St. Jude Children's Research Hospital promises not to bill families. But the cost of having a child at the hospital for cancer care leaves some families so strapped for money that parents share tips on spending nights in the parking lot.
This article was published on Friday, November 12, 2021 in ProPublica.
A series of sharp knocks on his driver's side window startled Jason Burt awake.
It was the middle of the night on a Saturday in 2016. Burt was sleeping in his pickup truck in the parking lot of St. Jude Children's Research Hospital in downtown Memphis, Tennessee, where his 5-year-old daughter was being treated for brain cancer. He'd driven more than 500 miles from his home in Central Texas to visit her.
A St. Jude security guard peered into the truck and asked Burt what he was doing. Burt explained that his daughter and her mother, his ex-girlfriend, were staying in the hospital's free patient housing. But St. Jude provides housing for only one parent. Burt, a school bus driver making $20,000 a year, told the guard he couldn't afford a hotel. The guard let the exhausted father go back to sleep.
St. Jude would do no more to find him a place to stay.
"They were aware of the situation," Burt said. "I didn't push anything. I was just grateful she was getting treated and I was doing what I needed to do."
St. Jude is the largest and most highly regarded healthcare charity in the country. Each year, the Memphis hospital's fundraisers send out hundreds of millions of letters, many with heart-wrenching photographs of children left bald from battling cancer. Celebrities like Jennifer Aniston and Sofia Vergara sing the hospital's praises in televised advertisements. This year, St. Jude's fundraising reached outer space. The SpaceX Inspiration4 mission in September included a former St. Jude patient as a crew member.
St. Jude's fundraiser mailings heavily rely on patients in the middle of cancer treatment.
Last year, St. Jude raised a record $2 billion. U.S. News & World Report ranked it the country's 10th-best children's cancer hospital, and St. Jude raised roughly as much as the nine hospitals ahead of it put together. It currently has $5.2 billion in reserves, a sum large enough to run the institution at current levels for the next four and a half years without a single additional donation.
St. Jude makes a unique promise as part of its fundraising: "Families never receive a bill from St. Jude for treatment, travel, housing or food — because all a family should worry about is helping their child live."
St. Jude's Raised More Money in 2019 Than the Rest of the Top 10 Children's Hospitals for Cancer — Combined.
But for many families, treatment at St. Jude does not relieve all the financial burdens they incur in getting care for their children, including housing, travel and food costs that fall outside the hospital's strict limits, a ProPublica investigation has found.
While families may not receive a bill from St. Jude, the hospital doesn't cover what's usually the biggest source of financial stress associated with childhood cancer: the loss of income as parents quit or take leave from jobs to be with their child during treatment. For many families, the consequence is missed payments for cars, utilities and cellphones. Others face eviction or foreclosure because they can't keep up with rent and mortgage payments.
Parents at St. Jude have exhausted savings and retirement accounts, borrowed from family and friends or asked other charities for aid. ProPublica identified more than 100 St. Jude families seeking financial help through the online fundraiser GoFundMe, with half of the campaigns started in the past two years. We counted scores of other events like concerts and yard sales organized to help St. Jude families in need.
One family relied on a mixed martial arts fighter to help raise money for expenses like car repairs and cellphone bills, items that St. Jude would not cover. Another spent $10,000, originally saved to purchase a home, on costs related to treatment at St. Jude.
Only about half of the $7.3 billion St. Jude has received in contributions in the past five fiscal years went to the hospital's research and caring for patients, according to its financial filings with the Internal Revenue Service. About 30% covered the cost of its fundraising operations, and the remaining 20%, or $1 of every $5 donated, increased its reserve fund.
Further, ProPublica found, a substantial portion of the cost for treatment is paid not by St. Jude but by families' private insurance or by Medicaid, the government insurance program for low-income families. About 90% of patients are insured, bringing in more than $100 million in reimbursements for treatment a year. If a family shows up at St. Jude without insurance, a company hired by the charity helps them find it. St. Jude does cover copays and deductibles, an unusual benefit.
St. Jude spends about $500 million a year on patient services — a figure that includes all medical care and other assistance. Very little of what St. Jude raises from the public goes to pay for food, travel and housing for families, the investigation found. Last year, it was 2% of the money raised, or nearly $40 million.
In written responses to ProPublica, lawyers for St. Jude and its fundraising arm, the American Lebanese Syrian Associated Charities, or ALSAC, emphasized that countless families have benefited from the charity provided since the hospital opened its doors in 1962.
"ProPublica should be celebrating St. Jude and ALSAC for their commitment to finding cures, saving children's lives, and optimizing patient outcomes," one of their letters said.
It is unquestioned that St. Jude has helped thousands of children and their families over the decades. Patients have offered scores of testimonials about the hospital's generosity and care.
"This often comes as a huge relief to families who often expect to sell all their belongings just so their children can get the medical care and treatment they need to save their lives," the hospital's lawyers wrote. "St. Jude and ALSAC understand that this arrangement cannot cover all financial obligations of all families, nor can St. Jude or ALSAC shield families from all the financial and emotional effects" of a child's illness.
St. Jude said it discloses the limits of its aid to families on its website and in material provided to those whose children are admitted to the hospital. That includes the rule Burt ran into, that the hospital covers the travel and housing costs of only one caregiver and one patient. For many families, the daily food budget is capped at $50. In some cases, hotel stays en route are provided only if families travel more than 500 miles to get to St. Jude.
St. Jude said its assistance is "based on guidelines to ensure fairness and responsible use of donor funds" and on remaining compliant with a federal anti-kickback statute that makes it a criminal offense to offer something of value to induce a medical referral. St. Jude declined to explain how the law affects the amount or type of financial assistance it provides to families.
"St. Jude has never promised anyone — neither patients nor the public in general — that it can solve all financial problems," the letter said.
When parents need additional financial help, St. Jude's social workers often send them to smaller charities or in some cases suggest that they apply for government aid.
They refer many to the Andrew McDonough B+ Foundation, which gives more than $2.5 million a year in grants to thousands of families of pediatric cancer patients at hospitals across the country to help cover rent, utilities and other urgent expenses.
Joe McDonough, the foundation's founder and president, said St. Jude families have the same money problems as families of patients at other children's hospitals, even though he said St. Jude's marketing creates the public perception that it alleviates these burdens.
"People say to me, 'Why are you helping St. Jude families?'" McDonough said. "Well, what happens when a family lives in Augusta, Georgia, and they're being treated at St. Jude? They still have to pay the rent on their apartment back in Augusta, Georgia. They still have to make their car payment. And it's not my position to say whether St. Jude should be paying for all those expenses or not. I'm just explaining that it's not a totally free ride."
The help St. Jude provides to families may soon be increasing.
After ProPublica provided St. Jude with the findings of its reporting, the hospital informed families of a dramatic expansion in the assistance it will give to parents and other relatives during their kids' treatment in Memphis.
Among the most significant changes are increasing travel benefits to two parents instead of one and covering regular trips to Memphis for siblings and other loved ones. St. Jude's letter to parents said the changes take effect Nov. 15.
That would've made a big difference for Burt.
Burt's daughter, whom ProPublica is not identifying at her mother's request, was originally diagnosed with cancer in early 2015, when doctors discovered a tumor pressing against her brain stem. She had successful emergency surgery to remove the mass at Dell Children's Medical Center in Austin, Texas. Medicaid and Dell Children's covered the bill, but the family was still faced with the cost of her ongoing treatment.
"At that point I'm thinking: 'What am I going to do? I guess I'm selling my house, whatever it takes,'" Burt recalled. "Honestly, that was probably a big deciding factor for St. Jude."
St. Jude accepted Burt's daughter into a clinical trial, and the family moved to the hospital's patient housing in Memphis for several months. Both parents stopped working for a time, and people in their hometown raised cash to pay their bills.
Her cancer relapsed the following year with several new, inoperable brain tumors. Burt and his daughter's mom broke up during that round of treatment, and financial problems piled up.
Burt said his credit score dropped so low that utility companies refused to set up service unless he first paid a deposit. One of the family's cars was repossessed, he said. Burt's 2005 Chevrolet Colorado pickup has 300,000 miles on it, many of them logged on trips from Texas to Memphis. When Burt's daughter was at St. Jude for treatment or exams, he'd work all week, then visit on many weekends where he would spend Saturday night sleeping in the hospital parking lot.
He asked hospital officials if he could sleep in St. Jude's housing, but they turned him down, he said.
Burt said he was happy with the care St. Jude provided. His daughter's health is stable, he said, and brain scans taken during her September exam confirmed her two remaining tumors haven't grown. But he's still trying to recover financially.
"It's five years now," Burt said, "and I'm not completely caught up yet."
A Fundraising Giant
St. Jude began with a fledgling entertainer praying for a career break.
When Danny Thomas, a comic and actor best known for the TV sitcom "Make Room for Daddy," was struggling to earn a living in the late 1930s, the devout Roman Catholic went to church and asked for help from the patron saint of desperate cases, St. Jude Thaddeus. If he made it big, Thomas promised to build "a shrine where the poor and the helpless and the hopeless may come for comfort and aid," according to a history published by ALSAC.
Within five years, Thomas became a star and worked to fulfill his promise by building a children's hospital named after St. Jude and a fundraising organization to support it. Thomas, whose parents were Lebanese immigrants, recruited others who shared his Middle Eastern roots to help.
He used his fame to raise the hospital's profile, appearing in ads for St. Jude and hosting fundraising events starring the likes of Elvis Presley and Sammy Davis Jr. Thomas' daughter Marlo, herself a TV star, succeeded him in championing St. Jude.
Today, St. Jude is a specialty treatment and research center with about 5,700 employees and 73 beds. Other top children's hospitals have more staff and beds, and they also treat more conditions.
Though St. Jude raises money across the world, most of its patients come from Tennessee and surrounding states. Patients from elsewhere are usually enrolled in clinical trials.
ALSAC, which handles St. Jude's fundraising and investments, has 2,188 employees in Memphis and in 36 regional offices across the country. More than 400 of the fundraising arm's employees are paid over $100,000, according to IRS filings. The charity takes in so much money each year that it regularly steers hundreds of millions of dollars in donations to reserve accounts, the filings show.
St. Jude's financial holdings, documented in the IRS disclosure filed by ALSAC, the hospital's fundraising arm, for fiscal year 2020.
Overall, St. Jude's reserve has grown by 58% over the past five fiscal years, during which it has added $1.9 billion to its investment accounts and shifted its portfolio toward financial products designed to generate bigger returns than stocks, bonds and mutual funds traditionally deliver. The charity stowed more than a third of the new surplus, $688 million, in riskier private equity investments.
IRS rules do not limit the size of a nonprofit's reserves, and experts on charitable finance differ on best practices.
St. Jude meets Better Business Bureau guidelines, which call for charities to maintain reserves of less than three times total expenses, but other experts expressed alarm that the hospital had accumulated such a large sum of money.
The size of the St. Jude reserve is "staggering," said Laura Otten, the director of LaSalle University's master program in nonprofit leadership. She said a typical reserve for a nonprofit the size of St. Jude is one to two years of expenses. Donors generally want to know their dollars are being put to work, she said.
The hospital said it needs a large reserve because its unique operating model relies on donations to fund annual operating costs. "[W]e are highly donor-dependent and subject to the economic driven vagaries of charitable giving," the hospital said in a written response to ProPublica questions.
But the hospital's reserve is already more than large enough to buffer against recessions and potential drops in donations, said Ge Bai, a professor of accounting and health policy at Johns Hopkins University. "They should be spending the money as aggressively as they raise it, but they seem to be hoarding," Bai said.
The hospital said it is also raising billions to fund the construction of new housing and research space, although its plans do not currently include spending any of the reserve on new facilities.
St. Jude's reserves have ballooned at a time when researchers, oncologists, advocates and families complain about a dearth of funding for pediatric cancer studies nationally.
Dozens of other children's hospitals across the country have research divisions devoted to pediatric cancer and enroll their patients in clinical trials for new drugs and procedures. They pay for research staff and studies in part with donations from their local communities, often competing directly against St. Jude. ALSAC has regional offices in several U.S. cities with elite pediatric cancer centers of their own, including Atlanta, Chicago, Denver and Seattle.
Coury Shadyac, an ALSAC vice president and daughter of the organization's CEO, Richard Shadyac Jr., oversees a team of 45 fundraisers along the West Coast "raising $300 million annually" for St. Jude, according to her LinkedIn profile. That's $100 million more in donations than either Children's Hospital Los Angeles or Seattle Children's Hospital, two of the nation's leading pediatric cancer institutions, received in fiscal year 2019, IRS disclosures show. But it's only a small part of St. Jude's fundraising haul.
ALSAC's ubiquitous fundraising has led to concerns that it undercuts other hospitals' campaigns. Some doctors interviewed by ProPublica said they have encouraged donors to give their money to hospitals closer to home.
David Clark, a pediatrician and former longtime chairperson of pediatrics at Albany Medical Center in New York, said St. Jude raises tens of thousands of dollars in his region that does little to benefit the children with cancer in his area since almost all are treated locally. ALSAC has a fundraising office located a few miles from Albany Medical.
"They think of every way they can to make money and the least amount of ways to spend it," Clark said. "They deceive people into supporting something that is totally dishonest."
St. Jude's fundraising appeals often cite the promise that families do not receive a bill from the hospital so that they can focus on helping their child live.
Nearly all St. Jude solicitations feature the hospital's patients — the children usually smiling and bald from treatment — along with the familiar promise that it never sends families a bill.
It's a message that ALSAC has tested and researched to maximize donations. Donors appreciate the promise to never bill families, said Mary Kate Tolan, an ALSAC executive, in a podcast last year. She added that no parent should have to take out a second mortgage or lose their job because their child is being treated at St. Jude.
Alternative messaging to the no-bills promise did not "perform as well," said Tolan, who develops emerging technologies for ALSAC. Tolan did not return requests for comment.
"Borrowing and Begging"
Catherine Rainey thought she would be free of financial worry when her 2-year-old daughter Harlee was admitted to St. Jude last year.
"The first thing my dad said was: 'Catherine, you have nothing to worry about. They raise billions of dollars. Anytime you have a problem, you tell them and they will take care of it,'" she said.
Catherine Rainey with her daughter Harlee, who has cancer, at their home in Appalachia, Virginia, in October. Harlee is being treated at St. Jude. Credit: Greg Kahn, special to ProPublica
But like many families, the Raineys discovered that St. Jude's charity came with limits on payments for expenses such as travel that could be bewildering.
Harlee ended up at St. Jude after first going to nearby Niswonger Children's Hospital in Johnson City, Tennessee, in October 2020. The doctors there discovered a cancerous mass attached to her right kidney. The hospital is a St. Jude affiliate, and the doctors recommended the toddler be treated in Memphis.
Rainey, a single mother of two young girls, had to leave her job as a nurse for months to be with Harlee at St. Jude. The loss of income quickly created problems. "My family, we don't come from money," she said. "We are not doctors and billionaires. We make it. That is it."
St. Jude did provide food and housing on campus. But the hospital said it couldn't help with the items that were causing Rainey to worry, including car payments, insurance and cellphone bills.
Rainey's boss set up a GoFundMe account to help make up some of her lost income. A small local charity, Kari's Heart Foundation, also helped out by paying about $3,000 worth of phone bills and car payments, staving off repossession.
"It was just a bunch of borrowing and begging," Rainey said of her experience while her daughter was treated in Memphis. "They acted like it was coming out of their own pocket."
Harlee has checkups at St. Jude every three months that last about four days. The costs of travel to and from St. Jude put an additional strain on Rainey and Harlee. St. Jude is an eight-hour ride, without stops, from Rainey's home in Appalachia, Virginia, a town of 1,432 people near the Kentucky border.
