the issue, including ProPublica’s reports. Soon after, in a dramatic turnaround, one of the few U.S. manufacturers still using asbestos, Olin Corp., said it would support outlawing the carcinogen.

The EPA has said it is “moving expeditiously” to finalize the action this year.

by Kathleen McGrory and Neil Bedi

ProPublica Partner Sues Mississippi County for Blocking Access to Search Warrants

2 years ago

This article was produced for ProPublica’s Local Reporting Network in partnership with Northeast Mississippi Daily Journal. Sign up for Dispatches to get stories like this one as soon as they are published.

The Northeast Mississippi Daily Journal has sued Mississippi’s Union County, asking a judge to order that search warrants in its county-level justice court be made open for public inspection.

The lawsuit comes after an investigation last year by the Daily Journal and ProPublica found that almost two-thirds of Mississippi’s justice courts obstruct access to search warrants and to the affidavits used by police to obtain them.

That thwarts public scrutiny of searches, including no-knock raids in which police sometimes enter people’s homes at night with guns drawn. Last year, two Mississippi counties settled lawsuits involving such raids in which police shot people, one fatally.

Law enforcement usually must get permission from a judge before searching someone’s property, and normally they must knock and announce themselves before entering. But they can ask a judge for a no-knock warrant if they provide specific reasons.

They must bring search warrants back to court after a search, along with a list of what they seized.

The news organizations found that some Mississippi courts break statewide rules that require clerks to keep those warrants on file. Other courts — such as the Union County Justice Court — have the documents but claim the public can’t look at them.

“Our goal is to ensure that judicial records are kept open and that the government at all levels does its work where the public can see it,” Daily Journal Executive Editor Sam Hall said. “It seems clear to us — and to many other courts across the country — that the records we’ve requested should be public.”

The U.S. Supreme Court has recognized a centuries-old norm that court proceedings and papers should be open to the public. Judges can order that certain documents be sealed, but that must be done on a case-by-case basis.

Federal appeals courts have agreed that search warrants are judicial records that should be open to inspection, though they disagree about when exactly the document becomes subject to access.

It is “highly unusual” for a court to claim “that search warrants and related materials are simply never accessible to the public,” Katie Townsend, deputy executive director and legal director for the Reporters Committee for Freedom of the Press, told the news organizations last year.

But many of Mississippi’s justice courts, which frequently handle search warrants, did just that.

An attorney acting on behalf of Union County told the Daily Journal that records of executed search warrants on file with the clerk of the Union County Justice Court are shielded from public view because of a state law that protects the investigative records of law enforcement agencies.

In its lawsuit, the Daily Journal argues that this claim runs afoul of Mississippi’s Public Records Act and the common-law right to access court records. Mississippi’s public records law does contain an exemption for certain investigative records, but the exemption applies only to law enforcement agencies, not courts.

The county later offered to make some search warrants available, but only if a criminal investigation had concluded and a judge gave permission. The Daily Journal’s lawsuit argues that these conditions aren’t supported by law.

A representative of Union County did not respond to a request for comment on the lawsuit.

Experts say it’s not easy to get access to search warrants in many courthouses across the country. Even so, they said the problems with record-keeping and public access in Mississippi’s justice courts were extreme.

After a search warrant has been executed, it “should be a part of the files and available for public inspection,” William Waller Jr., a retired chief justice of Mississippi’s Supreme Court, told the news organizations last year. He helped draft the state’s rules of criminal procedure.

In response to the Daily Journal and ProPublica’s investigation, Mississippi’s judicial training body has advised court clerks and judges at training sessions that executed search warrants must be kept on file by the clerk and that the documents should be considered public if a judge hasn’t sealed them.

Last month, an insurance program run by many Mississippi counties held a risk management conference for law enforcement agencies, featuring sessions on search warrants and no-knock raids. Lawyers warned sheriffs that deputies should carefully document their reasons for conducting no-knock searches.

Rural Monroe County, in Mississippi’s northeast corner, settled a lawsuit for $690,000 last year over a 2015 fatal shooting by sheriff’s deputies during a 1 a.m. raid to look for drugs. Ricky Keeton came to the door with an air pistol as deputies pried open his door. His girlfriend said he thought someone was breaking in.

Also last year, Coahoma County, in the Mississippi Delta, settled a lawsuit that involved a 2020 raid in which sheriff’s deputies shot an unarmed man multiple times. He wasn’t even the target of the search and only happened to be at the house at the time of the raid. The amount of the settlement has not been disclosed.

by Caleb Bedillion, Northeast Mississippi Daily Journal

The Scientist and the Bats

2 years ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

We’re investigating the cause of viruses spilling over from animals to humans — and what can be done to stop it. Read more in the series →.

Dressed head-to-toe in protective gear, Peggy Eby crawled on her hands and knees under a fig tree, searching for bat droppings and fruit with telltale fang marks.

Another horse in Australia had died from the dreaded Hendra virus that winter in 2011. For years, the brain-inflaming infectious disease had bedeviled the country, leaping from bats to horses and sometimes from horses to humans. Hendra was as fatal as it was mysterious, striking in a seemingly random fashion. Experts fear that if the virus mutates, it could jump from person to person and wreak havoc.

So while government veterinarians screened other horses, Eby, a wildlife ecologist with a Ph.D., got to work, grubbing around the scene like a detective. Nobody knew flying foxes, the bats that spread Hendra, better. For nearly a quarter century, she’d studied the furry, fox-faced mammals with wingspans up to 3 feet. Eby deduced that the horse paddock wasn’t where the bats had transmitted Hendra. But the horse’s owners had picked mandarin oranges off the trees across the street. The peels ended up in the compost bin, where their horse liked to rummage. “Bingo,” Eby thought. Flying foxes liked mandarins. The bats’ saliva must have contaminated the peels, turning them into a deadly snack.

Eby, however, longed to unlock a bigger mystery: Could she, with the help of fellow scientists, predict when the conditions were prime for Hendra to spill over from bats, before it took any more lives? What if they could warn the public to be on guard — maybe even prevent the virus from making the leap? It would be painstaking work, but it wasn’t a pipe dream; Eby was already spotting patterns as she crawled around infection sites.

But when she pitched her research to a government funder the following year, she got a flat no. She proposed starting small, gathering basic data on flying foxes that could be used to figure out when and why they spread the virus. Her work, she was told, wasn’t considered a “sufficiently important contribution.”

Flying foxes rest in trees in Tamworth, Australia.

Global health organizations and governments have long focused on responding to outbreaks rather than predicting and preventing them. Billions of dollars pour into developing treatments and vaccines for infectious diseases, but only a small fraction goes to understanding why contagions spread from animals to humans in the first place. Some experts reject even that, viewing spillover as too random, mysterious and rare to be observed and studied.

The work Eby does is the opposite of the major research projects on deadly diseases that typically get scientific grants. Government and nonprofit funders are often drawn to studies involving cutting-edge technology like artificial intelligence, and they want results in a few years’ time. Eby had spent decades trekking into the Australian bush, often on her own dime, observing flying foxes for hours on end with only a notebook and a pair of binoculars. To support her research, she took on consulting jobs, such as advising towns whose residents viewed bats as pests. She knew, though, that side hustles would never be enough to support the multidisciplinary team of scientists needed to crack the Hendra virus.

In the years that followed, Eby found like-minded scientists, and the team, led by women, persisted. They cobbled together grant after grant, battled burnout and kept impatient funders at bay. A decade after Eby’s government grant proposal was shot down, they published a groundbreaking paper in the journal Nature that demonstrated it was not only possible to predict Hendra virus spillover, but it might be preventable. Only then did it become obvious just how important Eby’s quiet fieldwork truly was.

A team from Griffith University carefully untangles a bat, captured for study, from a net. First image: Wildlife ecologist Peggy Eby helps set up a net to capture bats for study. Second image: Dr. Alison Peel, a disease ecologist who works with Eby, releases a bat after collecting samples.

Dr. Neil Vora, a tuberculosis physician and former officer at the U.S. Centers for Disease Control and Prevention, said he was thrilled when he saw the paper. “It gave clear evidence that we can take actions to prevent spillovers of viruses,” said Vora, who now works for environmental nonprofit Conservation International. “I hope it helps to convince funders and policymakers that spillover prevention merits implementation now.”

In a world still scarred by the COVID-19 pandemic, Eby’s dogged success exposes a global scientific blind spot. It’s not that trendy science involving the latest AI wonders isn’t worthy of research dollars. It’s that it should not be funded at the expense of the sort of long-term, shoe-leather work that allowed Eby and her colleagues to solve the mystery of a deadly contagion, Vora and other public health experts say. “All of these actions are important if we want to save as many lives as possible from infectious diseases,” Vora added.

