CAN AVERAGE AMERICANS GET LOCAL JUSTICE?
Short history of Carla's accident dilemma up to September, 2000

Severely injured in an automobile accident near Alpine Junction February 23, 1990, Carla was taken by ambulance to St. Joseph's Hospital in Elmira, where after (4 1/2) months she was released into my custody and care. Initially, her mother visited on a regular basis and Carla made great progress. Her mother did a commendable job caring for her, and her presence catapulted Carla's awareness.

As time went on, her mother spent less and less time with Carla, and after about six months took her sisters advice to gain control of Carla and her accident settlement. Her attorney's put the legal machinery in motion, but their chicanery failed. In fairness to her mother, she wouldn't take a cent of Carla's money for herself but it proved to be a major issue with her. As with any grief stricken mother, she didn't need the additional pain inflicted on her by the selfishly motivated "bad" advice of sisters and lawyers, devoid of a conscience.

Unable for five years to settle Carla's accident lawsuit, it became necessary to make application to Surrogate Court for sole guardianship of her for a brief period of three months. That gave me time to file a Note of Issue with Supreme Court and prevent the insurance company from dismissing it for "lack of prosecution." This put me at a tremendous disadvantage to settle, but we had no choice because of interference by opposing lawyers concerned only with what they would get for themselves and to Hell with Carla. Shamefully, not long after an approved settlement and trust was put in place to assist with her future needs (those not covered by government agencies), the IRS, Social Security, and Medicaid attempted to attach it. I understand Mr. William B. Ogilvie, Esq., prevented that from happening. Had Carla received the care and benefits promised by governmental agencies, neither her mother or I would have resisted their taking it.

In March 1997, I had an ambulance take Carla to the hospital for what resulted in Gall Bladder removal. Previously, her care was given by her Mother, family, friends, volunteers, and myself. Before her release, I asked for a nurse to accompany us back home, and assist thereafter as needed. On March 18th, she arrived home, but without a nurse! My inquiries NOW revealed, a home evaluation must first take place and would take a week or two. Meanwhile an Attorney said, "if you repay $3,340.96 the County paid for Carla's supplies since her accident, you will get all the equipment, supplies, and nursing she needs, and you will be able to live a life of near normalcy." He sent a check on the 19th, and on the 24th, Carla was given home nursing, but when a Physical Therapist requested two more hours, they took away two. Now they begrudgingly give her four hours a day and wait patiently for me to collapse so she can be put in a nursing home.

When in my home December 18, 1998, a DOH supervisor did not answer when asked why it was cheaper to put Carla in a nursing home than increase her nursing hours, I reminded her that on earlier visits, she always told me to take care of myself because if anything ever happened to me, Carla would be put in a nursing home and it would be a horrible thing to do to her; she wouldn't last long. "Is that why it's cheaper", I asked? She responded with, "the County makes the rules..." Then I said, "I saw Mr. Flory on TV saying he cut over 53% from Medicaid and Welfare!" Kate, how can your father brag about taking from the poor, sick, and elderly?" At that, she resigned from Carla's case. Since, a Social Security representative said I probably saved the County over $700,000.00 caring for Carla, and he didn't know why they wouldn't consider that.

For nine years we endured numerous Hot line investigations but because the reports were favorable, they "backfired" on the caller, still they continued right up to her last Birthday, October 23rd, 1999. Knowing this, the County needs to be accountable for allowing it to continue unchecked, and the catalyst "Confidentiality Laws", has to be dealt with. Most people think payroll deductions entitle the misfortunate who suffers from a catastrophic event to receive the help they need, rather than having obstacles placed in their paths.

Absent the hostility and coaching that ensued after attorneys became involved, and the infusion of guilt and anger that exploded out of it, Carla's story may well have resulted in an entirely different and happier outcome. Greed and hardened hearts fatten the pockets of politicians and lawyers, but starve the innocent child of the love and care so desperately needed. In spite of this, Carla's excellent skin, hair, and other physical qualities make it appear as though she is just lying down resting, and if her eyes are closed, comfortably napping.
  Bob, father & primary caregiver   
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