Rainey said her daughter generally can make it about two-thirds of the way, with frequent stops, before she has had enough. "When she is done, she is really done," Rainey said. "She will scream, cry and kick."
In July, in advance of an August trip to Memphis, Rainey called the patient services department at St. Jude to see whether they could help pay for a hotel to break up the travel day — an expense Rainey said she could not afford.
To qualify for a hotel reimbursement, Rainey said, St. Jude told her she had to live more than 500 miles from Memphis. The ride from her home to the hospital is 530 miles (a measurement ProPublica confirmed with mapping tools). However, Rainey said, St. Jude told her it measured the trip from city limit to city limit and came up with a distance of 491 miles. Even using that metric, the distance is still more than 500 miles, ProPublica found.
When she challenged the hospital's stance, Rainey said she was berated by a patient services representative.
"I was feeling pissed off, and I was crying," Rainey said of the interaction. "You give up your whole life for your child, and they tell you don't worry about anything, we will cover this and then they tell you to just push through the drive."
Rainey did what she could to make the trip go smoothly: She configured a small table to extend across her daughter's car seat, so Harlee could play with the coloring books, markers and Play-Doh bought for the ride. She packed snacks and a cooler full of drinks. Since Harlee was still potty training, she brought extra towels and clothes for accidents. The final step was handing Harlee her Baby Yoda doll once she settled into her car seat. Rainey had sewed a port in the doll's chest to mirror the one Harlee has in hers.
About three hours from Memphis, Harlee was crying inconsolably. Rainey pulled off the interstate and stopped at the first hotel she could find. She later learned it had been described in online reviews as "awful," a "nightmare," "disgusting" and "horrible."
"I didn't know the area," she said. "The hotel was garbage. It just made it worse."
The drive home also required a hotel stop, but this time Rainey was able to find one that was cleaner. A $100 donation from a local charity helped to offset the cost.
Among the changes St. Jude is making is to reimburse families like Rainey's, who live more than 400 miles from the hospital, for an overnight stay at a hotel when making the trip to Memphis.
Rainey said she was called by a St. Jude representative after ProPublica asked about her situation and was told the hospital would pay for her past hotel stays when traveling back and forth to St. Jude. The representative, Rainey said, also told her the hospital discovered the way it had been measuring mileage was inaccurate.
"I am not the only one," Rainey said. "There are others. They should reimburse all the families."
The anxiety of unpaid bills piling up, combined with caring for a child undergoing chemotherapy or radiation, takes a severe toll on parents and guardians, said Christopher Hope, a UPS driver who started a Memphis-based foundation after meeting St. Jude parents who were in financial crisis.
Hope's small charity spent $12,000 last year to help families. Parents in St. Jude social media groups often refer families in need to it. The charity has helped families cover mortgage and car payments.
"I never knew anything about this until hearing about it from families," Hope said. "All we hear is about kids and treatment, not the other side of it."
"It's Not Free"
In addition to charities like Hope's, St. Jude families have repeatedly turned to fundraising sites and networks of their relatives, friends and neighbors to help cover basic expenses while unable to work during their children's treatment. Parents' requests on fundraising sites are sometimes desperate pleas.
In January 2017, one father in North Carolina said he'd had to abandon a business venture to take time for his son to receive care at St. Jude. His income had plummeted. He asked friends to give as little as $10 to "at least make it possible to survive."
This year, a mother in Memphis whose 1-year-old son receives care at St. Jude for sickle cell disorder ran out of medical leave and couldn't work her shifts at a clothing distribution center. After the child had a flare up in July requiring several days of treatment at the hospital, she said she returned home to find her power shut off. Sitting in a dark apartment, unable to pay her utility bills, she set up a GoFundMe campaign. She received less than $20 through the site; her relatives eventually pooled $350 to get her electricity restored.
Even parents with stable jobs and private health insurance often take on debt and need outside help.
When Taylr and Treg Murphy's 17-year-old son Peyton was diagnosed with cancer and needed monthslong treatment at St. Jude in 2017, the entire family — mom, dad, sister and brother — went with him, traveling from their home in Lafayette, Louisiana, to Memphis. Treg took a leave from his job at an oil mining company and Taylr, who works at her mother's bakery, did the same.
"We knew that it was going to be a collective team effort," Treg said. "Without even a discussion, we figured that if Peyton's got to go for the surgery, we're all going."
Peyton had an enormous tumor that had grown out of his right femur and was crowding his knee. Rounds of chemotherapy appeared to have killed osteosarcoma cells elsewhere in his body. But he needed to undergo a procedure called limb-sparing surgery that would require weeks of recovery time at the hospital.
The hospital agreed to allow all five family members to stay for free at St. Jude if they bunked together in a single room. It assigned them a spot in Tri Delta Place, its hotel-like short-term patient residence on the campus. Tri Delta is set up for visits of up to seven days, according to the hospital's guide for volunteers, but the Murphys were there for almost 50.
Taylr said the unit at Tri Delta had no oven or stove and St. Jude provided no grocery money, instead allotting them a $50-per-day credit at the hospital cafeteria, Kay Kafe — not enough to feed the family of five. As the weeks wore on, the Murphys split grilled cheese sandwiches and paid for food out of pocket.
After ProPublica asked about the hospital's food allowances, St. Jude said it would increase them as part of the changes scheduled to go into effect this month. The hospital switched from a $50-a-day cap per family to providing $25 a day to each family member. For a family of four, that would double the food benefit. A weekly stipend given to families in long-term housing was increased to $150 from $125.
For the Murphys, it was the loss of their work income, more than out-of-pocket expenses, that put them into a financial hole as Peyton's treatment went on. Treg's employer couldn't pay him during his long absences.
Fearful of being evicted or having their car repossessed, Taylr said she asked a St. Jude social worker for assistance. The social worker helped her apply for grants from other charities. Taylr said the B+ Foundation paid their rent one month, which ensured they'd have a home to return to.
In the years since his initial treatment, Peyton has gone back to St. Jude repeatedly for exams and surgeries to remove malignant growths in his lungs. Taylr and Treg have missed more work to bring Peyton to Memphis, costing them thousands of dollars more in income.
By the start of this year, Taylr and Treg said they were about $20,000 in debt and panicking. Dustin Poirier, a former UFC champion from their hometown, heard from a friend about Peyton and the family's financial trouble. He donated $10,000 to them from his personal charity and in May hosted a local fundraiser that collected enough to pay off their credit cards.
St. Jude families sometimes commiserate about money problems with each other, Taylr said, but few are aware of the extent of the hospital's unspent resources. The Murphys said they didn't know St. Jude has more than $5 billion in reserve or that it continues to raise hundreds of millions of dollars in surplus donations each year.
St. Jude's Stashes Nearly a Quarter of Its Revenue Each Year.
"That's just insane," Taylr said. "That just blows my mind. When we first started getting treated, people would be like, 'Oh, St. Jude covers everything, that's awesome.' That's not how it works. People don't understand that. I truly didn't understand before I got into St. Jude."
Taylr and Treg said the doctors at St. Jude are "amazing" and they're grateful for their son's care. But they bristled at the assumption that it was covered by the hospital's charity. The family's insurance paid a substantial part of the bills.
"It's not free," Taylr said. "My husband works very hard for the insurance we have — and they are billed." The Murphys pay $12,000 in health insurance premiums each year.
Their struggle continues. Peyton's cancer has relapsed, and he's making regular trips with his mom or dad back to St. Jude for chemotherapy. The family is again applying for help from other charities.
Wiped Out Savings
The costs associated with care at St. Jude caused at least one family to stop going to Memphis altogether.
Last winter, Kelly Edwards was excitedly searching through Tulsa real estate listings after years of diligently saving $10,000 for a down payment on a house. She craved a permanent home for herself and the two young brothers she had taken in five years earlier at the behest of a family friend. She hoped to adopt the boys, now 13 and 9, who call her mom.
In February, the older boy, DJ, was lethargic and uninterested in his schoolwork. After several doctor visits, he was diagnosed with acute lymphoblastic leukemia at a Tulsa hospital. The cancer, referred to as ALL, is the most common type among children, with survival rates that exceed 90%. A day after his diagnosis, DJ and Edwards were driving six hours to Memphis for treatment at St. Jude, which is affiliated with the Oklahoma hospital.
The pair stayed for free at an independently operated Ronald McDonald House near St. Jude, and a weekly stipend from the hospital helped to pay for meals — aid that Edwards said was a blessing. DJ had health insurance through the Oklahoma Medicaid program.
But as with the Murphys, lost income soon put Edwards' family into financial jeopardy. She works as a supervisor for a company that delivers packages for Amazon. After she used up two weeks of paid time off, she stopped getting paychecks. The bills, however, kept coming: rent, car payments, utilities. To that was added the $250 a week she paid a friend to stay with DJ's younger brother and her two dogs in Tulsa.
Within four months, her house savings were wiped out. Edwards said she told her St. Jude social worker about her financial woes but got no additional help.
One of Edwards' adult daughters started a GoFundMe campaign to help, bringing in just over $3,000. Edwards said she appreciated the aid but believes donations were kept low by the widespread perception that St. Jude families don't have financial problems.
"Everyone hears that everything is taken care of by St. Jude," she said. "That is not true, but everyone has that mentality." She said someone she knew asked her "what is that money going for if St. Jude's is paying for everything?"
DJ was scheduled to go back to St. Jude for three weeks of treatment in August, but Edwards decided she simply couldn't afford it. "I don't have the money to go back and forth," she said. She worked with DJ's local doctors and found that the hospital near her home in Tulsa could provide the same treatment he was scheduled to get in Tennessee.
The local treatment allowed her to continue working some shifts and to be at home with both of her boys. DJ is also happier when he is home, Edwards said.
Edwards and the boys are now living in a small house her brother owns just outside Tulsa. Late on a recent weekday afternoon, DJ slowly shuffled into the living room, exhausted from a day of chemotherapy treatment.
He is in the midst of a 20-week regimen where he receives the cancer-killing drugs every other day, just one phase of a nearly three-year treatment plan. He wore an orange knit hat, T-shirt and shorts. He rubbed his eyes before asking a visitor, "How is your day going?" He smiled at the positive response. When he heard the family was eating steak for dinner, he eagerly jumped up to start helping in the kitchen.
After they moved in, Edwards hung family portraits on the walls to make it feel homier. She doesn't expect they will be moving again any time soon.
The dream of buying a home of their own is gone.
ProPublica is continuing to report on the finances, fundraising and operations of St. Jude Children's Research Hospital. Do you know something about this charity? Please reach out to journalists David Armstrong, who can be contacted by phone or Signal at 917-455-1713, or Ryan Gabrielson, who can be contacted by phone or Signal at 718-710-9494.
Former ProPublica reporter Marshall Allen contributed reporting. Kirsten Berg contributed research.
The United States' inability to curb a treatable sexually transmitted disease shows the failures of a cash-strapped public health system. Increasingly, newborns are paying the price.
This article was published on Monday, November 1, 2021 in ProPublica.
By Caroline Chen.
When Mai Yang is looking for a patient, she travels light. She dresses deliberately — not too formal, so she won't be mistaken for a police officer; not too casual, so people will look past her tiny 4-foot-10 stature and youthful face and trust her with sensitive health information. Always, she wears closed-toed shoes, "just in case I need to run."
Yang carries a stack of cards issued by the Centers for Disease Control and Prevention that show what happens when the Treponema pallidum bacteria invades a patient's body. There's a photo of an angry red sore on a penis. There's one of a tongue, marred by mucus-lined lesions. And there's one of a newborn baby, its belly, torso and thighs dotted in a rash, its mouth open, as if caught midcry.Bottom of Form
It was because of the prospect of one such baby that Yang found herself walking through a homeless encampment on a blazing July day in Huron, California, an hour's drive southwest of her office at the Fresno County Department of Public Health. She was looking for a pregnant woman named Angelica, whose visit to a community clinic had triggered a report to the health department's sexually transmitted disease program. Angelica had tested positive for syphilis. If she was not treated, her baby could end up like the one in the picture or worse — there was a 40% chance the baby would die.
Yang knew, though, that if she helped Angelica get treated with three weekly shots of penicillin at least 30 days before she gave birth, it was likely that the infection would be wiped out and her baby would be born without any symptoms at all. Every case of congenital syphilis, when a baby is born with the disease, is avoidable. Each is considered a "sentinel event," a warning that the public health system is failing.
The alarms are now clamoring. In the United States, more than 129,800 syphilis cases were recorded in 2019, double the case count of five years prior. In the same time period, cases of congenital syphilis quadrupled: 1,870 babies were born with the disease; 128 died. Case counts from 2020 are still being finalized, but the CDC has said that reported cases of congenital syphilis have already exceeded the prior year. Black, Hispanic and Native American babies are disproportionately at risk.
There was a time, not too long ago, when CDC officials thought they could eliminate the centuries-old scourge from the United States, for adults and babies. But the effort lost steam and cases soon crept up again. Syphilis is not an outlier. The United States goes through what former CDC director Dr. Tom Frieden calls "a deadly cycle of panic and neglect" in which emergencies propel officials to scramble and throw money at a problem — whether that's Ebola, Zika or COVID-19. Then, as fear ebbs, so does the attention and motivation to finish the task.
The last fraction of cases can be the hardest to solve, whether that's eradicating a bug or getting vaccines into arms, yet too often, that's exactly when political attention gets diverted to the next alarm. The result: The hardest to reach and most vulnerable populations are the ones left suffering, after everyone else looks away.
Yang first received Angelica's lab report on June 17. The address listed was a P.O. box, and the phone number belonged to her sister, who said Angelica was living in Huron. That was a piece of luck: Huron is tiny; the city spans just 1.6 square miles. On her first visit, a worker at the Alamo Motel said she knew Angelica and directed Yang to a nearby homeless encampment. Angelica wasn't there, so Yang returned a second time, bringing one of the health department nurses who could serve as an interpreter.
They made their way to the barren patch of land behind Huron Valley Foods, the local grocery store, where people took shelter in makeshift lean-tos composed of cardboard boxes, scrap wood and scavenged furniture, draped with sheets that served as ceilings and curtains. Yang stopped outside one of the structures, calling a greeting.
"Hi, I'm from the health department, I'm looking for Angelica."
The nurse echoed her in Spanish.
Angelica emerged, squinting in the sunlight. Yang couldn't tell if she was visibly pregnant yet, as her body was obscured by an oversized shirt. The two women were about the same age: Yang 26 and Angelica 27. Yang led her away from the tent, so they could speak privately. Angelica seemed reticent, surprised by the sudden appearance of the two health officers. "You're not in trouble," Yang said, before revealing the results of her blood test.
Angelica had never heard of syphilis.
"Have you been to prenatal care?"
Angelica shook her head. The local clinic had referred her to an obstetrician in Hanford, a 30-minute drive away. She had no car. She also mentioned that she didn't intend to raise her baby; her two oldest children lived with her mother, and this one likely would, too.
Yang pulled out the CDC cards, showing them to Angelica and asking if she had experienced any of the symptoms illustrated. No, Angelica said, her lips pursed with disgust.
"Right now you still feel healthy, but this bacteria is still in your body," Yang pressed. "You need to get the infection treated to prevent further health complications to yourself and your baby."
The community clinic was just across the street. "Can we walk you over to the clinic and make sure you get seen so we can get this taken care of?"
Angelica demurred. She said she hadn't showered for a week and wanted to wash up first. She said she'd go later.
Yang tried once more to extract a promise: "What time do you think you'll go?"
"Today, for sure."