Novel infectious diseases will keep coming at us, Eby warns. Investing in scientific work like hers “seems like a poor approach now,” she said, “but 20 years from now, we’ll look back and wonder why we didn’t do it.”

Fresh out of college in the 1970s, Eby explored the wilds of Australia on a research fellowship, following the path a German naturalist had chronicled before he disappeared in 1848. Some parts were so remote that she had to hitch a ride on the tiny plane that delivered mail to park rangers. Eby, who grew up in Kansas, was awed by the diversity of the landscape and charmed by the openness of the people. When her fellowship ended, she decided Australia was home.

Eby was in her 30s when she came to love flying foxes. Her boss at the New South Wales National Parks and Wildlife Service asked her to figure out how bats spread fruit seeds in rainforests. She followed signals transmitted by radio collars on flying foxes and knocked on landowners’ doors to ask if she might, please, observe the bats feeding in their trees and collect droppings. She even tracked them from a single-engine Cessna, battling nausea as she discovered that the bats could migrate hundreds of miles, a fact that nobody knew at the time.

When she watches flying foxes hanging in repose, Eby’s breathing slows. It feels like meditation. “It changes my perspective so I feel less significant,” she explained. “I think that’s important for all of us to feel less significant in the world.”

Watch: This Scientist Tracked Bats for Decades and Solved a Mystery About a Deadly Disease

Ecologist Peggy Eby’s discovery underscores the time and shoe-leather research needed to prevent future pandemics.

She was working on her dissertation about the bats in 1994 when a novel virus struck a Brisbane suburb called Hendra. The trouble started when a pregnant racehorse named Drama Series became congested and feverish. A veterinarian gave her painkillers and antibiotics, but she died the next day. As horse after horse got sick, some thrashed in their stalls, unable to breathe. “It’s a horrible thing to see when they’re mutilating themselves,” the veterinarian, Dr. Peter Reid, recalled.

Then the horses’ trainer died. The outbreak had spread to humans.

For more than a decade, Hendra popped up sporadically. It killed another horse trainer and two veterinarians. A veterinary nurse became so ill that she had to learn to walk and talk again and never regained some of her hearing.

First image: Allan Mitchell and his partner, Vicki Kilborn. Second image: Mitchell’s horse Cody, confused after being infected with the Hendra virus, wandered into a dam and was trapped in the mud. Cody died the next day. Now, Mitchell and Kilborn ensure every horse they own is vaccinated for Hendra. Rachel Sullivan and her daughter Ziggy lost their horse, Willow, to Hendra. When Willow was sick and drooling, Ziggy put her hand in the horse’s mouth to feel for an obstruction. Sullivan was terrified her daughter would contract the virus, but she didn’t.

Scientists figured out that Hendra came from flying foxes, and it had to pass through horses before it could infect humans. Eby was aware of those discoveries but didn’t get pulled in until an unprecedented number of horses died in 2011. Nobody knew why so many were getting sick when Hendra had been rare in the past. Media helicopters rumbled over sites where horses died, and people who lived and worked near them panicked. A group of ecologists lobbied the government to add a bat expert to the team deployed to infection sites, a practice that wasn’t common then and still isn’t. The ecologists picked Eby.

Shortly after her 60th birthday, Eby began suiting up in PPE and heading to the scene every time a horse tested positive for Hendra. She soon noticed the bat roosts near these sites were new and small. Something strange was going on.

Around the same time, Dr. Raina Plowright, a professor of disease ecology at Cornell University, proposed working together. Plowright was an Australian who had emigrated in the opposite direction of Eby but had never lost interest in her homeland’s infectious diseases.

They agreed to tackle the mystery together. They applied for multiple grants and were shot down because their ambitions didn’t match the funding silos: Agencies that support human health don’t typically care about animal health, and those that back studies on the environment often aren’t interested in how it affects public health. In saying “no,” one animal foundation explained that its mandate didn’t extend to diseases that leaped to humans.

In 2012, Plowright received a small grant from the Australian government, but that was only for mathematical modeling and didn’t support fieldwork like Eby’s. By 2017, a National Science Foundation grant came through, but it wasn’t enough to cover all of the costs of catching and testing bats. The team spread itself thin. “It was headed to a burnout situation,” Plowright recalled.

First image: A baby flying fox, found malnourished, recovers at a wildlife rehabilitation center in Lismore. Second image: Lib Ruytenberg and Julie Marsh care for an injured flying fox at the center. Ruytenberg shares data on bat health with Eby.

Eby, meanwhile, tapped unusual sources to get data. She befriended beekeepers, who could tell her when and where key species of trees were flowering. This helped them track shortages of the bats’ favorite food: nectar from eucalyptus blossoms. She also asked workers at wildlife rehabilitation centers to keep logs about sick and injured bats that they cared for.

The team studied weather patterns and how the forest cover had changed. Eby contributed field records on the location, number and health of bat roosts. Altogether, their data spanned 25 years.

The team’s resourcefulness paid off. By 2017, the researchers figured out how and why Hendra was spilling over from bats:

(Illustrations by Katherine Lam)

In early 2017, the researchers determined that conditions were ripe for Hendra to leap from bats to horses and potentially to people. A drought, followed by too much rain, had led to a dire shortage of eucalyptus blossoms, and malnourished bats were turning up at wildlife rescue organizations. By then, there was a Hendra vaccine for horses, but few owners had opted for it. It was only a matter of time before a horse nibbled something tainted with the bats’ saliva or droppings.

Eby pushed past the fear that their prediction might be wrong. She and her colleagues published a bulletin that winter, warning veterinarians of an impending Hendra outbreak and their need to wear full protective gear near horses.

The team was right. Four horses on separate properties caught Hendra that season.

No humans got sick.

When the same pattern of weather and food shortages repeated in 2020, Eby and her colleagues were confident that it’d be a calamitous year. They sounded another warning that May, at the start of the Australian winter season: “Conditions predict heightened Hendra virus spillover risk in horses this winter: actions now can change outcomes.”

Later that month, one horse was infected and euthanized. The team braced itself for a wave of horse deaths. But then — nothing. No other Hendra cases were identified, and the outbreak that was supposed to happen just didn’t.

Somehow, they had gotten it wrong.

“We still felt confident in our understanding,” Eby recalled, “but we didn’t have the full story yet.” She ran through everything she knew about bats and Hendra, scouring for what they might have missed. There had, indeed, been a food shortage. So where were all the bats?

Eby was in COVID-19 lockdown in mid-July that year when she got stunning news. Gympie, a former gold-mining town near the east coast, had been less affected by the severe weather than expected, and a few patches of a type of eucalyptus known as the forest red gum were flowering en masse. Their slender branches teemed with fluffy white blooms. Eucalyptus trees don’t flower every winter; their blooms appear erratically. Some 240,000 flying foxes had flown in for the rare feast.

“I immediately knew,” Eby said. “This is what was different.”

Eby holds a branch of flowering eucalyptus. First image: Eby has gathered decades of data on flying foxes. Second image: Eby spends hours on the road visiting flying fox roosts and meeting conservationists to build a database that tracks reforestation projects.

Her collaborators, a field team from Griffith University, rushed to check roosts in areas where Hendra cases had previously struck. Many roosts were empty, the bats drawn away by the Gympie banquet.

Eby and Plowright had worked on this for a decade now, patching together four or five grants at a time to continue their research. Funders wanted results.

But they needed more data. They had to understand how this unexpected winter flowering in Gympie was affecting bats across eastern Australia. With the lockdown preventing Eby from examining the roost herself, she began to compile information on historic mass winter flowerings like this one.

One reason why it wasn’t initially obvious that the Gympie congregation was important was that the bats that had flocked to town were grey-headed flying foxes, not the black flying foxes that spread Hendra. Eby came to believe that a hierarchy of bat species governs which can claim the best food, and the behavior of one affects the other.

Flying foxes congregate in Tamworth.

The greys get dibs on the best food. When eucalyptus nectar is scarce, the greys eat what’s available, pushing the black flying foxes to scavenge for fruits in horse paddocks, their equivalent of junk food. But when the nectar is abundant, like it was in Gympie, the greys will depart for that fine dining opportunity, allowing the blacks to ditch the horse paddocks for better food that the greys leave behind. This draws the bats that carry Hendra away from horses and people.

In the end, what she concluded was astonishing: There had never been a spillover at the same time as a rich winter flowering.