Syphilis is called The Great Imitator: It can look like any number of diseases. In its first stage, the only evidence of infection is a painless sore at the bacteria's point of entry. Weeks later, as the bacteria multiplies, skin rashes bloom on the palms of the hands and bottoms of the feet. Other traits of this stage include fever, headaches, muscle aches, sore throat and fatigue. These symptoms eventually disappear and the patient progresses into the latent phase, which betrays no external signs. But if left untreated, after a decade or more, syphilis will reemerge in up to 30% of patients, capable of wreaking horror on a wide range of organ systems. Dr. Marion Sims, president of the American Medical Association in 1876, called it a "terrible scourge, which begins with lamb-like mildness and ends with lion-like rage that ruthlessly destroys everything in its way."
The corkscrew-shaped bacteria can infiltrate the nervous system at any stage of the infection. Yang is haunted by her memory of interviewing a young man whose dementia was so severe that he didn't know why he was in the hospital or how old he was. And regardless of symptoms or stage, the bacteria can penetrate the placenta to infect a fetus. Even in these cases the infection is unpredictable: Many babies are born with normal physical features, but others can have deformed bones or damaged brains, and they can struggle to hear, see or breathe.
From its earliest days, syphilis has been shrouded in stigma. The first recorded outbreak was in the late 15th century, when Charles VIII led the French army to invade Naples. Italian physicians described French soldiers covered with pustules, dying from a sexually transmitted disease. As the affliction spread, Italians called it the French Disease. The French blamed the Neopolitans. It was also called the German, Polish or Spanish disease, depending on which neighbor one wanted to blame. Even its name bears the taint of divine judgement: It comes from a 16th-century poem that tells of a shepherd, Syphilus, who offended the god Apollo and was punished with a hideous disease.
By 1937 in America, when former Surgeon General Thomas Parran wrote the book "Shadow on the Land," he estimated some 680,000 people were under treatment for syphilis; about 60,000 babies were being born annually with congenital syphilis. There was no cure, and the stigma was so strong that public health officials feared even properly documenting cases.
Thanks to Parran's ardent advocacy, Congress in 1938 passed the National Venereal Disease Control Act, which created grants for states to set up clinics and support testing and treatment. Other than a short-lived funding effort during World War I, this was the first coordinated federal push to respond to the disease.
Around the same time, the Public Health Service launched an effort to record the natural history of syphilis. Situated in Tuskegee, Alabama, the infamous study recruited 600 black men. By the early 1940s, penicillin became widely available and was found to be a reliable cure, but the treatment was withheld from the study participants. Outrage over the ethical violations would cast a stain across syphilis research for decades to come and fuel generations of mistrust in the medical system among Black Americans that continues to this day.
With the introduction of penicillin, cases began to plummet. Twice, the CDC has announced efforts to wipe out the disease — once in the 1960s and again in 1999.
In the latest effort, the CDC announced that the United States had "a unique opportunity to eliminate syphilis within its borders," thanks to historically low rates, with 80% of counties reporting zero cases. The concentration of cases in the South "identifies communities in which there is a fundamental failure of public health capacity," the agency noted, adding that elimination — which it defined as fewer than 1,000 cases a year — would "decrease one of our most glaring racial disparities in health."
Two years after the campaign began, cases started climbing, first among gay men and later, heterosexuals. Cases in women started accelerating in 2013, followed shortly by increasing numbers of babies born with syphilis.The reasons for failure are complex; people relaxed safer sex practices after the advent of potent HIV combination therapies, increased methamphetamine use drove riskier behavior and an explosion of online dating made it hard to track and test sexual partners, according to Dr. Ina Park, medical director of the California Prevention Training Center at the University of California San Francisco.
But federal and state public health efforts were hamstrung from the get-go. In 1999, the CDC said it would need about $35 million to $39 million in new federal funds annually for at least five years to eliminate syphilis. The agency got less than half of what it asked for, according to Jo Valentine, former program coordinator of the CDC's Syphilis Elimination Effort. As cases rose, the CDC modified its goals in 2006 from 0.4 primary and secondary syphilis cases per 100,000 in population to 2.2 cases per 100,000. By 2013, as elimination seemed less and less viable, the CDC changed its focus to ending congenital syphilis only.
Since then, funding has remained anemic. From 2015 to 2020, the CDC's budget for preventing sexually transmitted infections grew by 2.2%. Taking inflation into account, that's a 7.4% reduction in purchasing power. In the same period, cases of syphilis, gonorrhea and chlamydia — the three STDs that have federally funded control programs — increased by nearly 30%.
"We have a long history of nearly eradicating something, then changing our attention, and seeing a resurgence in numbers," said David Harvey, executive director of the National Coalition of STD Directors. "We have more congenital syphilis cases today in America than we ever had pediatric AIDS at the height of the AIDS epidemic. It's heartbreaking."
Adriane Casalotti, chief of government and public affairs at the National Association of County and City Health Officials, warns that the U.S. should not be surprised to see case counts continue to climb. "The bugs don't go away," she said. "They're just waiting for the next opportunity, when you're not paying attention."
Yang waited until the end of the day, then called the clinic to see if Angelica had gone for her shot. She had not. Yang would have to block off another half day to visit Huron again, but she had three dozen other cases to deal with.
States in the South and West have seen the highest syphilis rates in recent years. In 2017, 64 babies in Fresno County were born with syphilis at a rate of 440 babies per 100,000 live births — about 19 times the national rate. While the county had managed to lower case counts in the two years that followed, the pandemic threatened to unravel that progress, forcing STD staffers to do COVID-19 contact tracing, pausing field visits to find infected people and scaring patients from seeking care. Yang's colleague handled three cases of stillbirth in 2020; in each, the woman was never diagnosed with syphilis because she feared catching the coronavirus and skipped prenatal care.
Yang, whose caseload peaked at 70 during a COVID-19 surge, knew she would not be able handle them all as thoroughly as she'd like to. "When I was being mentored by another investigator, he said: 'You're not a superhero. You can't save everybody,'" she said. She prioritizes men who have sex with men, because there's a higher prevalence of syphilis in that population, and pregnant people, because of the horrific consequences for babies.
The job of a disease intervention specialist isn't for everyone: It means meeting patients whenever and wherever they are available — in the mop closet of a bus station, in a quiet parking lot — to inform them about the disease, to extract names of sex partners and to encourage treatment. Patients are often reluctant to talk. They can get belligerent, upset that "the government" has their personal information or shattered at the thought that a partner is likely cheating on them. Salaries typically start in the low $40,000s.
Jena Adams, Yang's supervisor, has eight investigators working on HIV and syphilis. In the middle of 2020, she lost two and replaced them only recently. "It's been exhausting," Adams said. She has only one specialist who is trained to take blood samples in the field, crucial for guaranteeing that the partners of those who test positive for syphilis also get tested. Adams wants to get phlebotomy training for the rest of her staff, but it's $2,000 per person. The department also doesn't have anyone who can administer penicillin injections in the field; that would have been key when Yang met Angelica. For a while, a nurse who worked in the tuberculosis program would ride along to give penicillin shots on a volunteer basis. Then he, too, left the health department.
Much of the resources in public health trickle down from the CDC, which distributes money to states, which then parcel it out to counties. The CDC gets its budget from Congress, which tells the agency, by line item, exactly how much money it can spend to fight a disease or virus, in an uncommonly specific manner not seen in many other agencies. The decisions are often politically driven and can be detached from actual health needs.
When the House and Senate appropriations committees meet to decide how much the CDC will get for each line item, they are barraged by lobbyists for individual disease interests. Stephanie Arnold Pang, senior director of policy and government relations at the National Coalition of STD Directors, can pick out the groups by sight: breast cancer wears pink, Alzheimer's goes in purple, multiple sclerosis comes in orange, HIV in red. STD prevention advocates, like herself, don a green ribbon, but they're far outnumbered.
And unlike diseases that might already be familiar to lawmakers, or have patient and family spokespeople who can tell their own powerful stories, syphilis doesn't have many willing poster children. "Congressmen don't wake up one day and say, 'Oh hey, there's congenital syphilis in my jurisdiction.' You have to raise awareness," Arnold Pang said. It can be hard jockeying for a meeting. "Some offices might say, 'I don't have time for you because we've just seen HIV.' ... Sometimes, it feels like you're talking into a void."
The consequences of the political nature of public health funding have become more obvious during the coronavirus pandemic. The 2014 Ebola epidemic was seen as a "global wakeup call" that the world wasn't prepared for a major pandemic, yet in 2018, the CDC scaled back its epidemic prevention work as money ran out. "If you've got to choose between Alzheimer's research and stopping an outbreak that may not happen? Stopping an outbreak that might not happen doesn't do well," said Frieden, the former CDC director. "The CDC needs to have more money and more flexible money. Otherwise, we're going to be in this situation long term."
In May 2021, President Joe Biden's administration announced it would set aside $7.4 billion over the next five years to hire and train public health workers, including $1.1 billion for more disease intervention specialists like Yang. Public health officials are thrilled to have the chance to expand their workforce, but some worry the time horizon may be too short. "We've seen this movie before, right?" Frieden said. "Everyone gets concerned when there's an outbreak, and when that outbreak stops, the headlines stop, and an economic downturn happens, the budget gets cut."
Fresno's STD clinic was shuttered in 2010 amid the Great Recession. Many others have vanished since the passage of the Affordable Care Act. Health leaders thought "by magically beefing up the primary care system, that we would do a better job of catching STIs and treating them," said Harvey, the executive director of the National Coalition of STD Directors. That hasn't worked out; people want access to anonymous services, and primary care doctors often don't have STDs top of mind. The coalition is lobbying Congress for funding to support STD clinical services, proposing a three-year demonstration project funded at $600 million.
It's one of Adams' dreams to see Fresno's STD clinic restored as it was. "You could come in for an HIV test and get other STDs checked," she said. "And if a patient is positive, you can give a first injection on the spot."
On Aug. 12, Yang set out for Huron again, speeding past groves of almond trees and fields of grapes in the department's white Chevy Cruze. She brought along a colleague, Jorge Sevilla, who had recently transferred to the STD program from COVID-19 contact tracing. Yang was anxious to find Angelica again. "She's probably in her second trimester now," she said.
They found her outside of a pale yellow house a few blocks from the homeless encampment; the owner was letting her stay in a shed tucked in the corner of the dirt yard. This time, it was evident that she was pregnant. Yang noted that Angelica was wearing a wig; hair loss is a symptom of syphilis.
"Do you remember me?" Yang asked.
Angelica nodded. She didn't seem surprised to see Yang again. (I came along, and Sevilla explained who I was and that I was writing about syphilis and the people affected by it. Angelica signed a release for me to report about her case, and she said she had no problem with me writing about her or even using her full name. ProPublica chose to only print her first name.)
"How are you doing? How's the baby?"
"Bien."
"So the last time we talked, we were going to have you go to United Healthcare Center to get treatment. Have you gone since?"
Angelica shook her head.
"We brought some gift cards..." Sevilla started in Spanish. The department uses them as incentives for completing injections. But Angelica was already shaking her head. The nearest Walmart was the next town over.
Yang turned to her partner. "Tell her: So the reason why we're coming out here again is because we really need her to go in for treatment. ... We really are concerned for the baby's health especially since she's had the infection for quite a while."
Yang and colleague Jorge Sevilla looking for Angelica, who sometimes stays in a shack in the yard behind this house.
Angelica listened while Sevilla interpreted, her eyes on the ground. Then she looked up. "Orita?" she asked. Right now?
"I'll walk with you," Yang offered. Angelica shook her head. "She said she wants to shower first before she goes over there," Sevilla said.
Yang made a face. "She said that to me last time." Yang offered to wait, but Angelica didn't want the health officers to linger by the house. She said she would meet them by the clinic in 15 minutes.
Yang was reluctant to let her go but again had no other option. She and Sevilla drove to the clinic, then stood on the corner of the parking lot, staring down the road.
Talk to the pediatricians, obstetricians and families on the front lines of the congenital syphilis surge and it becomes clear why Yang and others are trying so desperately to prevent cases. Dr. J. B. Cantey, associate professor in pediatrics at UT Health San Antonio, remembers a baby girl born at 25 weeks gestation who weighed a pound and a half. Syphilis had spread through her bones and lungs. She spent five months in the neonatal intensive care unit, breathing through a ventilator, and was still eating through a tube when she was discharged.
Then, there are the miscarriages, the stillbirths and the inconsolable parents. Dr. Irene Stafford, an associate professor and maternal-fetal medicine specialist at UT Health in Houston, cannot forget a patient who came in at 36 weeks for a routine checkup, pregnant with her first child. Stafford realized that there was no heartbeat. "She could see on my face that something was really wrong," Stafford recalled. She had to let the patient know that syphilis had killed her baby. "She was hysterical, just bawling," Stafford said. "I've seen people's families ripped apart and I've seen beautiful babies die." Fewer than 10% of patients who experience a stillbirth are tested for syphilis, suggesting that cases are underdiagnosed.
A Texas grandmother named Solidad Odunuga offers a glimpse into what the future could hold for Angelica's mother, who may wind up raising her baby.
In February of last year, Odunuga got a call from the Lyndon B. Johnson Hospital in Houston. A nurse told her that her daughter was about to give birth and that child protective services had been called. Odunuga had lost contact with her daughter, who struggled with homelessness and substance abuse. She arrived in time to see her grandson delivered, premature at 30 weeks old, weighing 2.7 pounds. He tested positive for syphilis.
When a child protective worker asked Odunuga to take custody of the infant, she felt a wave of dread. "I was in denial," she recalled. "I did not plan to be a mom again." The baby's medical problems were daunting: "Global developmental delays ... concerns for visual impairments ... high risk of cerebral palsy," read a note from the doctor at the time.
Still, Odunuga visited her grandson every day for three months, driving to the NICU from her job at the University of Houston. "I'd put him in my shirt to keep him warm and hold him there." She fell in love. She named him Emmanuel.
Once Emmanuel was discharged, Odunuga realized she had no choice but to quit her job. While Medicaid covered the costs of Emmanuel's treatment, it was on her to care for him. From infancy, Emmanuel's life has been a whirlwind of constant therapy. Today, at 20 months old, Odunuga brings him to physical, occupational, speech and developmental therapy, each a different appointment on a different day of the week.
Emmanuel has thrived beyond what his doctors predicted, toddling so fast that Odunuga can't look away for a minute and beaming as he waves his favorite toy phone. Yet he still suffers from gagging issues, which means Odunuga can't feed him any solid foods. Liquid gets into his lungs when he aspirates; it has led to pneumonia three times. Emmanuel has a special stroller that helps keep his head in a position that won't aggravate his persistent reflux, but Odunuga said she still has to pull over on the side of the road sometimes when she hears him projectile vomiting from the backseat.
The days are endless. Once she puts Emmanuel to bed, Odunuga starts planning the next day's appointments. "I've had to cry alone, scream out alone," she said. "Sometimes I wake up and think, Is this real? And then I hear him in the next room."
Putting aside the challenge of eliminating syphilis entirely, everyone agrees it's both doable and necessary to prevent newborn cases. "There was a crisis in perinatal HIV almost 30 years ago and people stood up and said this is not OK — it's not acceptable for babies to be born in that condition. ... [We] brought it down from 1,700 babies born each year with perinatal HIV to less than 40 per year today," said Virginia Bowen, an epidemiologist at the CDC. "Now here we are with a slightly different condition. We can also stand up and say, 'This is not acceptable.'" Belarus, Bermuda, Cuba, Malaysia, Thailand and Sri Lanka are among countries recognized by the World Health Organization for eliminating congenital syphilis.
Success starts with filling gaps across the healthcare system.
For almost a century, public health experts have advocated for testing pregnant patients more than once for syphilis in order to catch the infection. But policies nationwide still don't reflect this best practice. Six states have no prenatal screening requirement at all. Even in states that require three tests, public health officials say that many physicians aren't aware of the requirements. Stafford, the maternal-fetal medicine specialist in Houston, says she's tired of hearing her own peers in medicine tell her, "Oh, syphilis is a problem?"
It costs public health departments less than 25 cents a dose to buy penicillin, but for a private practice, it's more than $1,000, according to Park of the University of California San Francisco. "There's no incentive for a private physician to stock a dose that could expire before it's used, so they often don't have it. So a woman comes in, they say, 'We'll send you to the emergency department or health department to get it,' then [the patients] don't show up."
A vaccine would be invaluable for preventing spread among people at high risk for reinfection. But there is none. Scientists only recently figured out how to grow the bacteria in the lab, prompting grants from the National Institutes of Health to fund research into a vaccine. Dr. Justin Radolf, a researcher at the University of Connecticut School of Medicine, said he hopes his team will have a vaccine candidate by the end of its five-year grant. But it'll likely take years more to find a manufacturer and run human trials.
Public health agencies also need to recognize that many of the hurdles to getting pregnant people treated involve access to care, economic stability, safe housing and transportation. In Fresno, Adams has been working on ways her department can collaborate with mental health services. Recently, one of her disease intervention specialists managed to get a pregnant woman treated with penicillin shots and, at the patient's request, connected her with an addiction treatment center.
Gaining a patient's cooperation means seeing them as complex humans instead of just a case to solve. "There may be past traumas with the healthcare system," said Cynthia Deverson, project manager of the Houston Fetal Infant Morbidity Review. "There's the fear of being discovered if she's doing something illegal to survive. ... She may need to be in a certain place at a certain time so she can get something to eat, or maybe it's the only time of the day that's safe for her to sleep. They're not going to tell you that. Yes, they understand there's a problem, but it's not an immediate threat, maybe they don't feel bad yet, so obviously this is not urgent…"
"What helps to gain trust is consistency," she said. "Literally, it's seeing that [disease specialist] constantly, daily. ... The woman can see that you're not going to harm her, you're saying, 'I'm here at this time if you need me.'"
Yang stood outside the clinic, waiting for Angelica to show up, baking in the 90-degree heat. Her feelings ranged from irritation — Why didn't she just go? I'd have more energy for other cases — to an appreciation for the parts of Angelica's story that she didn't know — She's in survival mode. I need to be more patient.
Fifteen minutes ticked by, then 20.
"OK," Yang announced. "We're going back."
She asked Sevilla if he would be OK if they drove Angelica to the clinic; they technically weren't supposed to because of coronavirus precautions, but Yang wasn't sure she could convince Angelica to walk. Sevilla gave her the thumbs up.
When they pulled up, they saw Angelica sitting in the backyard, chatting with a friend. She now wore a fresh T-shirt and had shoes on her feet. Angelica sat silently in the back seat as Yang drove to the clinic. A few minutes later, they pulled up to the parking lot.
Finally, Yang thought. We got her here.
The clinic was packed with people waiting for COVID-19 tests and vaccinations. A worker there had previously told Yang that a walk-in would be fine, but a receptionist now said they were too busy to treat Angelica. She would have to return.
Yang felt a surge of frustration, sensing that her hard-fought opportunity was slipping away. She tried to talk to the nurse supervisor, but he wasn't available. She tried to leave the gift cards at the office to reward Angelica if she came, but the receptionist said she couldn't hold them. While Yang negotiated, Sevilla sat with Angelica in the car, waiting.
Finally, Yang accepted this was yet another thing she couldn't control.
She drove Angelica back to the yellow house. As they arrived, she tried once more to impress on her just how important it was to get treated, asking Sevilla to interpret. "We don't want it to get any more serious, because she can go blind, she could go deaf, she could lose her baby."
Angelica already had the door halfway open.
"So on a scale from one to 10, how important is this to get treated?" Yang asked.
"Ten," Angelica said. Yang reminded her of the appointment that afternoon. Then Angelica stepped out and returned to the dusty yard.
Yang lingered for a moment, watching Angelica go. Then she turned the car back onto the highway and set off toward Fresno, knowing, already, that she'd be back.
Postscript: A reporter visited Huron twice more in the months that followed, including once independently to try to interview Angelica, but she wasn't in town. Yang has visited Huron twice more as well — six times in total thus far. In October, a couple of men at the yellow house said Angelica was still in town, still pregnant. Yang and Sevilla spent an hour driving around, talking to residents, hoping to catch Angelica. But she was nowhere to be found.
In a decade-plus span McKinsey counted among its clients many of the country's biggest drug companies.
This article was published on Monday, October 4, 2021 in ProPublica.
Since 2008, McKinsey & Company has regularly advised the Food and Drug Administration's drug-regulation division, according to agency records. The consulting giant has had its hand in a range of important FDA projects, from revamping drug-approval processes to implementing new tools for monitoring the pharmaceutical industry.
During that same decade-plus span, as emerged in 2019, McKinsey counted among its clients many of the country's biggest drug companies — not least those responsible for making, distributing and selling the opioids that have ravaged communities across the United States, such as Purdue Pharma and Johnson & Johnson. At times, McKinsey consultants helped those drugmaker clients fend off costly FDA oversight — even as McKinsey colleagues assigned to the FDA were working to bolster the agency's regulation of the pharmaceutical market. In one instance, for example, McKinsey consultants helped Purdue and other opioid producers push the FDA to water down a proposed opioid-safety program. The opioid producer ultimately succeeded in weakening the program, even as overdose deaths mounted nationwide.
Yet McKinsey, which is famously secretive about its clientele, never disclosed its pharmaceutical company clients to the FDA, according to the agency. This year ProPublica submitted a Freedom of Information Act request to the FDA seeking records showing that McKensey had disclosed possible conflicts of interest to the agency's drug-regulation division as part of contracts spanning more than a decade and worth tens of millions of dollars. The agency responded recently that "after a diligent search of our files, we were unable to locate any records responsive to your request."
Federal procurement rules require U.S. government agencies to determine whether a contractor has any conflicts of interest. If serious enough, a conflict can disqualify the contractor from working on a given project. McKinsey's contracts with the FDA, which ProPublica obtained after filing a FOIA lawsuit, contained a standard provision obligating the firm to disclose to agency officials any possible organizational conflicts. One passage reads: "the Contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias."
Agency officials rely on disclosure to ensure that they have the information they need to consider whether a contractor's other business relationships risk slanting its judgment. "Contractors have the obligation to disclose potential conflicts, and then the government has an obligation to figure out how to deal with it," said Jessica Tillipman, an assistant dean and government procurement law expert at George Washington University Law School.
Asked for comment, McKinsey did not assert that it disclosed potential conflicts to the FDA. But a spokesperson for the firm, Neil Grace, nonetheless maintained that "across more than a decade of service to the FDA, we have been fully transparent that we serve pharmaceutical and medical device companies. McKinsey's work with the FDA helped improve the agency's effectiveness through organizational, resourcing, business process, operational, digital, and technology improvements. To achieve its mission, the government regularly seeks support from additional experts who understand both the government's mission and the industries' practices. We take seriously our commitment to avoid conflicts and to serve the best interests of the FDA." (McKinsey is a sponsor of ProPublica's local virtual events programming.)
McKinsey's failure to disclose its industry engagements deprived the FDA of the opportunity to consider whether, for example, the overlap between McKinsey's government and pharmaceutical industry projects and the potential financial incentives at play constituted a conflict, experts said.
"For a contractor like McKinsey not to disclose the companies it is working for has all the appeal of the Addams Family on Halloween hiding Uncle Fester in the basement so as not to scare the neighborhood," said Charles Tiefer, a professor of government contracting at the University of Baltimore Law School.
A spokesperson for the FDA did not respond to requests for comment.
McKinsey's extensive opioid company consulting eventually began coming to light, starting with a 2019 ProPublica report. The firm's opioid work has provoked widespread criticism, spawned a welter of lawsuits and led the firm to pay nearly $600 million this year to settle legal claims made by all 50 states, as well as five U.S. territories and the District of Columbia. It also prompted McKinsey to issue a statement in which the firm acknowledged that it "fell short" of its standards in advising opioid makers while also denying that it "sought to increase overdoses or misuse and worsen a public health crisis." The firm pledged not to work on opioid-related projects going forward.
The lawsuits and public outrage have focused on the consulting firm's efforts to help increase (or "turbocharge," in McKinsey's parlance) sales of Purdue Pharma's highly addictive flagship opioid, OxyContin. But lately, concerns have begun to emerge about McKinsey's parallel assignments, which were worth upward of $50 million over about 12 years, for the nation's primary drug regulator. In a letter to the FDA in August, a bipartisan group of senators led by Sen. Maggie Hassan, D-N.H., asked the regulator to address "potential conflicts of interest that may have arisen" from McKinsey's work for both the agency and "a wide range of actors in the opioid industry, including many of the companies that played a pivotal role in fueling the opioid epidemic that our country now faces."
McKinsey, which has focused on counseling the CEOs of leading corporations for much of its nearly 100-year history, began expanding its public-sector practice in the United States around the time of its earliest FDA projects. McKinsey prides itself on its ability to act quickly and with discretion, and in its largely unregulated engagements for corporate clients, there are few impediments to the firm doing so.
In government consulting, however, the rules are far more stringent, and on several recent occasions, the firm has been caught refusing to abide by such strictures, including disclosure rules. Over the past couple of years, for example, McKinsey's bankruptcy-advisory practice has paid more than $30 million to the Justice Department and one client's creditors to settle allegations that it failed to disclose potential conflicts, as required by the federal bankruptcy rules. Those allegations also prompted a federal criminal investigation of the firm. McKinsey has denied wrongdoing, and the investigation, which came to light in 2019, has not led to charges.
There are signs of overlap between McKinsey's government and industry engagements, though publicly available information about the firm's work for drug companies is limited. In one instance in 2008, which surfaced in a lawsuit against Purdue, the FDA told Purdue that it planned to require the company to submit a drug-safety plan for its bestselling drug, OxyContin. The company recognized that regulation of this sort threatened to cut into its sales margins, and according to McKinsey documents filed in federal court, top Purdue executives tasked the consultancy with devising a response to the FDA.
According to McKinsey PowerPoint slides, the firm proposed four options, among them suing the FDA to "delay" the imposition of a safety plan and to "band together" with other opioid producers to "formulate arguments to defend against strict treatment by the FDA." Purdue selected the latter, with McKinsey helping to implement the strategy. In 2009, McKinsey emails and slides show, its consultants prepared Purdue executives for at least two meetings with FDA officials. (One suggested answer to questions about who at Purdue would take personal responsibility for OxyContin overdoses: "We all feel responsible.")
In the meantime, according to a 2011 FDA contract, the agency's drug-regulation division hired McKinsey to develop a "new operating model" for the office responsible for developing drug-safety plans of the sort Purdue and its allies were fighting against, with the consultancy's help. Among McKinsey's tasks were defining the office's "strategic goals and objectives," including its "role in monitoring drug safety."
In 2012, the FDA issued a substantially watered-down version of the opioid-safety plan.
There's no evidence to suggest McKinsey's consultants at the FDA influenced the opioid-safety plan. But this apparent overlap between a government contract and an assignment for a commercial client reflects the type of issue an agency would want to consider when assessing whether a potential conflict of interest exists. Agencies are likeliest to identify a conflict "where an outside business venture is related directly to the subject matter of the procurement and structured such that there is a real economic incentive for biased performance," Keith Szeliga, a partner at the law firm Sheppard Mullin, wrote in a 2006 article in the Public Contract Law Journal.
A number of other McKinsey projects at the FDA, contracting records show, were also likely to have a financial impact on its pharmaceutical industry clients. In 2010, for example, the FDA hired the firm to help it develop a system to track and trace the distribution of potentially harmful prescription drugs. The contract required the firm to consult with "supply chain stakeholders," a category that potentially included a number of long-standing McKinsey clients. Hassan and her fellow senators, in their recent letter to the FDA, called this "an obvious conflict of interest."
Another contract, from 2014, tasked McKinsey with assessing the "strengths, limitations and appropriate use" of Sentinel, a system meant to monitor the safety of drugs once they're on the market. That project likewise called for McKinsey to interview "external stakeholders," including "industry organizations" and "drug and device industry leaders."
The news of McKinsey's opioid work apparently did little to dampen the FDA's enthusiasm for the consultancy. In March 2019, just after the news broke, the agency signed a new contract with McKinsey — extending the firm's multiyear effort to help the FDA "modernize" the process by which it regulates new drugs.
Ian MacDougall is a contributing reporter at ProPublica.
A congressional investigation prompted by ProPublica's reporting found Trump's "Mar-a-Lago crowd," wealthy civilians with no U.S. government or military experience.
This article was published on Monday, September 27, 2021 in ProPublica.
Former President Donald Trump empowered associates from his private club to pursue a plan for the VA to monetize patient data, according to documents newly released by congressional investigators.As ProPublica first reported in 2018, a trio based at Trump's Mar-a-Lago resort weighed in on policy and personnel decisions for the federal government's second-largest agency, despite lacking any experience in the U.S. government or military.
While previous reporting showed the trio had a hand in budgeting and contracting, their interest in turning patient data into a revenue stream was not previously known. The VA provides medical care to more than 9 million veterans at more than 1,000 facilities across the country.
"Patient data is, in my opinion, the most valuable assets [sic] the VA has," a consultant said in a June 2017 email released Monday by Democrats on the House Oversight Committee. "It can be leveraged into hundreds of millions in revenue" by selling access to major companies, he said.
The consultant, Terry Fadem, ran a private nonprofit for Bruce Moskowitz, a West Palm Beach, Florida, physician who was one of the three Trump associates given sweeping influence over the VA, known to officials as "the Mar-a-Lago crowd."
In response to Fadem's email, Moskowitz told then-VA Secretary David Shulkin that he had discussed the plan with interested companies including Johnson & Johnson, CVS and Apple. Shulkin replied that he liked the idea, according to the documents.
Senior officials scrambled to hire Fadem as a contractor, the emails show, but it's not clear whether his contract was awarded. "I am working on trying to understand why and where [h]is contract is stuck," Poonam Alaigh, then the agency's top health official, said in a June 2017 email. "I agree, having him on board as soon as possible will be critical."
The documents do not show what became of the plan or whether the VA ever sold access to patient data. Nor do the records include evidence that Moskowitz or the other Mar-a-Lago associates were in a position to profit personally.
A spokesman for the trio said as far as they know Fadem was not hired and the VA never acted on the licensing idea. "We were asked repeatedly by former Secretary Shulkin and his senior staff, as well as by the President, to assist the VA and that is what we sought to do, period," the three said in a statement.
Shulkin, Alaigh, Trump's office, the VA, Johnson & Johnson, CVS and Apple did not immediately respond to requests for comment. Fadem died in 2019.
The latest revelation helps complete the picture of the Mar-a-Lago triumvirate's extensive influence over Trump's agenda for veterans, a signature issue in his 2016 campaign. ProPublica's revelations about the men's day-to-day involvement prompted investigations by congressional committees and the Government Accountability Office, as well as a court challenge.
House Oversight Committee chairwoman Carolyn Maloney, D-N.Y., and House Veterans Affairs Committee chairman Mark Takano, D-Calif., said in a statement on Monday that the documents show "the secret role the trio played in developing VA initiatives and programs, including a 'hugely profitable' plan to monetize veterans' medical records."
"Ike Perlmutter, Marc Sherman, and Dr. Bruce Moskowitz, bolstered by their connection to President Trump's private Mar-a-Lago club, violated the law and sought to exert improper influence over government officials to further their own personal interests," the chairs said.
Perlmutter, Sherman and Moskowitz have previously said that they obtained no personal benefits, had no official role and exercised no formal authority.
But the newly released documents show that they did view themselves as an official advisory committee — and disregarded repeated warnings that they needed to comply with a Watergate-era transparency law.