“We said, this can’t be real, it’s too good,” Plowright said. “Those remnant patches of flowering were protecting the whole landscape.”

Patches of eucalyptus around a single town could protect all of eastern Australia. Imagine a few clusters of trees in New Jersey protecting the entire Eastern Seaboard.

(Illustrations by Katherine Lam)

The researchers could see how, between 1994 and 2006, consistent winter flowering was still taking place around the country. But as people cut down more and more trees, reducing the available habitat, winter flowering became unreliable and occasional, leading bats to search in horse paddocks for other sources of food.

Habitat destruction and deforestation has been linked to outbreaks of many notorious viruses, including Ebola, monkey malaria and the brain-invading Nipah virus. The discoveries of Eby and her colleagues show that we can learn all of the elements that lead to spillover — environmental, animal and human — in enough detail to design ways to predict and prevent the next outbreak.

Their discovery comes as the threat of Hendra increases. Deforestation has decimated the bats’ winter foraging habitats and shows no signs of stopping. Climate change likely will cause more extreme weather conditions, which will further disrupt the winter budding of eucalyptus, making food shortages more common.

Builders developing housing near Brisbane have cleared key species of native trees that provide food for flying foxes in the winter.

Eby and her colleagues see a new way forward: If the remaining patches of winter-flowering trees were preserved and more were planted, they could once again reliably draw the bats away from people and protect the entire country from Hendra virus for years to come.

Yet few government agencies and global health authorities are ready to invest in action that comes out of this hard-won discovery.

The Hendra team, in 2018, had managed to score a grant from a program under the U.S. government’s Defense Advanced Research Projects Agency that was unique in its scope and vision. Called Preventing Emerging Pathogenic Threats, or PREEMPT, it sought to understand the mechanisms of spillover with the goal of developing technologies to protect U.S. military forces deployed to disease-prone locations. But the program was a one-off and is ending after five years. DARPA says it is not its role to fund the solution Eby and her colleagues discovered.

“We are ready for the next hard problem,” said Kristen Jordan, the deputy director for the DARPA Biological Technologies Office. “There are many we need to address.”

Eby checks on a roost in the town of Uki.

Department of Defense officials asked Plowright whether the model that predicted Hendra could also predict the next coronavirus spillover in Southeast Asia.

Plowright recalls responding: “Well, you need data. And we have no data.” It’d be impossible to calculate that risk without replicating the years of wildlife tracking, environmental data gathering and number-crunching that the Hendra team conducted. “People just don’t get that.”

On a crisp afternoon last September in the city of Tamworth in New South Wales, Eby pulled into the parking lot of a Hungry Jack’s burger restaurant. She had heard reports of an enormous roost of flying foxes in town and hurried to get there. Eby couldn’t see any bats from where she had parked, but she didn’t need to. Her clear blue eyes lit up and she beamed. “Can you smell them?”

Alongside the aroma of cooking grease was a musky, sweet scent that announced the presence of bats. As Eby walked to the river, she could also hear their shrill chattering. Then, there they were, hanging upside down from every branch on every tree that lined the river, grooming themselves and resting before the evening’s forage. With their wings folded around them, the bats looked like tear-drop-shaped fruit. A week earlier, another researcher had flown a heat-seeking drone over the roost and estimated that the river in Tamworth was hosting about 300,000 bats — more than half of the grey-headed flying fox population in all of Australia.

Eby moved slowly so as not to startle the roosting animals. She raised her binoculars, tallying males and females, noting any that were pregnant and scanning for babies born out of season. The roost looked healthy. She was elated. The Tamworth bats confirmed that a single unusually abundant flowering of eucalyptus could provide a protective effect for the whole system. And sure enough, there were no Hendra virus cases in the winter of 2022.

A few years ago, Eby had thought it might be time to retire. She was nearing 70 and ready to take a break from the physical grind of fieldwork. But then came an unconventional funding opportunity she couldn’t pass up.

After thousands of bushfires burned an estimated 59 million acres in a single season that came to be known as the Black Summer, money poured in to help restore habitat for Australia’s iconic koala. Eby instantly recognized the chance to explore how planting eucalyptus affects flying foxes, which conveniently feed on nectar from many of the same trees preferred by koalas. “The bats are hanging onto the coattails of the koalas,” she said with a wry grin.

There wasn’t a universal data set tracking reforestation projects, so she set out to create one. Today, supported by money from various koala-focused projects, she drives across eastern Australia training koala conservationists to upload records of their tree-planting projects into a common database. She hopes that reforestation efforts will make winter flowering commonplace again and prove the case for preventing spillovers with habitat restoration.

Eby says that she believes preventing outbreaks is possible, and that the methods she and her colleagues have developed can be applied to other disease systems. “There was nothing remarkable about my work. It can be done again in other circumstances, it just takes the will,” she said. “It also takes an understanding that this is a long term quest.”

Even while she embarks on her new mission to prove the power of reforestation, she pauses to cheer the remnant patches of forest when they bloom.

As the sun set over Tamworth, she stood above the riverbank, her hair glowing silver under the light of a streetlamp. She watched as the bats set out into the darkening sky, their long wings beating the air as they soared from the trees and headed out to feed. Eby couldn’t see where they were headed but knew that nearby, eucalyptus trees were blooming, producing sweet nectar that would keep the country safe from a Hendra virus spillover. Smiling to herself, she murmured, “Isn’t it wonderful?”

Eby watches as flying foxes take flight for their evening meal in Tamworth.

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Graphics, design and development by Anna Donlan. Photo editing by Peter DiCampo. Illustrations by Katherine Lam.

by Caroline Chen; Photography by Kathleen Flynn for ProPublica

This Scientist Tracked Bats for Decades and Solved a Mystery About a Deadly Disease

2 years ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

Wildlife ecologist Peggy Eby fell in love with flying foxes when she moved to Australia from Kansas. She spent decades studying the bats’ movement and behavior. At times she worked without pay to answer questions she had about the fuzzy, fox-faced mammals.

Those bats turned out to be the carriers of the deadly Hendra virus, which can jump from bats to horses and then to humans. Eby began a quest to understand why and how the virus was making these leaps between species, known as spillover. She hoped to predict when the next infection would emerge. The decades of data Eby gathered as she followed her curiosity were key to cracking the mystery. So ProPublica decided to make a video about her.

Eby and her colleagues’ work shows that it’s possible to predict when spillover will happen. Doing so requires long-term research and funding to match. But ProPublica has found that public health authorities focus on responding to outbreaks already underway rather than trying to prevent them. Grants for developing treatments are easier to come by than for studies on spillover.

Eby says she hopes their findings will inspire more research into understanding what’s sparking outbreaks of other diseases like Ebola or Hendra’s equally deadly cousin, the Nipah virus: “Our response to COVID has made it pretty clear that vaccines aren’t going to be the answer, that while they are very important, while containment is very important, having a better idea of what’s causing the spillover in the first place can play an important role in preventing pandemics.”

by Kathleen Flynn for ProPublica and Caroline Chen

As Residential Care Homes Expand in Maine, Seniors Don’t Always Get the Care They Need

2 years ago

This article was produced for ProPublica’s Local Reporting Network in partnership with The Maine Monitor. Sign up for Dispatches to get stories like this one as soon as they are published.

In the mid-1990s, Maine’s lawmakers and health officials made a pivotal decision to reduce the state’s reliance on nursing homes, a move intended to redirect elderly residents toward“more homelike, less institutional” alternatives.

The policy change, enacted in 1993 amid a severe budget crunch, helped spark a dramatic transformation of the elder care system in Maine, where 21.7% of the population is 65 or older — the highest percentage in the country.

Between 1996 and 2022, the number of nursing home beds dropped by nearly 3,680, from a high of more than 10,000, sparing Maine the financial burden of subsidizing them. During the same period, the number of beds at what are known as residential care facilities almost doubled, jumping by more than 4,200. As a result, older Mainers and other residents with significant medical needs live in these homes. Residential care facilities in Maine resemble what are known generally as assisted living facilities.

Although the state considers residential care facilities to be “nonmedical institutions,” an investigation by The Maine Monitor and ProPublica found that these facilities are routinely called on to provide medical care to their residents — those suffering from advanced dementia or requiring medication management for conditions such as seizures and heart disease.

Maine’s standards for these facilities are more robust than those in some other states, long-term care advocates say. But given the significant shift of beds for seniors from nursing homes to residential care, advocates say that those regulations are inadequate and in urgent need of updating and tightening.