"As the President asked, we can now formally create an official committee," Perlmutter, the group's leader and chairman of Marvel Entertainment, wrote in a February 2017 email after a meeting with Trump. Perlmutter is a Mar-a-Lago member and one of Trump's biggest political donors.
Perlmutter went so far as to rebuke White House staff for holding discussions without him.
"I am shocked and extremely disappointed with the manner in which you have engaged in individual communications with Apple — and intentionally excluded our broader team of subject matter experts," Perlmutter said in a March 2017 email to White House aides. "I understand that these backdoor discussions have apparently been occurring almost daily for weeks, and you have not told anyone and refuse to return phone calls and emails."
Official advisory committees are governed by the Federal Advisory Committee Act. The 1972 law, known as FACA, requires federal agencies to inform the public when they consult outside experts.
Administration officials repeatedly told the Mar-a-Lago trio that they would have to comply with the law. The law compels advisory committees to represent a range of views and disclose their activities to the public.
"It appears FACA may be implicated," a VA lawyer said in a January 2017 email that Shulkin shared with Moskowitz.
That April, White House aide Reed Cordish told Perlmutter directly, "You will need to form a FACA group."
But Perlmutter demurred, replying, "We have been advised that FACA does not apply because we are not a formal group in any way."
Instead, the group took efforts to conceal its activities, documents show. "We are still unsure what can be put in emails and what to discuss verbally," Moskowitz wrote to Shulkin in February 2017.
The group's spokesman maintained they weren't a formal committee and said complying with FACA was the agency's responsibility.
In March 2021, a federal appeals court in Washington held that a liberal veterans group could proceed with a lawsuit to enforce FACA's disclosure requirements around the Mar-a-Lago trio.
As the nation's hospitals fill and emergency rooms overflow with critically ill COVID-19 patients, the non-COVID-19 patients have become collateral damage.
This article was published on Wednesday, September 15, 2021 in ProPublica.
What first struck Nathaniel Osborn when he and his wife took their son, Seth, to the emergency room this summer was how packed the waiting room was for a Wednesday at 1 p.m.
The Florida hospital's emergency room was so crowded there weren't enough chairs for the family to all sit as they waited. And waited.
Hours passed and 12-year-old Seth's condition worsened, his body quivering from the pain shooting across his lower belly. Osborn said his wife asked why it was taking so long to be seen. A nurse rolled her eyes and muttered, "COVID."
Seth was finally diagnosed with appendicitis more than six hours after arriving at Cleveland Clinic Martin Health North Hospital in late July. Around midnight, he was taken by ambulance to a sister hospital about a half-hour away that was better equipped to perform pediatric emergency surgery, his father said.
But by the time the doctor operated in the early morning hours, Seth's appendix had burst — a potentially fatal complication.
As the nation's hospitals fill and emergency rooms overflow with critically ill COVID-19 patients, it is the non-COVID-19 patients, like Seth, who have become collateral damage. They, too, need emergency care, but the sheer number of COVID-19 cases is crowding them out. Treatment has often been delayed as ERs scramble to find a bed that may be hundreds of miles away.
Some health officials now worry about looming ethical decisions. Last week, Idaho activated a "crisis standard of care," which one official described as a "last resort." It allows overwhelmed hospitals to ration care, including "in rare cases, ventilator (breathing machines) or intensive care unit (ICU) beds may need to be used for those who are most likely to survive, while patients who are not likely to survive may not be able to receive one," the state's website said.
The federal government's latest data shows Alabama is at 100% of its intensive care unit capacity, with Texas, Georgia, Mississippi and Arkansas at more than 90% ICU capacity. Florida is just under 90%.
It's the COVID-19 cases that are dominating. In Georgia, 62% of the ICU beds are now filled with just COVID-19 patients. In Texas, the percentage is nearly half.
To have so many ICU beds pressed into service for a single diagnosis is "unheard of," said Dr. Hasan Kakli, an emergency room physician at Bellville Medical Center in Bellville, Texas, about an hour from Houston. "It's approaching apocalyptic."
In Texas, state data released Monday showed there were only 319 adult and 104 pediatric staffed ICU beds available across a state of 29 million people.
Hospitals need to hold some ICU beds for other patients, such as those recovering from major surgery or other critical conditions such as stroke, trauma or heart failure.
"This is not just a COVID issue," said Dr. Normaliz Rodriguez, pediatric emergency physician at Johns Hopkins All Children's Hospital in St. Petersburg, Florida. "This is an everyone issue."
While the latest hospital crisis echoes previous pandemic spikes, there are troubling differences this time around.
Before, localized COVID-19 hot spots led to bed shortages, but there were usually hospitals in the region not as affected that could accept a transfer.
Now, as the highly contagious delta variant envelops swaths of low-vaccination states all at once, it becomes harder to find nearby hospitals that are not slammed.
"Wait times can now be measured in days," said Darrell Pile, CEO of the SouthEast Texas Regional Advisory Council, which helps coordinate patient transfers across a 25-county region.
Recently, Dr. Cedric Dark, a Houston emergency physician and assistant professor of emergency medicine at Baylor College of Medicine, said he saw a critically ill COVID-19 patient waiting in the emergency room for an ICU bed to open. The doctor worked eight hours, went home and came in the next day. The patient was still waiting.
Holding a seriously ill patient in an emergency room while waiting for an in-patient bed to open is known as boarding. The longer the wait, the more dangerous it can be for the patient, studies have found.
Not only do patients ultimately end up staying in the hospital or the ICU longer, some research suggests that long waits for a bed will worsen their condition and may increase the risk of in-hospital death.
That's what happened last month in Texas.
On Aug. 21, around 11:30 a.m., Michelle Puget took her adult son, Daniel Wilkinson, to the Bellville Medical Center's emergency room as a pain in his abdomen became unbearable. "Mama," he said, "take me to the hospital."
Wilkinson, a 46-year-old decorated Army veteran who did two tours of duty in Afghanistan, was ushered into an exam room about half an hour later. Kakli, the emergency room physician there, diagnosed gallstone pancreatitis, a serious but treatable condition that required a specialist to perform a surgical procedure and an ICU bed.
In other times, the transfer to a larger facility would be easy. But soon Kakli found himself on a frantic, six-hour quest to find a bed for his patient. Not only did he call hospitals across Texas, but he also tried Kansas, Missouri, Oklahoma and Colorado.
It was like throwing darts at a map and hoping to get lucky, he told ProPublica. But no one could or would take the transfer.
By 2:30 p.m., Wilkinson's condition was deteriorating. Kakli told Puget to come back to the hospital. "I have to tell you," she said he told her, "Your son is a very, very sick man. If he doesn't get this procedure he will die." She began to weep.
Two hours later, Wilkinson's blood pressure was dropping, signaling his organs were failing, she said.
Kakli went on Facebook and posted an all-caps plea to physician groups around the nation: "GETTING REJECTED BY ALL HOSPITALS IN TEXAS DUE TO NO ICU BEDS. PLEASE HELP. MESSAGE ME IF YOU HAVE A BED. PATIENT IS IN ER NOW. I AM THE ER DOC. WILL FLY ANYWHERE."
The doctor tried Michael E. DeBakey VA Medical Center in Houston for a second time. This time he found a bed.
Around 7 p.m., Wilkinson, still conscious but in grave condition, was flown by helicopter to the hospital. He was put in a medically induced coma. Through the night and into the next morning, medical teams worked to stabilize him enough to perform the procedure. They could not.
Doctors told his family the internal damage was catastrophic. "We made the decision we had to let him go," Puget said.
Time of death: 1:37 p.m. Aug. 22 — 26 hours after he first arrived in the emergency room.
The story was first reported by CBS News. Kakli told ProPublica last week he still sometimes does the math in his head: It should have been 40 minutes from diagnosis in Bellville to transfer to the ICU in Houston. "If he had 40 minutes to wait instead of six hours, I strongly believe he would have had a different outcome."
Another difference with the latest surge is how it's affecting children.
Last year, schools were closed, and children were more protected because they were mostly isolated at home. In fact, children's hospitals were often so empty during previous spikes they opened beds to adult patients.
Now, families are out more. Schools have reopened, some with mask mandates, some without. Vaccines are not yet available to those under 12. Suddenly the numbers of hospitalized children are on the rise, setting up the same type of competition for resources between young COVID-19 patients and those with other illnesses such as new onset diabetes, trauma, pneumonia or appendicitis.
Dr. Rafael Santiago, a pediatric emergency physician in Central Florida, said at Lakeland Regional Health Medical Center, the average number of children coming into the emergency room is around 130 per day. During the lockdown last spring, that number dropped to 33. Last month — "the busiest month ever" — the average daily number of children in the emergency room was 160.
Pediatric transfers are not yet as fraught as adult ones, Santiago said, but it does take more calls than it once did to secure a bed.
Seth Osborn, the 12-year-old whose appendix burst after a long wait, spent five days and four nights in the hospital as doctors pumped his body full of antibiotics to stave off infection from the rupture. The typical hospitalization for a routine appendectomy is about 24 hours.
The initial hospital bill for the stay came to more than $48,000, Nathaniel Osborn said. Although insurance paid for most of it, he said the family still borrowed against its house to cover the more than $5,000 in out-of-pocket costs so far.
While the hospital system where Seth was treated declined to comment about his case because of patient privacy laws, it did email a statement about the strain the pandemic is creating.
"Since July 2021, we have seen a tremendous spike in COVID-19 patients needing care and hospitalization. In mid-August, we saw the highest number of patients hospitalized with COVID-19 across the Cleveland Clinic Florida region, a total of 395 COVID-19 patients in four hospitals. Those hospitals have approximately 1,000 total beds," the email to ProPublica said. "We strongly encourage vaccination. Approximately 90% of our patients hospitalized due to COVID-19 are unvaccinated."
On Sunday, The Washington Post reported that a hospital in Alabama called 43 others across three states before finding a bed for Ray DeMonia, a critically ill heart patient who later died. In his obituary his family wrote: "In honor of Ray, please get vaccinated if you have not, in an effort to free up resources for non COVID related emergencies. ... He would not want any other family to go through what his did."
Today, Seth is mostly recovered. "Twelve-year-old boys bounce back," his father said. Still, the experience has left Nathaniel Osborn shaken.
The high school history teacher said he likes to stay upbeat and apolitical in his social media musings, posting about Florida wildlife preservation and favorite books. But on Sept. 7, he tweeted: "My 12-year-old had appendicitis. The ER was overwhelmed with unvaccinated COVID patients and we had to wait 6+ hours. While waiting, his appendix ruptured and had to spend 5 days in hospital. ... So yeah, your decision to not vaccinate does affect others."
It was retweeted 34,700 times, with 143,000 likes. Most comments were sympathetic and wished his child a speedy recovery. Some, though, went straight to hate, apparently triggered by his last line. He was attacked personally and accused of making up the story: "Good try with the guilt, jerk."
Osborn, who is vaccinated, as are his wife and son, told ProPublica he only shared Seth's story on Twitter to encourage vaccinations.
"I have no ill will towards the hospitals or the care received at either hospital," he said this week, "but had these hospitals not been so crowded with COVID patients, we wouldn't have had to wait so long and perhaps my son's appendix would not have burst."
When the coronavirus first swept across Florida last year, Angela Gambrel did everything she could to lock down her home in Sumter County, northeast of Tampa.
Her 10-year-old grandson Jayden has a rare brain disease that disrupts his immune system and impairs his memory, making it harder for him to process complex tasks. His doctors urged her to take every possible precaution against the virus. No more supermarket runs. No more football scrimmages with his Special Olympics team.
Jayden's school, like others across the state, halted in-person instruction, distributing worksheets to students to complete at home. The only time Jayden was around other people was when he had bloodwork done or underwent his monthly treatment about an hour away at Tampa General Hospital.
When schools reopened last fall, Gambrel, who's been Jayden's guardian since he was a toddler, kept him and his brother home, unwilling to risk exposing Jayden to a virus the world was just beginning to understand.
But without the intensive in-person instruction that he had been receiving for years, Jayden struggled, unable to keep up with his coursework.
Watching him languish, Gambrel knew he needed to go back to school as soon as it was safe, and so she was relieved to hear last month that the Centers for Disease Control and Prevention was advising school districts to have students and teachers mask and socially distance and to vaccinate staff. Jayden, she thought, could finally go back to school in person.
But a few days later, her plans were scuttled by Florida Gov. Ron DeSantis, a Republican, who imposed a statewide ban on mask mandates in schools. Without assurances that all the students in Jayden's school would be masked, Gambrel decided she could not take the risk of sending him back to the classroom.
"If they could just require masks, then these boys could have a life," Gambrel said.
As children have begun returning to classes this month in many parts of the country, the delta variant has dashed hopes of restoring something approaching normal life, upending school reopening plans everywhere and reigniting bitter fights over masking and other public health precautions.
For families whose children are too young to be eligible for vaccinations, the delta surge has once again left many parents weighing the risks of in-person learning, especially in states that are bucking federal recommendations to impose universal masking in schools. Some families have reluctantly shifted back to virtual instruction. Others have pulled their children out of the public school system altogether, opting for home-schooling.
But for families like the Gambrels, the stakes are exponentially higher. Children like Jayden, with complex health conditions, often are among those most in need of direct, specialized instruction that can only be delivered in person. Those same health conditions can also put children like Jayden at higher risk of infection and illness.
Nationwide, about 7.3 million students have significant disabilities that impact their education. About 15% of these students receive special education services for health conditions that limit their ability to learn, which include common conditions like diabetes, asthma or epilepsy, as well as rare disorders.
COVID-19, of course, is a new disease and researchers are a long way from fully understanding how it affects people with underlying medical conditions, especially children, who in the first waves were less likely to be sickened by the coronavirus. But the CDC says the "evidence suggests that children with medical complexity, with genetic, neurologic, metabolic conditions, or with congenital heart disease can be at increased risk for severe illness from COVID-19."
Chronic diseases affect millions of children nationwide. For example, more than 6 million kids suffer from asthma, over 200,000 live with Type 1 diabetes and more than 14 million are obese.
For medically vulnerable children, schoolwide masking is essential to allow them to safely return to school, health experts say. And being forced to stay at home while other students are able to learn in person could run counter to federal education law, which prohibits children like Jayden from being unnecessarily isolated because of their disabilities.
"All people with disabilities should receive services in the most integrated setting appropriate," said Ron Hager, managing attorney for education and employment at the National Disability Rights Network. "If not for the mask mandate, these kids could be educated in the most integrated setting."
With infections surging among children just as they are returning to classes, the fight over mask mandates is intensifying. Parents and civil rights groups have launched legal challenges against mandates in several states. Administrators in some school districts are ignoring state bans and imposing universal masking. And in Washington, President Biden has decried the politicization of public health measures like masking and directed his administration to ensure that state officials are taking the necessary steps for students to safely return to the classroom.
"We are not going to sit by as governors try to block and intimidate educators protecting our children," Biden said last week at a White House news conference.
Four years ago, Jayden entered first grade as an energetic 6-year-old who loved learning so much that he assigned himself extra homework after school. Soon after, he began to have episodes of extreme agitation, crawling on the floor and even hallucinating. When he stopped eating and sleeping, he was hospitalized; doctors diagnosed him with autoimmune encephalitis, a rare disease in which his own immune system attacks healthy brain cells and tissues.
The effects have been profound. His memory is impaired. His cognition has slowed. His behavior has turned erratic. "In the blink of an eye, he can go from being calm to all of a sudden he's destroying the house," said his grandmother.
"The warrior soldiers in your body," Gambrel said, recounting how she explained the disease to her grandson, "their job is to protect your body and fight off germs and ickies, but your warrior soldiers are crazy, they attack the good guys."