A review by the Monitor and ProPublica of state inspection records underscored concerns about how these facilities are regulated. State monitoring and investigation reports revealed that of the almost 700 violations issued from 2020 to 2022, roughly 200 involved “medications and treatments.” The analysis focused on citations at many of the state’s roughly 190 largest residential care facilities, called Level IV, which serve the largest number of people.

In May 2021, for instance, state inspectors found that one facility had administered morphine to the wrong resident. The mistake led to the resident being hospitalized and treated for a week in the intensive care unit.

Problems with medical care also showed up in other violation categories beyond the 200 related to medication and treatment. Another facility was cited with a resident’s rights violation in May 2022 for failing to get from the pharmacy a resident’s medication for cardiac issues, nicotine cessation, pain control and seizure activity for three days. The resident became agitated about not receiving the medications and went to the hospital at their family’s request over safety concerns.

These facilities “shouldn’t have it both ways,” said Eric Carlson, director of long-term services and support advocacy at Justice in Aging, a nonprofit legal advocacy group focused on ending poverty among seniors.

“You can’t on one hand say: ‘Oh, we’re an alternative to nursing facilities,’” and then when something bad happens say: “‘Well, we can’t be expected to have expertise on that stuff. We’re a social facility. We’re a nonmedical model,’” Carlson said.

While medical errors happen at even the most highly equipped facilities, Maine’s residential care facilities are not set up to handle the level of need they are currently seeing in residents, said Jess Maurer, executive director of Maine Council on Aging, a network of organizations focused on issues affecting the elderly. She said these facilities are grappling with the consequences of the state’s policy change.

“We’re pushing people with a higher level of need than should be in assisted living into assisted living facilities because there are no alternatives,” Maurer said.

According to a 2021 report by the Maine Health Care Association, which represents the state’s elder care facilities including nursing homes, the needs of residents in assisted housing, including residential care facilities, had increased 30% since 1998, and 47% of them suffered from dementia. By 2028, the number of Mainers over 65 is projected to increase about 45% over the decade prior. And 35,000 Mainers are projected to have Alzheimer’s in 2025.

The Maine Department of Health and Human Services, which oversees and licenses residential care facilities, declined to comment on the calls for tighter medical standards or on the violations cited by state inspectors.

But department spokesperson Jackie Farwell said the state is in the middle of a “major long-term care reform effort” aimed at filling the gaps in the state’s elder care system. Within the next fiscal year, the department’s statutory review of assisted housing programs is expected to “lead to the adoption of updated rules relating to the operation of” residential care facilities, among other things. She declined to elaborate whether the updated rules could include tighter medical standards.

Brenda Gallant, Maine’s long-term care ombudsman, who is empowered by the state to receive complaints from elder care residents and investigate their facilities, said the department’s effort could offer an opportunity to review the medical standards for residential care facilities.

“It is the right time to take a look at who we are serving and what regulatory changes need to be made based on resident need,” Gallant said.

Martin Hunt was a highly intelligent, meticulous man who enjoyed tinkering and creating all kinds of contraptions. He fashioned cup holders to his cane, assembled a guitar and built a wooden, collapsible rolling grocery cart. He designed 3D floor plans for a house on a piece of property that one of his sisters, Tania McIntyre, owns in Dedham, Maine.

McIntyre shares a photograph of her brother, Martin Hunt.

But McIntyre and her older sister, Melody Leavitt, witnessed Hunt’s dementia erode his mind since he suffered a stroke in 2020. As the 68-year-old’s condition worsened, they helped him move into Woodlands Senior Living of Brewer, 10 miles from Leavitt’s house.

Within a week, the sisters regretted the move, appalled by the quality of care that Hunt was receiving. For instance, he took about 20 medications every day for a number of ailments in addition to dementia — heart conditions, lung disease, hypertension, among others — and Woodlands’ employees made a mistake when administering them, according to the facility’s daily care notes. More broadly, the sisters worried that he was being overlooked, and that staff did not take his complaints about pain seriously.

A couple months after he moved in, Leavitt confronted Kathleen Olsen, the facility’s administrator, about the overall quality of care. She said she was floored when Olsen told her that Woodlands is not a medical facility.

Matthew Walters, one of the owners of the Woodlands Senior Living, which operates residential care facilities in nine communities throughout Maine, including the one in Brewer, told the news organizations that he had spoken with Olsen and that she did not recall her conversation with Leavitt. But Walters echoed her point: “She’s right. We’re not a medical facility. By definition, we’re a private nonmedical institution,” he told the Monitor and ProPublica.

Medical facilities, such as nursing homes, are required to provide daily nursing care for injured, disabled or sick people who can only be served in a nursing facility, whereas nonmedical facilities are only required to help residents coordinate and gain access to medical care, said Farwell, the DHHS spokesperson.

All this is why the sisters began exploring options for relocating Hunt not long after his move to Woodlands. Convinced that he needed a higher level of care, they set up an assessment for him — a step required by the state before moving to a nursing home.

To qualify, Hunt needed to be evaluated as either requiring frequent nursing or other skilled care for a long list of medical conditions or needed to score high on a points system to show that he had severe cognitive or behavioral problems.

On the day of Hunt’s assessment in late November, conducted via a 10-minute phone call with a registered nurse, Leavitt was there in his room, listening in as he answered the assessor’s questions: Did he need help getting dressed? (No.) Did he eat by himself? (He gave a snarky answer: “When the food is edible.”)

At one point during the call, Hunt put the phone on speaker and placed it on his bed. When he went to pick it up later, he grabbed the TV remote instead and held it to his ear. He continued to speak into it until Leavitt walked over and replaced it with the phone.

Leavitt said the moment felt like yet another example of Hunt’s steady decline. “It was disheartening,” she said. “You’re watching him losing his mind.”

But the assessor wasn’t in Hunt’s room to witness the scene and eventually determined that Hunt’s needs weren’t acute enough to qualify for a nursing home placement.

Three decades ago, the state tightened the requirement for qualifying for a nursing home placement. The policy change reflected the state’s philosophical shift away from nursing homes and toward options that allowed Mainers to “age in place” at home or in less institutionalized settings for as long as possible.

But it was also a financial decision, aimed at reducing nursing home costs, which are covered by a mix of state and federal funds under MaineCare, the state’s version of Medicaid; the costs had doubled over five years and were the single largest component in the state’s Medicaid budget.

The rising costs meant that the state “finally had to admit that we could no longer” sustain the number of nursing home beds it had, according to a 1994 state plan from the Bureau of Elder and Adult Services, an agency under what is now the Department of Health and Human Services.

But the policy change received immediate pushback. Legal Services for the Elderly, a nonprofit, filed a class-action lawsuit to challenge the medical eligibility requirement, which the plaintiffs said made them no longer qualify for a nursing home placement.

Among the plaintiffs were a 78-year-old woman who had a mild seizure disorder and rapidly worsening Alzheimer’s; a 99-year-old woman who was prone to falls, was legally blind and almost deaf and needed help with dressing, bathing, toileting and hygiene; and a 92-year-old man who needed a catheter and paid privately for nursing home services for years until his savings ran out, according to the coverage in the Bangor Daily News at the time.

The following year, the Maine Health Care Association also issued a critical report, highlighting how the policy change was pushing people with a higher level of medical needs into residential care facilities. The situation, it wrote, was putting the pressure on these facilities to provide more medical care.

“Many of Maine’s residential care facilities are moving quickly down that path, being driven by circumstance and department pressure to medicalize their services,” the association wrote.

Under pressure, the state eased the medical eligibility requirement in 1996, taking Alzheimer’s and other dementias more into consideration in determining whether an individual qualifies for a nursing home placement. In light of the changes, the class-action lawsuit was dropped.

Despite that change, experts told the Monitor and ProPublica that Maine’s medical eligibility requirement for nursing homes remained among the strictest in the country, and nursing home beds have continued to disappear since 1996.

Residential care facilities are subject to state regulations, established in 1998, that hold them to much lower minimum staffing, nursing and physician requirements than for nursing homes. Their direct-care workers are allowed to manage twice as many residents as they are in nursing homes. A registered nurse has to make a visit only once a week to residential care facilities with 40 beds or more and even less frequently to smaller ones, while nursing homes are required to hire a director of nursing and have one nurse stationed at all times. And there is no requirement that doctors visit residents at these facilities, while nursing homes are required to have a medical director and make sure that every resident is visited by a doctor every two months.

Regulations of assisted living facilities vary greatly across the country, and experts say it is difficult to compare across states. Some states don’t have specific minimum staffing requirements like Maine does, requiring only “staffing sufficient to meet the needs” of residents.

But just because Maine has minimum staffing requirements doesn’t mean the standards are sufficient; resident needs have increased since they were established 25 years ago, said Lori Smetanka, executive director of the National Consumer Voice for Quality Long-Term Care, a nonprofit that advocates for elder care residents.

“When you have people with increasing needs, you have to ensure that those needs are being met,” she said. “There needs to be government oversight of that because in too many cases the facilities are falling short and people are experiencing real harm.”

Travis Brennan, a Maine-based attorney who handles medical malpractice claims for Berman & Simmons, said medication mistakes can signal other problems — they may indicate that employees are being rushed, aren’t trained properly or are disregarding their foundational training.

“When you have a medication error, it is symptomatic of the fact that a provider is taking a shortcut,” Brennan said.

From 2020 to 2022, state inspectors issued 18 citations for missing doses and medications, seven citations for wrong doses and two citations for medications given to the wrong residents at Level IV residential facilities, a ProPublica-Monitor analysis shows.

In October, for instance, state inspectors cited one facility for failing to promptly stock one liter of oxygen for a resident who suffered from “acute respiratory failure.” It took the facility seven days after receiving a doctor’s order to contact a pharmacy.

Smetanka said the state can address this problem by enhancing the required training, improving quality-assurance procedures, establishing medication management as a focus for oversight and looking at the penalties when these facilities make mistakes.

“More needs to be done in terms of oversight and accountability for ensuring that these mistakes are minimized as much as possible,” Smetanka said. “A medication error can be deadly for a resident. It could have very serious consequences. So this is not something to be taken lightly.”

Paula Banks, a geriatric social worker who has been licensed in Maine for 30 years and runs a geriatric consulting and care management firm, said the current staff ratios are not stringent enough, particularly at the residential care facilities housing residents with cognitive problems. Under the state’s medical standards, one direct-care worker is allowed to manage 30 residents overnight, but she said that’s not reasonable when the residents suffer from dementia and may not know what time it is. “It’s impossible — those ratios,” she said.

Angela Cole Westhoff, president and CEO of the Maine Health Care Association, wouldn’t weigh in on tightening medical standards for residential care facilities, but she said that regulations should reflect the difference between nursing homes and residential care facilities, which she said “provide varying levels of care.”

Hunt’s sisters, Leavitt and McIntyre, are quick to acknowledge that Hunt, a divorced father of three sons whom he hasn’t seen for years, could sometimes be a difficult person to be around. And they suspect that this caused his needs to be overlooked by Woodlands’ employees.

First image: Leavitt looks through Hunt’s paperwork from his time at Woodlands. Second image: The facility in Brewer, 10 miles from Leavitt’s house.

The facility care notes detail numerous run-ins with the employees in which Hunt was described as aggressive, rude and insulting. He allegedly called the employees names and yelled at the cook. And he clashed with the employees over his medications.

The sisters said Hunt had long been in charge of his own medications and didn’t trust the employees to handle his prescriptions correctly. He would ask them what they were giving him and get frustrated when they wouldn’t explain. When he got worked up, Leavitt said, the employees would ask if he was refusing the medication.

“He was just stubborn enough. They’d say that, and he’d go, ‘Well, I guess I am,’” Leavitt said.

“He was a challenging person to have in your care. I’m not going to make any bones about it,” McIntyre said.

“That being said, it was their job to take care of him,” Leavitt added. “In my opinion, they really didn’t.”

In December, Hunt did have a scare when the employees gave him medication for anxiety and sleeping problems instead of a painkiller, according to the facility care notes. The employees wrote in the facility care notes that he did not have any reactions, but they called his doctors for “advisement.”

With the sisters’ permission, Walters, one of Woodlands’ owners, discussed Hunt’s experience in detail with the Monitor and ProPublica. He acknowledged the medication mix-up but said Woodlands’ care notes did not document Hunt’s worsening dementia or increasing complaints about back pain. He said there was no significant change in Hunt’s condition that would have alerted the employees to a possible medical emergency, up until the day he was rushed to the emergency room.

“There’s no red flag that occurs anywhere,” Walters said.

He also said the employees tried their best, despite Hunt’s temperament, to care for him.

The employees “worked very hard throughout the entirety of Mr. Hunt’s residency to help make each day the best day possible for him and showed great care, consideration and compassion towards him in the face of persistent challenging and abusive behaviors,” Walters said.

He echoed what other Maine long-term care advocates and experts said: That there are residents in residential care facilities today who would have been in nursing homes 20 years ago.

“That doesn’t mean that those people that are in a residential care facility now shouldn’t be here and should be in a nursing home,” Walters said. “In some cases, it’s just the opposite. Those people would have been in a nursing home, but they’re equally or better served in this setting.”

According to Hunt’s sisters, that winter, Hunt began complaining that his back pain was becoming markedly worse. Around supper time on a weekend night in February, Leavitt got a call from a Woodlands employee about Hunt: He had been found unresponsive on the floor of his room. He looked pale, his lips were blue and emergency responders couldn’t get him to squeeze their hand. He was rushed to a nearby hospital.

The sisters braced for the worst, fearing that Hunt had suffered a second stroke in four years. “I just thought this is going to be the end of him,” McIntyre said.

When McIntyre arrived at the hospital, she initially heard good news: Hunt’s doctors had ruled out the stroke. McIntyre said her reaction was a visible and audible sigh of relief.

But then Hunt was soon moved to the intensive care unit after his doctors found a kidney bleed — it was near a part of his back where the sisters said he had complained about dramatically worsening back pain in the weeks before he went to the ER.

Hunt’s doctors discussed surgery options for him, but the sisters feared that they wouldn’t succeed and he would end up with him on a ventilator — which they knew he wouldn’t want. They opted for comfort care instead.

That night, nurses unhooked his heart monitor and gave Hunt a pump of morphine. Leavitt remembered the stress immediately disappearing from his face. When he woke up, he was starving and asked for a cheeseburger, fries and a hot coffee. The three siblings had their best visit in months.

“You just had to wonder, was pain causing it all?” Leavitt said.

The next morning, as the sisters were walking back down the hospital hallway to visit him again, the doctor called and told them to hurry.

“We get in his room, and they said, ‘Martin, your sisters are here.’ And, within a couple of minutes, he took his last breath,” Leavitt said. “It’s like he waited for us or something.”

First image: Leavitt and McIntyre in Leavitt’s home. Second image: Leavitt holds a stone heart that was left as a tribute on Martin’s chest by the nurse when he died.

Leavitt, meanwhile, said she didn’t blame Woodlands for Hunt’s worsening dementia but held the facility responsible for not noticing the change in their brother’s dementia and pain levels that they say were obvious and for failing to take action to improve his care.

“If they’re going to allow people like my brother to be in their facility, they should be able to care for him,” Leavitt said. “That’s what our intent was: For him to be safe and be cared for when he needed help.”

Help Us Report on Assisted Living Facilities in Maine

Correction

May 22, 2023: This story originally referred imprecisely to a medication that residential care staff had incorrectly provided to Martin Hunt. He was given medication for anxiety and sleeping problems, not seizures.

by Rose Lundy, The Maine Monitor; Research by Mariam Elba; Photography by Tara Rice for ProPublica

He Became Convinced the School Board Was Pushing “Transgender Bullshit.” He Ended Up Arrested — and Emboldened.

2 years ago

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This story is part of a series that explores how school board meetings across the country are fomenting conflicts and controversies that have led to violence and arrests. Are you interested in a virtual event on this topic? Let us know here.

An image of a shooting target — with two bullet holes to the head and five scattered around the chest — serves as a warning to visitors who climb the brick steps and pass the American flag to reach Eric Jensen’s front door.

“If you can read this you’re in range,” the sign says. Another warning, posted near the doorbell, states: “No Solicitation. … This property charges $50 per minute to listen to any vaccine/medical advice.” He ordered that one in 2021, after mobile units offering COVID-19 vaccines began riding through his community outside Winston-Salem, North Carolina.

For years, Jensen had been looking for a way to voice his many grievances, related not just to masks and vaccines but to “transgender bullshit” and library books “trying to convert kids to gay” and other perceived dangers he says his five younger children face in the public school system. (The 65-year-old retiree has four other children who are adults.) Then he found a place where he could finally be heard.

“You gotta start from the bottom and work yourself up,” Jensen said, not long after he reluctantly opened his front door last November. “I mean, you can’t just go to your governors and try to make a difference. So you start at the bottom, and the bottom is school boards.”

He had intended to wage a campaign against the school board to bring about change. Instead, his efforts got him arrested.

At first he was hesitant to talk about what happened in the lead-up to the February 2022 incident. In the weeks after the arrest, he didn’t comment in any of the news stories that covered it.