When Jayden returned to school after his diagnosis, Gambrel met with the administration to create a formal plan, known as an Individualized Education Program or IEP. Not only was Jayden learning at a slower pace, he also required one-on-one assistance throughout the day. Jayden started to improve, particularly after he began a new treatment of intravenous immunotherapy. He retained information better and engaged more with other kids.
But when the pandemic shut down schools, Jayden and his 9-year-old brother, Eli, who has autism, were thrust into a bubble of isolation to keep Jayden safe. "He misses kids, he misses people," she said, but "a lot of people were dying, and he didn't want it to be him."
The district, which serves about 9,000 students, gave Gambrel three options: in-person schooling, a remote live classroom or a full virtual program where children could learn at their own pace. Worried about COVID-19 as well as Jayden's limited attention span, Gambrel opted for the full virtual program, which used curriculum and software from Florida Virtual School, a statewide online education provider.
Gambrel understood that her grandsons would not have the one-on-one support required in their IEPs, but she did not expect the year to be the "nightmare" she experienced. Though online instructors graded worksheets and tests and could troubleshoot technology issues, they did not provide direct instruction and were difficult to track down for help with lessons, she said. The teaching fell on Gambrel, 56, who also worked from home as a medical billing administrator.
The pace of the online curriculum also moved too quickly for her grandsons. Gambrel said she felt that her family had been abandoned.
"It just becomes overwhelming, and they shut down and want no part of it," she said. "We were falling so far behind that we pretty much had to give up."
Hailey Fitch, a spokesperson for Florida Virtual School, said that its "courses are designed to offer students the flexibility to move at their own pace, but teachers play a critical role in ensuring the success of students."
Gambrel knew that her grandsons needed to be in school learning from an experienced teacher, and when she saw the federal guidance recommending that students wear masks and socially distance this fall, she believed the precautions would allow her boys to return to school.
Pediatricians and virus experts have backed the federal guidance, especially on masking in the classroom. Dr. Lawrence Kleinman, a professor of pediatrics at Rutgers Robert Wood Johnson Medical School in New Jersey, said that until vaccines are authorized for young children, masking is the most effective preventive measure.
"In a world in which children are not vaccinated and the virus is circulating in the community, both teachers and kids as well as staff need to be masked," he said. "From the very beginning we began this with a myth: that the virus spared kids. That myth has infected our thinking even as we've learned that it's not true."
But Gambrel's plan to send her grandsons back to school changed when DeSantis announced that no Florida school district would be permitted to mandate masks. "We should protect the freedoms and statutory rights of students and parents," the governor wrote in his order, claiming that giving parents the choice of whether to mask their children would help kids with disabilities and medical ailments, who would be harmed by wearing a mask.
In a statement this week to ProPublica, DeSantis' press secretary, Christina Pushaw, inaccurately claimed that there is no evidence that "mask mandates work to keep kids safe and healthy" and said health experts were giving families a false sense of security: "This is nothing more than government-sanctioned misinformation, and it's potentially dangerous."
In criticizing those recommendations, which she said were "unfair to parents of immune-compromised kids," Pushaw mentioned only "cloth face coverings." Some other types of widely available masks, such as surgical and KN95 masks, are more effective at preventing transmission, but experts have said a face covering of any sort is better than none.
Gambrel's district followed the governor's order, opening schools with masks optional. She was dismayed. "The state's attitude is to send them in, no problem," she said. "And they do need to be in-person, but they've not taken any measures to make it safe, especially with delta."
While Sumter County has abided by the governor's order, several other districts in Florida have defied it. At least seven districts, including those that include Fort Lauderdale, West Palm Beach and Tampa, have started the school year with some kind of masking requirement. In response, DeSantis has threatened to withhold state dollars from the districts, prompting the Biden administration to offer additional federal relief funds to districts that receive financial penalties.
DeSantis' approach to masking has also prompted legal challenges. In early August, a handful of parents of children with disabilities and complex medical needs sued the state, claiming the ban violates the Americans with Disabilities Act.
"Preventing my kid from going to school safely is a violation of federal law," said Judi Hayes, a plaintiff in the lawsuit and a mother of a child with Down syndrome. "Parents are terrified. ... We feel like we're ticking time bombs."
In response to the lawsuit, Pushaw defended the governor's position, saying that "under Florida law, parents have the right to make health and educational decisions for their own children."
Once Gambrel knew her grandsons would be virtual again, she recognized they would need more support than what they had received in virtual instruction last year, so a week before school began, she reached out to the district to discuss her options. No one responded, so she called the state education department, which told her, she said, that when she signed a home-schooling form to opt in to the virtual program last year, she had effectively withdrawn her grandsons from the public school. And that meant they were no longer entitled to the disability accommodations and services that were part of their IEPs. The Florida Department of Education did not respond to specific questions about services for students with disabilities in virtual schools.
Gambrel was baffled. She recalled signing a form indicating that she was selecting home school, but she didn't realize that by selecting the virtual program the district was pushing, she was taking her grandkids out of the local school system.
"I didn't expect to have all of their needs met through virtual, but I never dreamed that we would sign our rights away," she said.
Deborah Moffitt, the assistant superintendent of Sumter County School District, said that her staff spent ample time explaining to families the various learning options, which had been presented to the school board. In response to ProPublica's questions about accommodations for students with disabilities, she said the district is "no longer obligated to provide services to students when their parents enroll them in home education utilizing the asynchronous model of virtual education," adding that families had to sign a form indicating their intention to home-school.
For this year, Gambrel has kept her grandsons in the same program as last year, while looking for a new online program that will accommodate their needs.
As schools have slowly opened up across the country this fall, reports of classroom outbreaks and overwhelmed pediatric units have rattled the nerves of parents, many of whom are alarmed that the highly transmissible delta variant may affect children more than previous iterations of the virus. In Sumter County, 164 students and 31 staff members tested positive in the first two weeks of school, according to the district's public reporting.
Dr. Dean Blumberg, chief of pediatric infectious diseases at UC Davis Children's Hospital, said children with certain underlying conditions are at higher risk for severe COVID and are the pediatric patients most ending up in intensive care units.
Blumberg said masking in schools is common sense.
"It makes sense to take advantage of every tool possible to decrease transmission to make sure kids can go to school safely and to prevent children from being required to do distance learning," he said.
According to the American Academy of Pediatrics, new child infections have increased about 820% over the past seven weeks, with 180,000 cases reported last week, compared with only 19,500 cases tallied for the first week of July. As cases in children climb, many districts are scrambling to reintroduce remote schooling for quarantined children.
In some of the states that have banned mask mandates, officials had already decided to limit or eliminate virtual options in an effort to ensure students returned to in-person learning. But many of those decisions were made before the surge in infections from delta, and that has left many districts ill-equipped to pivot back to virtual learning.
Texas Gov. Greg Abbott, a Republican, has been one of the country's most vocal opponents of mask mandates, and his administration has stopped providing funding for remote learning. This has forced districts that want to resume online schooling to pay for it themselves.
In McKinney Independent School District in the northern suburbs of Dallas, schooling is only offered in-person, leading some families to feel pushed out of the public education system altogether.
When Colandra Ashley, a mother of two girls, ages 6 and 8, both with moderate asthma, learned that the district would not have a mask requirement, she realized that she and her daughters were stuck.
Ashley had been hospitalized as a child because of asthma, and she did not want to risk her own daughters' health. Her family had also lost five members to the virus. "To lose so many people and to have people be so careless, it frustrates me," she said. Her family's loss compelled every remaining adult to get vaccinated as soon as it was available, but her daughters are still too young.
Without a mask mandate, Ashley said, she is not comfortable sending her daughters to school. "I feel my hands are tied," she said.
The district, which spent nearly $70 million on a new high school football stadium that opened in 2018, said that it would not provide an online option for parents, citing a lack of state funding. The district did not respond to a request for comment.
Ashley, who before the pandemic was studying to be a teacher, withdrew her daughters from the district last week and started home-schooling them with the help of her mother. They have already planned field trips to local parks and ordered biology labs. When her daughters are able to be vaccinated, she intends to reenroll them for in-person school.
Collin County, home to McKinney ISD, has refused to institute a mask requirement in response to the delta variant, even as the region experiences ICU bed shortages. Facing criticism on how the lack of a mandate might impact schools, top county official Chris Hill defended his decision, stating "freedom is more important than education."
Other districts in Texas have created virtual programs to address the needs of families who do not feel safe sending their children back into schools. The Fort Bend school district, southwest of Houston, is using federal relief funds to pay for a remote learning program for a small group of students. The district said on its website that the virtual program will cost an estimated $10 million, including loss of funding from the state.
Sherry Williams, the district's spokesperson, said the virtual program is limited to students with a medical history or diagnosed condition that puts them at a higher risk of severe illness from COVID-19. The district is continuing to review the 5,000 applications it received for the program, of which 1,041 students have qualified as of Aug. 19.
On Monday, Fort Bend's school board approved a mask requirement for students and staff. Last week, the Texas Supreme Court had allowed mask mandates put in place by local officials to remain in place while the state challenges them.
Separately, a group of 14 students with disabilities filed a lawsuit last week against Abbott and the state's education commissioner, Mike Morath, asserting the mask mandate ban violates students' rights and excludes them from participating in public education.
"Governor Abbott has been clear that the time for mask mandates is over; now is the time for personal responsibility," said Renae Eze, the governor's press secretary, in an emailed response to ProPublica's questions. "Parents and guardians have the right to decide whether their child will wear a mask or not, just as with any other decision in their child's life."
Eze said that districts in Texas are implementing a variety of safety precautions, from learning pods to enhanced hygiene, and that families of immunocompromised children also have the option of virtual learning, though the enrollment for these programs is limited. Eze did not respond to questions about the impending suit.
"Governor Abbott cares deeply about the health and safety of disabled students, as he does for all Texas students," she said. "Since his accident that left him paralyzed, the Governor has worked throughout his career to protect the rights of all those with disabilities in Texas."
Other states have backtracked on earlier decisions around masks. New Jersey Gov. Phil Murphy, a Democrat, announced in June that there would be no statewide mask mandate for students returning to school in the fall. Instead, the decision would be left up to individual school districts.
Amid rising case numbers, in large part driven by the delta variant, Murphy reversed course in early August, implementing a statewide mask mandate for schools.
"Anyone telling you that we can safely reopen our schools without requiring everyone inside to wear a mask is, quite simply, lying to you," Murphy said in his announcement. "Because we can't."
Last April, the Arkansas State Legislature passed a statewide ban on mask mandates. In August, Gov. Asa Hutchinson, a Republican, asked legislators to amend the law to allow school districts with students under the age of 12 to require masks. He said he signed the April law, in part, because cases were down at the time.
"Everything has changed now," he said. "And yes, in hindsight I wish it had not become the law, but it is the law, and the only chance we have is either to amend it or for the courts to say it has an unconstitutional foundation."
Legislators chose not to change the law, but a judge has temporarily blocked Arkansas from enforcing the ban.
As of Wednesday, 16 states had mandated masks in schools and eight states had banned mask mandates. Other states are leaving the decision to counties or individual school districts.
In Ohio, Gov. Mike DeWine, a Republican, said in July that he did not believe he had the authority to mandate masks in schools. At a press conference last week, he urged schools to implement their own mask requirements, at least for the next few weeks while case numbers are high.
"To all those who are making decisions right now about our schools, if you do not require masks, please, please, please think about this again," he said.
Even in districts that have recently instituted last-minute mask mandates, often defying their states' orders against them, some parents of children with medical needs have lost confidence in their public school systems.
When the pandemic initially shut down schools, Vanessa Perry, whose son Ryan was diagnosed with the rare autoimmune disorder Henoch-Schönlein purpura last year, opted for remote learning. This summer, she hoped that his district, Richland One in Columbia, South Carolina, would institute a mask mandate, so he could return to the classroom.
But in the weeks leading up to the school year, the district made masking optional, in compliance with the state's ban on universal mandates. Two days before school was supposed to start, the Richland County Council defied the state and passed an emergency ordinance mandating masks in all public and private schools that serve children between the ages of 2 and 14.
But it was too late for Perry. She had already enrolled her son in a virtual program for this fall and purchased textbooks and supplies. And with the emergency ordinance's mandate expiring on Oct. 15, she didn't want to risk the possibility that it wouldn't be extended, or that it might be revoked before then.
"At this point, I don't know if I trust things to be handled correctly," she said. "You have always viewed school as a safe place for children. Why aren't we listening to scientists and the professionals?"
Annie Waldman is a reporter at ProPublica covering education.
A May 1 decision by the CDC to only track breakthrough infections that lead to hospitalization or death has left the nation with a muddled understanding of COVID-19's impact on the vaccinated.
This article was published on Friday, August 20, 2021 in Kaiser Health News.
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Meggan Ingram was fully vaccinated when she tested positive for COVID-19 early this month. The 37-year-old's fever had spiked to 103 and her breath was coming in ragged bursts when an ambulance rushed her to an emergency room in Pasco, Washington, on Aug. 10. For three hours she was given oxygen and intravenous steroids, but she was ultimately sent home without being admitted.
Seven people in her house have now tested positive. Five were fully vaccinated and two of the children are too young to get a vaccine.
As the pandemic enters a critical new phase, public health authorities continue to lack data on crucial questions, just as they did when COVID-19 first tore through the United States in the spring of 2020. Today there remains no full understanding on how the aggressively contagious delta variant spreads among the nearly 200 million partially or fully vaccinated Americans like Ingram, or on how many are getting sick.
The nation is flying blind yet again, critics say, because on May 1 of this year — as the new variant found a foothold in the U.S. — the Centers for Disease Control and Prevention mostly stopped tracking COVID-19 in vaccinated people, also known as breakthrough cases, unless the illness was severe enough to cause hospitalization or death.
Individual states now set their own criteria for collecting data on breakthrough cases, resulting in a muddled grasp of COVID-19's impact, leaving experts in the dark as to the true number of infections among the vaccinated, whether or not vaccinated people can develop long-haul illness, and the risks to unvaccinated children as they return to school.
"It's like saying we don't count," said Ingram after learning of the CDC's policy change. COVID-19 roared through her household, yet it is unlikely any of those cases will show up in federal data because no one died or was admitted to a hospital.
The CDC told ProPublica in an email that it continues to study breakthrough cases, just in a different way. "This shift will help maximize the quality of the data collected on cases of greatest clinical and public health importance," the email said.
In addition to the hospitalization and death information, the CDC is working with Emerging Infections Program sites in 10 states to study breakthrough cases, including some mild and asymptomatic ones, the agency's email said.
Under pressure from some health experts, the CDC announced Wednesday that it will create a new outbreak analysis and forecast center, tapping experts in the private sector and public health to guide it to better predict how diseases spread and to act quickly during an outbreak.
Tracking only some data and not releasing it sooner or more fully, critics say, leaves a gaping hole in the nation's understanding of the disease at a time when it most needs information.
"They are missing a large portion of the infected," said Dr. Randall Olsen, medical director of molecular diagnostics at Houston Methodist Hospital in Texas. "If you're limiting yourself to a small subpopulation with only hospitalizations and deaths, you risk a biased viewpoint."
On Wednesday, the CDC released a trio of reports that found that while the vaccine remained effective at keeping vaccinated people out of the hospital, the overall protection appears to be waning over time, especially against the delta variant.
Among nursing home residents, one of the studies showed vaccine effectiveness dropped from 74.7% in the spring to just 53.1% by midsummer. Similarly, another report found that the overall effectiveness among vaccinated New York adults dropped from 91.7% to just under 80% between May and July.
The new findings prompted the Biden administration to announce on Wednesday that people who got a Moderna or Pfizer vaccine will be offered a booster shot eight months after their second dose. The program is scheduled to begin the week of Sept. 20 but needs approval from the Food and Drug Administration and a CDC advisory committee.