Then, as the months wore on and his charges were dropped, he realized that standing up to authorities wasn’t going to lead to any sort of punishment: “I thought, ‘Holy shit, I didn’t have to go through a whole lot of aggravation there.’” He said that, walking away from the ordeal, he felt emboldened.

ProPublica identified 59 people arrested or charged over an 18-month period as a result of turmoil at school board meetings across the country. In the coming weeks, ProPublica will continue to publish stories about how that unrest has played out in various communities and upended once-staid school board meetings.

In the dozens of incidents ProPublica examined, some of which involved threats and violence, only one person who disrupted a meeting was given a jail sentence: a college student protesting in support of transgender rights. By contrast, almost all of the other individuals, including Jensen, railed against the adoption of mask mandates, the teaching of “divisive concepts” concerning racial inequality and the availability of books with LGBTQ+ themes in school libraries. Also like Jensen, the vast majority of people arrested or charged faced few consequences.

Jensen didn’t come up with the idea to target the school board on his own. He’d volunteered to help two women connected to the state chapter of a national group that was rapidly gaining followers through social media sites and YouTube channels promoting the convoluted QAnon conspiracy theory.

Jensen, a solid, gray-haired man with piercing blue eyes, retired about five years ago, though his wife still works as a custodian at the elementary school. He’d been a project manager for a metal building manufacturer that transferred him to North Carolina from Ohio. Prior to that, he and his family owned a campground for three decades.

He described how, several years ago, he made the decision to abandon mainstream media. He said it used to be that “I was always watching the news. But once I found out how much they lie, you have to get back into alternative media to find out the actual truth.” He said he has since become convinced that John F. Kennedy Jr. is alive, Hillary Clinton and Bill Gates are dead, and the COVID-19 vaccine is actually a “death shot.” Echoing a debunked claim, he explained his belief that the vaccine changes your DNA in a way that allows those who patented the modified genetic sequence to “own” you, which is part of an effort to kill people off and depopulate the planet. “I’ve seen it many times, where they’ve got plastic caskets lined up,” he said. “There must be a million of them sitting there in lots waiting for these people to die.”

In January of 2022, shortly after he became interested in what he saw as threats posed by school boards, he logged onto the messaging service Telegram. “I started putting feelers out, trying to find, you know, groups that were involved with it and see what they were doing,” he said.

A Telegram group called North Carolina Bonds for the Win seemed like the right fit. The national Bonds for the Win movement had been gaining steam, promoting its mission to force school districts to drop so-called unconstitutional practices including COVID-19 safety protocols and the distribution of alleged “obscene materials” to minors. To accomplish its goal, its followers would serve local school boards with reams of paperwork outlining an intent to sue their districts’ surety bond (or risk-management plan) providers. The movement, dubbed “paper terrorism” by the Southern Poverty Law Center and the Anti-Defamation League, aims to force school districts into “compliance” to avoid losing federal funding.

The Winston-Salem/Forsyth County school district was one of several North Carolina districts targeted by the Bonds for the Win movement in early 2022. (Matt Ramey for ProPublica)

The tactic was already being tested in North Carolina’s largest school district, where earlier that January a mother had crossed a security barrier to serve the Wake County school board with papers, warning, “You’ve violated your oath of office.” Another local report described how police turned off lights in an attempt to clear people out of an Iredell-Statesville school board meeting. The people yelled, “You’ve been served!” to the school board members and told police they wouldn’t leave unless they were arrested.

“And that’s when I found these ladies.” Jensen said of the two women leading efforts in his school district for North Carolina Bonds for the Win.

On Feb. 22, 2022, Jensen arrived at the lobby of the Winston-Salem/Forsyth County school board meeting and met the women, Deborah Tuttle and Regina Garner, face-to-face for the first time. They handed him a cardboard box of paperwork, which he understood to be “explanations about how they [district officials] were going to get sued against their bonds” for teaching critical race theory — an academic framework sometimes taught at the college level and above that examines U.S. history through the lens of racism — and allowing books containing “profanity” in schools. He also said the documents included proof that masks don’t work.

Tuttle and Garner did not respond to numerous requests for comment.

Just minutes into the meeting, the school board chairperson watched with curiosity and a dose of trepidation as a man with a huge box took a seat a few rows back. She texted the board members sitting next to her, alerting them to the man. They, too, wanted to know what was in the box.

“He was just staring at us, and we were a little worried for our safety,” chairperson Deanna Kaplan recalled.

Both Garner and Tuttle signed up to address the board during the public-comment period. Garner complained about the district’s failure to uphold the Constitution and accused school officials of practicing medicine without a license and violating child abuse laws. Then Tuttle stepped up. “There’s a lot more violations that she didn’t get to, but you can read those for yourself when we serve you your letters of intent,” she told the board.

As the women spoke, Kaplan grew more uneasy about the man with the box. “Then,” she said, “he started charging at us.”

As Jensen, clutching the box, neared the superintendent, school security officers grabbed him and pulled him out of the meeting room. In the adjacent hallway, he strained against the three men it took to hold him down.

“You work for me!” Jensen repeatedly yelled as security guards tried to shackle his wrists and ankles. His deep voice echoed from the hallway into the meeting room, where some attendees began screaming and board members sat in disbelief as they watched the mounting chaos.

As the board hastily called for an impromptu recess, one man yelled: “Commie cowards!”

“Commie bitch!” yelled another.

“If you walk out, you’re walking away from your job!” Tuttle yelled from the podium.

“There was somebody in the audience that was yelling, ‘The patriots are coming.’ I mean, it was just like a zoo. It was crazy,” Kaplan recalled. “The board members were concerned for our safety.”

Two months after his arrest, Jensen came to court prepared to represent himself on misdemeanor counts of trespass and resisting a public officer. He said he carried a folder with some notes he’d made and a printout of the Constitution. As the judge entered the courtroom, Jensen said, he proudly refused to comply with the order, “All rise.”

“That puts that judge above you,” Jensen later explained. “And that judge is not above you. He’s below you. Or she’s below you.”

Jensen said his refusal to stand angered the bailiff. He also said that before he could even open his folder of evidence, the judge dismissed his case.

Court records show Jensen received a voluntary dismissal. Prosecutors have not responded to requests for comment. A court clerk said that the slew of misdemeanor dismissals that day may have resulted from the court’s attempt to clear a pandemic backlog.

Regarding the judge and the courthouse staff, Jensen said: “I didn't allow them to boss me around.” As for the security guards who arrested him, he said he’s now considering filing assault charges against one of them “because he grabbed me and threw me down for no reason.”

He described how, overall, the experience left him feeling empowered, although he was disappointed that the movement that inspired his efforts had fizzled.

“The ladies that I was with, they pretty much dropped it,” he said, adding that their decision “kind of threw me, because they weren’t going to fight for it.” Garner ended up running for a seat on the school board, but she was unsuccessful.

Jensen did face one consequence: He said he was banned from school property for any purpose other than to pick up and drop off his children. “But that’s it,” he said. A spokesperson for the Winston-Salem Forsyth County school district confirmed the ban but declined to detail the terms of it, citing legal concerns. He said the bans typically last a year. “In general, the letters outline situations when principals can grant permission for the person to come on campus. They, however, must ask and be granted that permission by school administrators.”

Jensen admitted during the conversation in November that he hasn’t exactly complied with the ban: When he showed up for his youngest daughter’s elementary school graduation last spring, a neighbor called school security on him. But, he said, school officials let him stay. (The district spokesperson said Jensen was allowed to attend the graduation “in an effort to reduce stress and embarrassment for his student and on the condition that he maintained appropriate behavior.”) Jensen also said he’s not that worried about what would happen if he violated the ban again.

He’s since declined to speak further about his experiences or be photographed for this story.

“One of these days, I’m tempted to just walk in and allow them to throw me out or arrest me or whatever, because they have no right to do it,” Jensen said, not long before closing his door. “So we’ll see what shakes out if I do.”

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Mollie Simon contributed research.

by Nicole Carr

Hospitals in Two States Denied an Abortion to a Miscarrying Patient. Investigators Say They Broke Federal Law.

2 years ago

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Mylissa Farmer knew her fetus was dying inside of her. Her water broke less than 18 weeks into her pregnancy last August, and she was desperate for an abortion.

But according to federal documents, during three emergency room visits over two days in Missouri and Kansas, doctors repeatedly gave Farmer the same chilling message: Though there was virtually no chance her fetus would survive and the pregnancy was putting her at high risk for life-threatening complications, there was nothing they could do for her.

In the 11 months since the Supreme Court overturned Roe vs. Wade, similar stories have been reported in the 14 states where abortion bans have gone into effect. In Texas, five women are suing the state for denial of care, including one who went into septic shock and almost died.

Now, the Biden administration is employing one of the few tactics it has available to try to hold hospitals accountable for denying pregnant patients abortion care for high-risk conditions.

In April, a first-of-its-kind federal investigation found two hospitals involved in Farmer’s care were violating a federal law that requires hospitals to treat patients in emergency situations. If the hospitals do not demonstrate they can provide appropriate care to patients in Farmer’s situation, they stand to lose future access to crucial Medicare and Medicaid funding. Physicians who fail to treat patients like Farmer could incur fines, and patients may be able to sue for monetary damages, Farmer’s attorney, Alison Tanner, said.

The investigation, conducted by the Centers for Medicare and Medicaid Services, documented that both Freeman Health System in Joplin, Missouri and the University of Kansas Health System breached their internal policies for complying with the Emergency Medical Treatment and Labor Act, and that their protocols continue to place patients in “immediate jeopardy” of serious health risks, the highest level of violation.

Investigators concluded that future patients in similar situations could face “serious injury, harm, impairment or death.” The hospitals will remain under investigation while they come up with plans to ensure that patients in need of emergency abortion care are not turned away, federal officials said.

A “statement of deficiencies” from the investigation contains summaries of interviews with doctors, nurses and a risk manager involved in Farmer’s care. They reveal the extent to which health care providers went against their own medical judgment to comply with new state laws or political pressure. They also provide an on-the-ground view of how strict state abortion bans have altered care for patients with high-stakes pregnancy complications.

The agency did not disclose whether it is pursuing other investigations related to abortion denials. A spokesperson declined to share the number of complaints the agency has received related to denials of abortion care.

Health and Human Services Secretary Xavier Becerra has sent letters to all hospitals that participate in Medicare, warning them that federal law supersedes state abortion bans. The Department of Justice has also sued and won a case in an Idaho federal district court, arguing the state’s abortion law violates the Emergency Medical Treatment and Labor Act.

But experts say such efforts do not resolve the conflict. Last year, a Texas federal district court granted a preliminary injunction blocking Becerra’s guidance, siding with the Texas attorney general’s arguments that EMTALA does not cover abortions intended to prevent an emergency.

The court found “EMTALA creates obligations to stabilize both a pregnant woman and her unborn child, and it fails to resolve the tension when those duties conflict.”

Texas law, the court pointed out, allows abortion only in cases “when the medical condition is life-threatening” and the patient’s condition “pose[s] a serious risk of substantial impairment of a major bodily function.”

That’s a narrower range of circumstances than described in the federal government’s EMTALA guidance, which calls for offering abortion care “when the health of the pregnant woman is in serious jeopardy” or when her condition “could … result in a serious impairment or dysfunction of bodily functions or any bodily organ,” the court found. (The judge added italics for emphasis.)

“In addition to requiring a physical threat to life, [Texas law] requires both a greater likelihood and a greater severity than the Guidance’s interpretation of EMTALA does,” the judge wrote. As a result, EMTALA could not compel hospitals to offer abortions that would not be permitted under state law, the judge wrote.

Both cases are under appeal and may eventually make their way to the Supreme Court. In any case, it’s unclear how much impact federal enforcement can have. Though the hospitals who denied Farmer care have been reprimanded, neither has faced sanctions so far.

In a case where providing an abortion would violate state law and failing to provide one would violate federal law, doctors face a lopsided set of potential legal repercussions, said Mary Ziegler, a leading historian of the U.S. abortion debate. The possible penalties for violating EMTALA include fines. The consequences for violating state abortion bans could include prison time and loss of license.

“If [hospitals] interpret EMTALA in keeping with the Biden administration’s understanding of it, they could expose themselves to potentially very serious criminal charges,” Ziegler said. “The incentive structure will be that doctors don’t want to risk legal liability.”

Farmer was told by doctors in two states that she had to wait to get seriously ill before they could terminate the pregnancy that was putting her at risk. (Nathan Papes/Springfield News-Leader/USA Today Network)

Farmer, whose story was first reported by the Springfield News-Leader, was considered a high-risk patient from the beginning of her pregnancy, according to her doctors. She was 41, had a history of blood clots, an irregular heart beat, polycystic ovary syndrome, past abdominal surgeries and a past miscarriage.

She was nearly 18 weeks pregnant on Aug. 2, 2022, when she felt liquid gush from her vagina and began cramping and bleeding, according to the investigation.

Doctors at Freeman Health System, a Level II trauma center, quickly determined she had suffered previable prelabor rupture of membranes, known as PPROM — her water broke too early and she had lost her amniotic fluid.

PPROM occurs in about 3% of pregnancies. When it happens before viability, which is generally agreed to start at about 23 or 24 weeks, the chances of the fetus’s survival are extremely low because their lungs cannot develop without amniotic fluid. The chances of the pregnant patient developing a life-threatening infection are high.

The American College of Obstetricians and Gynecologists says the standard of care in these cases is to counsel patients on the risks and offer a choice between expectant management — waiting for the miscarriage to complete on its own or the patient to become sicker — or immediate delivery, by inducing labor or performing a dilation and evacuation surgery.

Being forced to wait can have dire outcomes. In Ireland, a woman with PPROM died from sepsis in 2012 after doctors refused her abortion care, prompting public outrage that eventually led abortion to be legalized in that country.

Anti-abortion activists say that state abortion bans include medical exceptions to allow abortions to protect the “life of the mother.” But in most laws, the exceptions are written so broadly they can be interpreted to only cover the most urgent emergencies, and doctors could face stiff penalties for violating the law — up to life in prison in Texas, for example. According to media reports, few patients have been able to access abortions under those exceptions.

PPROM cases where the fetus still has cardiac activity are particularly difficult for hospitals to navigate under the laws, because a patient’s health status can change from stable to life-threatening extremely quickly, said Dr. Chloe Zera, a maternal-fetal medicine specialist in Massachusetts. The laws do not clarify whether physicians can act to prevent an imminent health emergency instead of waiting for one to develop.

“There are [PPROM] cases that do OK. And there are cases where there is overwhelming infection or hemorrhage, or hysterectomy or ICU admission or death. And things can turn really fast,” Zera said. “We just don’t have great ways to predict who’s going to get sick.”

When a patient has PPROM at 18 weeks, she advises ending the pregnancy because the risks to the patient’s health outweigh the chances of the fetus reaching viability. If Farmer had walked into her hospital in Boston, where abortion access has been expanded since Roe was overturned, Zera said Farmer would have been able to have the procedure right away if she wanted.

That’s not what happened in Missouri or Kansas.

According to records, Farmer’s OB-GYN at Freeman Health System and a maternal-fetal medicine specialist described in detail the severe risks Farmer faced if she continued the pregnancy: clotting, sepsis, severe blood loss, loss of her uterus and death. At the doctors’ request, ProPublica is not naming them after they expressed concerns for their safety.

The maternal-fetal medicine specialist explained to Farmer that typical treatment options usually include abortion care, according to the documents. But when Farmer requested that labor be induced, the specialist told her it was not possible in Missouri.

“We discussed that the current Missouri law (188.015.7 RSMo) supercedes our medical judgement, and the MO law language states that we cannot intervene in the setting of a pregnancy with positive fetal heart motion unless there is a ‘medical emergency,’” the specialist wrote in Farmer’s charts, according to the investigation. “She is currently medically stable. … Therefore contrary to the most appropriate management based my medical opinion, due to the legal language of MO law, we are unable to offer induction of labor at this time.”

Missouri’s abortion ban is one of the strictest in the country. It bans all abortions, except those that are necessary to save a pregnant patient’s life. Even in those cases, doctors could still be charged with a crime. The exception is allowed as an affirmative defense, which puts the burden of proof on the doctor to show the abortion was necessary — similar to claiming self-defense in a homicide case.

The maternal-fetal medicine specialist told Farmer she could travel to another state for care or stay at the hospital for observation. “We discussed that awaiting a medical emergency may put her at further risk for maternal mortality,” the documents say. The specialist and the OB-GYN declined to comment, and the hospital’s media department did not respond to calls and text messages.

According to a complaint filed on Farmer’s behalf by the National Women’s Law Center, she called multiple hospitals, including two in Illinois and two in Kansas, both states where abortion is legal. She couldn’t get through to some of them. Other hospitals said they were not big enough to provide the care she needed or could only handle miscarriages later in pregnancy. She tried two abortion clinics, but could not reach anyone there. Finally, one hospital recommended she go to the University of Kansas Health System, in Kansas City, Kansas, which has the largest out-of-state emergency room nearest to Farmer. She and her boyfriend drove nearly three hours.