This latest development is seen by some as another example of shifting public health messaging and backpedaling that has accompanied every phase of the pandemic for 19 months through two administrations. A little more than a month ago, the CDC and the FDA released a joint statement saying that those who have been fully vaccinated "do not need a booster shot at this time."
The vaccine rollout late last year came with cautious optimism. No vaccine is 100% percent effective against transmission, health officials warned, but the three authorized vaccines proved exceedingly effective against the original COVID-19 strain. The CDC reported a breakthrough infection rate of 0.01% for the months between January and the end of April, although it acknowledged it could be an undercount.
As summer neared, the White House signaled it was time for the vaccinated to celebrate and resume their pre-pandemic lives.
Trouble, though, was looming. Outbreaks of a new, highly contagious variant swept India in the spring and soon began to appear in other nations. It was only a matter of time before it struck here, too.
"The world changed," said Dr. Eric Topol, director of the Scripps Research Translational Institute, "when delta invaded."
The current crush of U.S. cases — well over 100,000 per day — has hit the unvaccinated by far the hardest, leaving them at greater risk of serious illness or death. The delta variant is considered at least two or three times more infectious than the original strain of the coronavirus. For months much of the focus by health officials and the White House has been on convincing the resistant to get vaccinated, an effort that has so far produced mixed results.
Yet as spring turned to summer, scattered reports surfaced of clusters of vaccinated people testing positive for the coronavirus. In May, eight vaccinated members of the New York Yankees tested positive. In June, 11 employees of a Las Vegas hospital became infected, eight of whom were fully vaccinated. And then 469 people who visited the Provincetown, Massachusetts, area between July 3 and July 17 became infected even though 74% of them were fully vaccinated, according to the CDC's Morbidity and Mortality Weekly Report.
While the vast majority of those cases were relatively mild, the Massachusetts outbreak contributed to the CDC reversing itself on July 27 and recommending that even vaccinated people wear masks indoors — 11 weeks after it had told them they could jettison the protection.
And as the new CDC data showed, vaccines continue to effectively shield vaccinated people against the worst outcomes. But those who get the virus are, in fact, often miserably sick and may chafe at the notion that their cases are not being fully counted.
"The vaccinated are not as protected as they think," said Topol, "They are still in jeopardy."
The CDC tracked all breakthrough cases until the end of April, then abruptly stopped without making a formal announcement. A reference to the policy switch appeared on the agency's website in May about halfway down the homepage.
"I was shocked," said Dr. Leana Wen, a physician and visiting professor of health policy and management at George Washington University. "I have yet to hear a coherent explanation of why they stopped tracking this information."
The CDC said in an emailed statement to ProPublica that it decided to focus on the most serious cases because officials believed more targeted data collection would better inform "response research, decisions, and policy."
Sen. Edward Markey, D-Mass., became alarmed after the Provincetown outbreak and wrote to CDC director Dr. Rochelle Walensky on July 22, questioning the decision to limit investigation of breakthrough cases. He asked what type of data was being compiled and how it would be shared publicly.
"The American public must be informed of the continued risk posed by COVID-19 and variants, and public health and medical officials, as well as healthcare providers, must have robust data and information to guide their decisions on public health measures," the letter said.
Markey asked the agency to respond by Aug. 12. So far the senator has received no reply, and the CDC did not answer ProPublica's question about it.
When the CDC halted its tracking of all but the most severe cases, local and state health departments were left to make up their own rules.
There is now little consistency from state to state or even county to county on what information is gathered about breakthrough cases, how often it is publicly shared, or if it is shared at all.
"We've had a patchwork of information between states since the beginning of the pandemic," said Jen Kates, senior vice president and director of global health and HIV policy at Kaiser Family Foundation.
She is co-author of a July 30 study that found breakthrough cases across the U.S. remained rare, especially those leading to hospitalization or death. However, the study acknowledged that information was limited because state reporting was spotty. Only half the states provide some data on COVID-19 illnesses in vaccinated people.
"There is no single, public repository for data by state or data on breakthrough infections, since the CDC stopped monitoring them," the report said.
In Texas, where COVID-19 cases are skyrocketing, a state Health and Human Services Commission spokesperson told ProPublica in an email the state agency was "collecting COVID-19 vaccine breakthrough cases of heightened public health interest that result in hospitalization or fatality only."
Other breakthrough case information is not tracked by the state, so it is unclear how often breakthroughs occur or how widely cases are spreading among the vaccinated. And while Texas reports breakthrough deaths and hospitalizations to the CDC, the information is not included on the state's public dashboard.
"We will be making some additions to what we are posting, and these data could be included in the future," the spokesperson said.
South Carolina, on the other hand, makes public its breakthrough numbers on hospitalizations and deaths. Milder breakthrough cases may be included in the state's overall COVID-19 numbers but they are not labeled as such, said Jane Kelly, an epidemiologist at the South Carolina Department of Health and Environmental Control.
"We agree with the CDC," she said, "there's no need to spend public health resources investigating every asymptomatic or mild infection."
In Utah, state health officials take a different view. "From the beginning of the pandemic we have been committed to being transparent with our data reporting and … the decision to include breakthrough case data on our website is consistent with that approach," said Tom Hudachko, director of communications for the Utah Department of Health.
Some county-level officials said they track as many breakthrough cases as possible even if their state and the CDC does not.
For instance, in Clark County, Nevada, home of Las Vegas, the public health website reported that as of last week there were 225 hospitalized breakthrough cases but 4,377 vaccinated people overall who have tested positive for the coronavirus.
That means that less than 5% of reported breakthrough cases resulted in hospitalization. "The Southern Nevada Health District tracks the total number of fully vaccinated individuals who test positive for COVID-19 and it is a method to provide a fuller picture of what is occurring in our community," said Stephanie Bethel, a spokesperson for the health district in an email.
Sara Schmidt, a 44-year-old elementary school teacher in Alton, Illinois, is another person who has likely fallen through the data hole.
"I thought, 'COVID is over and I'm going to Disney World,'" she said. She planned a five-day trip for the end of July with her parents. Not only had she been fully vaccinated, receiving her second shot in March, she is also sure she had COVID-19 in the summer of 2020. Back then she had all the symptoms but had a hard time getting tested. When she finally did, the result came back negative, but her doctor told her to assume it was inaccurate.
"My guard was down," she said. She was less vigilant about wearing a mask in the Florida summer heat, assuming she was protected by the vaccination and her presumed earlier infection.
On the July 29 plane trip home, she felt mildly sick. Within days she was "absolutely miserable." Her coughing continued to worsen, and each time she coughed her head pounded. On Aug. 1 she tested positive. Her parents were negative.
Now, three weeks later, she is far from fully recovered and classes are about to begin at her school. There's a school mask mandate, but her students are too young to be vaccinated. "I'm worried I will give it to them, or I will get it for a third time," she said.
But it is doubtful her case will be tracked because she was never hospitalized. That infuriates her, she said, because it downplays what is happening.
"Everyone has a right to know how many breakthrough cases there are," she said, "I was under the impression that if I did get a breakthrough case, it would just be sniffles. They make it sound like everything is under control and it's not."
Do you or someone you know have a pacemaker, defibrillator, implanted prosthetic, or other lifesaving device? Do you work with or in the medical device industry? Help us report.
This article was published on Thursday, August 5, 2021 in ProPublica.
Hundreds of thousands of people rely on lifesaving medical devices, from pacemakers and defibrillators to implanted prosthetics. The U.S. regulatory system is supposed to protect all of them from unsafe devices and unscrupulous actors.
But our latest investigation into the $400 billion medical device industry showed that, thanks to ineffective oversight, vulnerable people may be getting hurt. We uncovered that the FDA took no decisive action as a heart pump was implanted inside thousands of people, even though the agency knew it didn’t meet federal standards.
Now, we need your help continuing to hold medical device companies and regulatory systems accountable. We want to hear from people who know this system best: patients, doctors, people who work for device companies and federal employees. We’re particularly interested in device marketing and communication around recalls. If you have insights that could help guide our reporting, or if you know about other problems we should investigate, please fill out the brief questionnaire below.
A settlement is about to shield members of the Sackler family from civil litigation regarding their alleged roles in the opioid crisis. So it’s a good time to release the full video of Richard Sackler’s 2015 deposition.
This article was published on Wednesday, August 4, 2021 in ProPublica.
A settlement close to being finalized in a bankruptcy case would provide a shield from civil litigation to the members of the Sackler family who own OxyContin maker Purdue Pharma. The development means that family members will be significantly less likely to be questioned under oath about their role in the marketing of the potent prescription painkiller blamed for fueling a nationwide opioid epidemic.
Despite years of litigation alleging some Sacklers pushed Purdue to aggressively and inappropriately market OxyContin, members of the family successfully avoided most attempts to force them to answer questions about their stewardship of Purdue or the multibillion-dollar fortune they amassed as OxyContin became a bestselling pain medicine. They have repeatedly denied acting inappropriately, and the settlement under consideration in U.S. Bankruptcy Court in White Plains, New York, does not require the Sacklers to admit wrongdoing. Family members would pay $4.5 billion over nine years to resolve civil lawsuits filed by states, cities, insurers and families impacted by the opioid crisis.
An exception occurred in 2015, when Dr. Richard Sackler was questioned for more than eight hours by lawyers representing the state of Kentucky in a lawsuit against Purdue. Richard Sackler served as president of Purdue Pharma and was a longtime board member.
Purdue fought for years to keep the deposition secret, unsuccessfully appealing the case to the Kentucky Supreme Court after a lower court ruled it should be released. Although a transcript of the deposition was released by a Kentucky court, the video was not. It was obtained in 2019 by ProPublica, which posted selected passages from the video.
In the deposition, Sackler is asked about his role in launching and overseeing the marketing of OxyContin, how Purdue incentivized its sales force to sell the drug, and a decision he supported not to correct the false belief among doctors that OxyContin is weaker than morphine.
Inspectors repeatedly found manufacturing and device quality problems with the HeartWare heart pump. But the FDA did not penalize the company, and patients had the device implanted on their hearts without knowing the facts.
This article was published on Thursday, August 5, 2021 in ProPublica.
John Winkler II was dying of heart failure when doctors came to his hospital bedside, offering a chance to prolong his life. The HeartWare Ventricular Assist Device, or HVAD, could be implanted in Winkler’s chest until a transplant was possible. The heart pump came with disclaimers of risk, but Winkler wanted to fight for time. He was only 46 and had a loving wife and four children, and his second grandchild was on the way.
So, in August 2014, Winkler had surgery to implant the device. A golf-ball-sized rotor was attached to his left ventricle to pump blood through a tube and into his aorta. A cable threading out of a small incision in his waist connected to a battery-powered controller strapped to his body. If something went wrong, an alarm as loud as a fire drill would sound.
Winkler returned home weeks later and, as he regained his strength, became hopeful about the future. He started making plans to visit colleges with his daughter, and was able to host his parents and new grandchild for Christmas. “He was doing so much better,” his wife, Tina Winkler, said. “We thought he was coasting until he got his transplant.”
What John Winkler didn’t know: Months before his implant, the Food and Drug Administration put HeartWare on notice for not properly monitoring or repairing HVAD defects, such as faulty batteries and short circuits caused by static electricity, that had killed patients. The agency issued a warning letter, one of its most serious citations. It demanded fixes within 15 days, but took no decisive action as problems persisted.
Ten days after Christmas 2014, Winkler’s two teenage children heard the HVAD’s piercing alarm and ran upstairs. They found their father collapsed on his bedroom floor, completely unresponsive. Kelly, 17, dropped to his side and tried to copy how people on television did CPR. She told her brother to call 911, and over the device’s siren did her best to hear instructions from the operator.
When paramedics arrived and assessed her father, one made a passing comment that has haunted Kelly ever since: “Well, his toes are already cold.” He died two days later. Medtronic, the company that acquired HeartWare in 2016, settled a lawsuit by the family last year, admitting no fault. Tina Winkler believes her children blamed themselves for their father’s death. “Those two kids have never been the same,” she said. “I think they feel like they didn’t do things they needed to do.”
But it was the FDA that failed to protect Winkler and thousands of other patients whose survival depended on the HVAD, a ProPublica investigation found.
As HeartWare and Medtronic failed inspection after inspection and reports of device-related deaths piled up, the FDA relied on the device makers to fix the problems voluntarily rather than compelling them to do so.
The HVAD was implanted into more than 19,000 patients, the majority of whom got it after the FDA found in 2014 that the device didn’t meet federal standards. By the end of last year, the agency had received more than 3,000 reports of patient deaths that may have been caused or contributed to by the device.
Among them were reports of deaths the company linked to serious device problems: a patient who vomited blood as a family member struggled to restart a defective HVAD; a patient who bled out internally and died after implant surgery because a tube attached to the pump tore open; a patient whose heart tissue was left charred after an HVAD short-circuited and voltage surged through the pump.
The ineffective regulatory oversight of the HVAD is emblematic of larger, more systemic weaknesses.
For decades, the FDA and its Center for Devices and Radiological Health have been responsible for ensuring that high-risk medical devices are safe and effective. Yet they mostly rely on manufacturers to identify and correct problems. The agency says it can seize products, order injunctions against companies or issue fines, but it rarely does so, preferring instead for companies to make fixes voluntarily.
When federal investigators found repeated manufacturing issues with the HVAD for years, the FDA didn’t penalize the company, even as the company issued 15 serious recalls of the device starting in 2014, the most of any single high-risk device in the FDA’s database. Thousands of patients with recalled models needed to have external HVAD parts replaced or take extra caution while handling their devices and monitor them for signs of malfunctions that could cause injury or death.
Meanwhile, the processes to inform the public through formal FDA notices and messages to healthcare providers repeatedly failed and left patients in the dark about known problems with the HVAD.
“Patients have no idea, and they rely on the FDA to ensure the safety and effectiveness of high-risk devices,” said Dr. Rita Redberg, a cardiologist at the University of California, San Francisco who studies medical device regulation. “How can you not take action on a warning letter with these serious issues with very sick patients?”
In response to ProPublica’s findings, the FDA said it had been closely monitoring issues with the HVAD. It said that after Medtronic acquired HeartWare in 2016, it met with the company more than 100 times to ensure problems were being fixed and to review safety concerns related to the heart pump. The agency also said it initiated formal reviews of new device modifications and continually tracked whether the HVAD had a “reasonable assurance of safety and effectiveness.”
“Our decisions that we made along the way have always been patient-focused,” said Dr. William Maisel, the director of product evaluation and quality at the FDA’s device division. He added that more than 80% of companies fix their problems by the time the FDA reinspects.
That did not happen with the HVAD. In 2016 and 2018, inspectors found that issues detailed in the 2014 warning letter remained unresolved. Medtronic told the FDA last year that it had fixed the problems, but, before the agency could verify the claim, inspections were paused because of the coronavirus pandemic.
In June, Medtronic stopped HVAD sales and implants. The company conceded that a competing device was safer after a new study showed the HVAD had higher rates of death and neurological injury. Medtronic also cited a 12-year-old problem with its devices not restarting if they disconnect from power, leaving patients’ hearts without support.
Medtronic declined to make CEO Geoffrey Martha or president of mechanical heart support Nnamdi Njoku available for interviews. In an email, a spokesperson said, “There is nothing more important to Medtronic than the safety and well-being of patients.”
The email continued, “Medtronic takes this matter very seriously and, over the past five years, we have worked closely with FDA and engaged external experts to resolve the issues noted in the warning letter. FDA is aware of the steps Medtronic has taken to address the underlying concerns.”