Mylissa Farmer and her boyfriend, Matthew McNeil, missed work and drove out of state in an effort to get her emergency abortion care. (Nathan Papes/Springfield News-Leader/USA Today Network)

In interviews with federal investigators, Farmer said that when she first arrived at the University of Kansas at 11:35 p.m., doctors confirmed she had no amniotic fluid left and discussed either inducing labor or providing a dilation and evacuation procedure. Farmer preferred to induce labor so she could hold her daughter, who she had named Maeve, but she told the doctors she would choose “whatever option to save my life.” An OB-GYN resident suggested that inducing labor would be easier to get past the hospital’s legal team, according to the documents. ProPublica is not naming the resident because the hospital expressed concerns for the person’s safety.

The resident returned and said: “Unfortunately, due to the political climate, it was too hot and heated right now,” Farmer told investigators. Earlier that same day, Kansans had voted on whether to protect their state’s constitutional right to abortion. To the hospital’s legal team, both procedures “resembled an abortion and it was too risky,” Farmer recalled the resident saying.

At the University of Kansas Health System, investigators spoke to a nurse, an OB-GYN resident and a maternal-fetal medicine specialist involved in Farmer’s care, as well as the chair of the OB-GYN department and a risk management coordinator. They all corroborated Farmer’s account and said they believed they were not allowed to provide an abortion until Farmer’s symptoms progressed or fetal cardiac activity ceased.

Unlike Missouri, Kansas does not have a sweeping abortion ban. Abortion remains legal up to 20 weeks, and on the day Farmer arrived at the hospital there, Kansans overwhelmingly voted to keep abortion rights in their state constitution.

But Republican lawmakers, guided by national anti-abortion groups, have worked for decades to chip away at abortion access in other ways. The hospital referred investigators to a statute from 1998 that specifically prohibits doctors at the University of Kansas from providing abortions except for in emergency situations.

Yet the statement of deficiencies points out that the University of Kansas Health System also has specific policies to advise physicians in emergencies, including guidance on how to care for patients with prelabor rupture of membranes.

That guidance warns that, after a patient’s water breaks, the risk of complications, including infections, hemorrhage, oxygen deprivation and death, increase with time. For PPROM before 23 or 24 weeks, it directs physicians to offer immediate delivery as an option and to make the decision taking into account “the patient’s wishes.”

And the hospital’s EMTALA policy states that the definition of an emergency medical condition is broad and is not limited to patients with traditional “urgent” conditions: “The phrase ‘immediate medical attention’ has been applied to situations in which the need for medical assessment and care was in a time frame of days rather than hours.”

Investigators also documented that less than two months earlier, a 40-year-old woman came to the same emergency room when her water broke at 15 weeks and received an abortion.

She was counseled on the same risks as Farmer. Her fetus still had cardiac activity and her condition had not yet progressed to an emergency. In fact, her condition was slightly more stable than Farmer’s: She was not yet bleeding and still had some amniotic fluid left. Yet the patient was offered and received abortion care.

Under EMTALA, the hospital had a duty to transfer her to another facility if it could not provide care. Nothing in Kansas law would have prevented the hospital from transferring her to another hospital that could provide abortion care.

But Farmer, the documents make clear, was not given any of those options. The investigation found that the doctors did not even take Farmer’s temperature or conduct a pain assessment, steps that are required under the hospital’s triage policies and a critical tool in evaluating whether her condition was worsening.

The doctors on the medical team, Farmer told investigators, “were very clear about making sure that she knew she had a very serious situation and that she needed care” but only advised her to monitor her symptoms and told her to go back to her hospital in Missouri to deal with further concerns.

Farmer felt “pretty much abandoned at that point, that there was nothing they could do, and that [she and her boyfriend] were on their own,” she told investigators. She worried about the cost of an abortion at an abortion clinic.

At 1:30 am, she was discharged.

Investigators also cited the hospital for a separate case: A 73-year-old man who arrived at the hospital’s emergency room in September and had an abnormal electrocardiogram was left in the waiting room for nearly 90 minutes without a medical screening examination, until staff realized he had died.

ProPublica sent the University of Kansas Health System detailed questions about the violations cited in the documents. Jill Chadwick, a spokesperson for the hospital, declined an interview. In a statement about Farmer’s case, Chadwick said: “The care provided to the patient was reviewed by the hospital and found to be in accordance with hospital policy. It met the standard of care based upon the facts known at the time, and complied with all applicable law.”

If Farmer’s treatment complied with hospital policy, the standard of care and the law, ProPublica asked, did that mean providing abortion care two months earlier to another patient with PPROM was a violation?

Chadwick said she could not provide further comment. In a later email, a spokesperson said “physicians can and do provide abortions” at the hospital “if there is an emergent need to save a patient’s life, or to prevent serious and irreversible harm to a patient’s major bodily function.”

Farmer returned to Missouri and, later that evening, went back to the emergency room of Freeman Health System for her pain. Again, doctors counseled her on all the risks of continuing her pregnancy. Again, they told her there was nothing they could do until fetal cardiac activity ceased or she got sicker. They gave her Tylenol and anti-anxiety medication.

“The patient’s medical record also indicated that the patient was exhibiting psychological distress associated with the situation and expressed that she perceived financial barriers to seeking further care on an outpatient basis,” investigators wrote. They also found that medical providers did not reexamine Farmer’s cervix to check how quickly she was progressing and whether she might soon go into labor.

According to her complaint, Farmer finally got connected with an abortion clinic in Illinois that agreed to provide the procedure as soon as possible because of the urgency of her condition. In the car on the way there, she began to experience contractions, but did not want to stop at any Missouri hospital for fear of being denied care again. Upon arrival, a physician performed surgery to end the pregnancy.

Because of their travel, both Farmer and her boyfriend missed work. She was docked a week’s pay and he lost his job. Her insurance refused to cover her care at the abortion clinic, according to her complaint. Afterward, she continued to experience pain and doctors told her she had likely developed an infection during the ordeal. Farmer has since had a tubal ligation to ensure she can never get pregnant again, and she has shared her story with multiple media outlets, alerting federal officials and others to her case and prompting investigations. (She declined through her lawyer to speak with ProPublica because of the trauma of reliving the experience.)

“It was dehumanizing. It was terrifying. It was horrible not to get the care to save your life,” she told The Associated Press. “I felt like I was responsible to do something, to say something, to not have this happen again to another woman. It was bad enough to be so powerless.”

How Does EMTALA Intersect With Abortion Law?

What is EMTALA? The Emergency Medical Treatment and Labor Act requires hospitals that receive federal funding to treat and stabilize anyone who presents at their emergency department, regardless of their ability to pay. If the hospital is not equipped to provide treatment, it is required to arrange a transfer to a hospital that is.

Hospitals cannot delay medical screening or stabilizing treatment for any reason.

How does EMTALA apply to abortion care? Some patients experience pregnancy complications that put them at high risk for rapidly developing a life-threatening emergency. Since state abortion bans went into effect, patients in some states have reported being denied abortion care until fetal cardiac activity stopped or they got sicker.

The federal government says that hospitals must provide abortions in these cases, even if that directly conflicts with interpretations of state laws that outlaw abortions.

What do state laws say? Abortion bans have gone into effect in 14 states. Though the language varies, most state abortion laws do include exceptions for medical emergencies. But doctors say the definitions of what constitutes a medical emergency are too narrow and do not encompass the range of complications that can arise during pregnancy and endanger a patient’s health. A doctor who provides abortion care risks prosecution and could face years in prison, fines and loss of their medical license.

This has caused some hospitals and physicians to interpret these laws in the strictest terms to mean that abortion care is not legal until fetal cardiac activity has ceased or the patient’s condition has progressed to an immediate emergency. In the 11 months since Roe was overturned, most state officials have not clarified that interpretation. In Texas, the attorney general has argued that the medical exceptions granted under the ban do not apply to abortions intended to prevent an emergency.

How can I file an EMTALA complaint? The process for investigating hospitals to determine if they are complying with EMTALA is “complaint driven,” a spokesperson with the Centers for Medicare and Medicaid Services said. Anyone can file an EMTALA complaint with their state’s survey agency, which will investigate the issue and, when appropriate, verify that corrective action is taken to ensure the hospital is in compliance.

Are You in a State That Banned Abortion? Tell Us How Changes in Medical Care Impact You.

by Kavitha Surana