The company said it will have a support system in place for the 4,000 patients worldwide and 2,000 in the United States who still rely on the HVAD. Medtronic will station 20 specialists across the globe to help with device maintenance and patient education. A centralized engineering team will also provide technical support and troubleshooting for patients and medical staff. Medtronic said it will also offer financial assistance if insurance doesn’t fully cover the surgery to replace a device with a competing product, but only if a doctor decides it’s medically necessary.
Patients with HVADs have little choice but to hope the devices keep working: The surgery to remove HVADs is so risky that both Medtronic and the FDA advise against it. The device is meant to be left in place until its wearer gets a heart transplant. Or dies.
Warning Signs
In late 2012, HeartWare, then an independent company headquartered in Massachusetts, won FDA approval to sell a new device that could keep heart failure patients alive and mobile while awaiting a transplant.
A competing device, the HeartMate, was already gaining attention, with high-profile patients like former Vice President Dick Cheney, a heart attack survivor who eventually got a transplant after using the device for 20 months.
The patients who received HVADs had already been in grave peril. They had advanced heart failure, serious enough to need blood pumped out of their hearts artificially. Most patients were older than 50, but there were also younger patients with heart defects or other cardiac conditions. The device provided help but brought its own risks. Implanting it required invasive open-heart surgery, and clots could develop inside the pump, which, in the worst cases, led to deadly strokes.
The device also came with a steep price tag. Each HVAD cost about $80,000, and, even though HeartWare never made a profit as an independent company, in 2015 device sales brought in $276 million in revenue.
For many severe heart failure patients, the opportunity to survive longer and return to normal life made the device worth the risks and cost.
But patients were unaware the FDA started finding manufacturing issues at HeartWare’s Miami Lakes, Florida, plant as early as 2011, when the device was still seeking approval.
Among the findings, a federal inspector expressed concerns that engineering staff “were not completely reviewing documents before approving them” and found one employee assigned to monitoring device quality had missed several required monthly trainings. HeartWare leadership promised quick corrective action, according to FDA documents.
For example, HeartWare knew of 119 instances in which batteries failed unexpectedly, which could leave the pump powerless, stopping support for the patient’s heart. But the company didn’t test the batteries in inventory for defects, or the batteries of current patients, even though one person’s death had already been linked to battery failure.
The company also received complaints that static electricity could short-circuit its devices. It learned of at least 27 such cases between 2010 and 2013, including four that resulted in serious injuries and two that led to death. HVAD patients would need to avoid contact with certain household objects like televisions or vacuum cleaners — anything that could create strong static electricity. HeartWare added warnings to the patient manual and redesigned its shield to protect the device controller, but the FDA found that the company didn’t replace shields for devices already being used by current patients or produced and sitting in inventory.
Continuing quality control concerns led to the FDA warning letter in June 2014. The document labeled the HVAD as “adulterated,” meaning the device did not meet federal manufacturing standards. The agency gave HeartWare 15 days to correct the problems or face regulatory action.
Still, investment analysts who followed HeartWare believed the warning posed little risk to the company’s business prospects. One described it as being “as benign as possible.”
The 15-day deadline passed, and the FDA never penalized the company.
The agency told ProPublica it had provided additional time because HeartWare was a relatively new manufacturer and the HVAD was a complicated device. It also said it avoided punitive action to make sure patients with severe heart failure had access to this treatment option. “We’re talking about the sickest of the sick patients who really have very few alternatives,” Maisel, the head of device quality, said.
But the HeartMate, the competing device, was available and already being used by the majority of patients. When Medtronic stopped HVAD sales, both companies said the HeartMate could fill the gap.
Inspectors continued to find problems at HeartWare facilities in 2015, 2016, 2017 and 2018. In the most recent report in 2018, inspectors identified seven separate violations at the HVAD plant, including three previously cited in the 2014 warning letter. The company was still mishandling newly discovered defects like pins connecting the controller to a power source that could bend and become unusable, and controllers built with incompatible parts that could chemically react and “attack” the plastic exterior.
Again, the inspection report said the company “promised to correct” the issues.
“What penalty is there for noncompliance? There isn’t one,” said Madris Kinard, a former public health analyst with the FDA and the CEO of Device Events, a software company that analyzes FDA device data. “There’s nothing the FDA is doing that penalizes, in any true sense of the matter, the manufacturer.”
By the time sales were halted last month, the HVAD had become the subject of 15 company-initiated “Class I” recalls for dangerous device problems that could cause injury or death.
One recall came with a warning sent to health care providers in December that said pumps were failing to start up properly. The pattern of malfunctions was almost as old as the device itself, the company later admitted when it halted device sales in June. But even recent patients were completely unaware of the problem.
“A No-Brainer”
When children asked Latoya Johnson Keelen about the cable that came out of her side and connected to a controller on her hip, she told them she was Iron Woman.
For a while, she felt invulnerable with the HVAD on her heart.
Johnson Keelen, who lives in the Atlanta suburbs, learned she needed the device after delivering her fourth child, Isaiah, in early 2018. Doctors diagnosed her with postpartum cardiomyopathy, a rare and mysterious form of heart failure that afflicts mothers during pregnancy or after birth. Black mothers in the South have among the highest rates of the illness. Some mothers quickly regain heart function, some only partially recuperate and others never recover.
Tests showed that Johnson Keelen, then 42, was suddenly in end-stage heart failure.
Her body’s immune response at the time was too strong for her to receive a heart transplant. Doctors gave her two choices: an HVAD or end-of-life hospice care.
“It became a no-brainer,” she said. “I just had a baby. I just gave birth. I’m not ready to plan for a funeral.”
Johnson Keelen, a woman of faith, believed God would heal her, either through a medical advancement or a miracle. She thought the HVAD was the answer.
Living with a life-sustaining medical device was difficult at first for the fiercely independent mother. She had to leave her job as a public health communications specialist, ask her older sons to change her bandages and lean heavily on her new husband, only a year into their marriage.
But, for about three years, she found comfort in the soft humming of the HVAD’s spinning rotor at night. It served as a lullaby for her new baby when he lay on her chest.
She said she was never told about the manufacturing problems the FDA repeatedly found at HeartWare’s facilities or about device recalls, including one sent to patients in December 2020. The notice said the device sometimes wouldn’t restart properly, which had led to two patient deaths at that point. It warned that current patients should always keep at least one power source, a battery or an AC or DC adapter, connected at all times to avoid the need for a restart.
Two months after that notice, Johnson Keelen was getting her kids ready for school when the HVAD’s low-battery alarm blared. She had unplugged the battery to replace it without realizing her wall adapter was disconnected.
Once before, Johnson Keelen had simply plugged the charger back into the outlet and her device restarted. But this time it wouldn’t.
As an emergency alarm sounded, she called the ventricular-assist team assigned to her case, and a specialist directed her to switch out the device controller.
Nothing changed, and panic crept into the voice on the phone.
An ambulance took Johnson Keelen to a hospital where medical staff used several backup controllers to try to start the pump.
Still nothing.
Doctors and nurses tried to keep calm, but Johnson Keelen could see fear and shock on their faces. Without the HVAD, her only options were a transplant or a completely new pump.
Doctors scurried to locate a donor heart and airlifted her for an emergency transplant. But while running tests, the medical team was stunned to find that Johnson Keelen’s miracle had occurred: Her heart was once again pumping blood on its own.
She had a new choice. She could avoid the risks of transplant rejection and open heart surgery during the pandemic by leaving the device on her functioning heart, while cutting the wires, removing the external components and sealing the pump.
She chose to trust her newly functioning heart, and leave the decommissioned HVAD inside her.
Three months later, when Medtronic said it was stopping HeartWare sales and implants, its announcement cited the problem with pumps not restarting among the reasons.
Company-Led Oversight
If evidence suggests a medical device may be linked to a serious patient injury or death, hospitals and other health care facilities must submit a report to the manufacturer and the FDA. Device companies must also submit reports if they learn independently of any incidents.
By the end of 2020, roughly 3,000 death reports and 20,000 injury reports related to the HVAD had been filed with the FDA.
Any details that could identify patients, like their age or gender, are removed from the publicly available reports. Most only have limited details about circumstances surrounding deaths or injuries. But it’s clear from the reports on the HVAD that some of these outcomes could be linked to problems previously identified by FDA inspectors.
Doctors attempted CPR for two hours after an electrostatic shock short-circuited one patient’s device in 2014, a few months after the FDA inspection that year. An autopsy revealed voltage had caused “deep charring” of the tissue inside the patient’s chest.
Friends found another patient dead in the kitchen, with groceries still on the counter, in 2018 after their device, which did not have the recommended static shield, short-circuited.
Last year, paramedics found a patient with the device disconnected from power. They struggled to restart the device, but it wouldn’t plug back into the power source because the connector pins were bent. The patient would die at the hospital.
In most cases, the FDA turned to the company to investigate whether a malfunction caused or contributed to the incidents.
But the FDA has long known HeartWare and Medtronic could not be relied on to properly submit HVAD incident reports.
In 2014, the FDA cited HeartWare because in at least 10 cases, there were no documents showing the company attempted to investigate.
In 2016, the agency wrote another citation when the company was late in reporting more than 200 cases, some more than a year past their 30-day reporting deadlines, and failed to report malfunctions that occurred during clinical trials.
The FDA told ProPublica the agency increased its monitoring of HVAD reports, and Medtronic hired new employees to submit timely reports. But by 2018, its backlog had only grown, with 677 late case filings. Again, the FDA did nothing beyond telling the company to fix the problem and further increasing its monitoring.
In an email, Medtronic said it “has robust systems in place to monitor the safety of all of our products, including the HVAD device.”
The email said, “When any potential safety issues are identified, those issues are thoroughly investigated and relevant information is shared with regulators and healthcare providers.” The company didn’t respond to the pattern of late reports and incomplete investigations identified in FDA inspections.
Maisel, the director of FDA device evaluation and quality, once criticized asking companies to investigate their own devices. In 2008, as a practicing cardiologist, he testified to the U.S. House oversight committee about his concerns.
“In the majority of cases, FDA relies on industry to identify, correct and report the problems,” he said. “But there is obviously an inherent financial conflict of interest for the manufacturers, sometimes measured in billions of dollars.”
Maisel has since had a change of heart. When asked about his 2008 testimony, he told ProPublica that he now believes the regulatory system “generally serves patients well” and “most companies are well intentioned.”
HeartWare’s track record of questionable investigations was glaring in John Winkler II’s case.
A report submitted by HeartWare that matches the dates and details of Winkler’s case shows the company decided there was “no indication of any device malfunctions.” It told the FDA that the device couldn’t be removed from the body because the hospital said his family declined an autopsy. HeartWare added that the evidence of the device’s role in Winkler’s death was inconclusive.
Yet little of this appears to be true. Documents reviewed by ProPublica show an autopsy of the heart and lungs was performed a day after the death. Tina Winkler said she was told the pump was removed from her husband’s body and was available for inspection.
A year after John Winkler’s death, HeartWare recalled 18,000 potentially faulty batteries produced between 2013 and 2015. Tina Winkler came across the notice online and found her husband’s battery serial numbers on the list. The company never contacted her about it or any further investigation, she said.
Rewards, Not Penalties
As deaths and recalls mounted, HeartWare and Medtronic touted additional FDA approval to treat more patients and their attempts to develop new cutting-edge devices.
With the company on notice under the 2014 warning letter, HeartWare geared up to begin human trials on a smaller heart pump, called the MVAD or Miniaturized Ventricular Assist Device. It would be powered by a new algorithm to more efficiently pump blood. Industry analysts predicted robust sales.
In July 2015, implantations were set to begin on a select group of 60 patients in Europe and Australia. But they were abruptly stopped less than two months later after only 11 implants. Patients experienced numerous adverse events, including major bleeding, infection and device malfunction, according to published data.
HeartWare’s stock price plummeted from about $85 to $35 by October 2015. The next year, Medtronic bought HeartWare for $1.1 billion, replacing much of the company’s leadership shortly after.
Some former HeartWare investors filed a class action lawsuit in January 2016 alleging deception in the development of the MVAD.
According to the accounts of six anonymous former employees in the lawsuit, the details mirror the scandal surrounding Theranos, the former blood test company charged with fraud for raising more than $700 million by allegedly lying about its technology.
Where Theranos made empty promises of a test that only needed a few drops of blood, the suit alleges HeartWare promoted a life-sustaining medical device that former employees said had many problems and actually worsened blood flow, increasing clotting risks.
“Nothing really worked right,” one former HeartWare manager said in the lawsuit, citing “improper alarms, improper touch screen performance, gibberish on display screens — just so many alerts and problems.”
Leadership proceeded with human testing anyway, the suit alleges.
Months later, at an investor conference, HeartWare leadership acknowledged the pump and algorithm led to multiple adverse events. For two patients in particular, the algorithm would direct the pump to speed up so fast that it would try to suck up more blood than was available inside the heart for prolonged periods of time.
HeartWare and Medtronic settled the investor suit for $54.5 million in 2018, admitting no fault.
None of the allegations slowed the FDA as it gave Medtronic additional approval and support for its heart pump technologies.
In September 2017, the agency approved the HVAD as “destination therapy” for patients who were not heart transplant candidates and would rely on the device for the rest of their lives.
“We’re really excited about our HVAD destination therapy approval,” a Medtronic executive said on an investor earnings call. “That’s a real game changer for us in that market.”
Two years later, Medtronic announced it was developing a fully implantable version of the HVAD that would no longer need a cable coming through the waist to connect to power.
Even though issues with the HeartWare device had been unresolved for five years at that point, the FDA accepted the pitch into its new fast-track approval process for high-risk devices.
“Slipped Through The Cracks”
After Johnson Keelen’s pump failed in February, she found a news story about the recall notice sent to medical providers two months prior.
It said the company had identified a problem with pump restarts that could cause heart attacks or serious patient harm. Nineteen patients had been seriously injured so far, and two people had died. The recall warned that patients should be careful to avoid disconnecting the device’s power sources.
“I kept seeing Medtronic on record saying they notified patients,” Johnson Keelen said. “Who did they contact? No one told me.”
Her doctor later told her she must have “slipped through the cracks,” she said.
The current system for informing patients of new safety concerns with high-risk devices relies on a communication chain that can easily break. The device company contacts the FDA and health care providers that work with device patients. The FDA typically issues a public notice, while health professionals contact their patients.
But the agency admits most patients don’t know to look for formal FDA postings. And, experts say, the medical system can lose track of who needs to be notified, especially if a patient moves or switches primary care physicians.
Tina Winkler still wonders why she was never told about FDA-known safety issues with the HVAD. She said her husband’s medical team “had to teach me how to clean his wound, how to change his batteries and what to do if alarms go off. And they never mentioned any of this.”
She said, “If we had all the facts, there’s no way he would have gotten that device implanted in his heart.”
When FDA inspectors find serious safety issues with a medical device, inspection reports are not posted online or sent to patients. The public can obtain reports through a Freedom of Information Act request, but the agency’s records department has said new requests can be stuck behind a year-long backlog.
Patients can find warning letters online in a searchable database of thousands of letters from different FDA divisions, including the center for devices. But HeartWare’s 2014 letter is no longer available for public review because the website purges letters older than five years.
There are also few documents available in state courts about faulty products, because of restrictions on lawsuits related to medical devices. The restrictions date back to a 2008 Supreme Court decision in a case against Medtronic. The court found that U.S. law bars patients and their survivors from suing device makers in state court, essentially because their products go through such a rigorous FDA approval process.
Two recent patient lawsuits against HeartWare and Medtronic, including one filed by Tina Winkler, were moved from state court to federal court. In both cases, Medtronic filed to dismiss the cases because of the U.S. law that protects device companies. Medtronic and the families reached private settlements soon after.
Winkler and an attorney for the other family said they could not comment on their settlements.
Johnson Keelen, with a decommissioned HVAD still attached to her heart, wonders what that means for her and other patients’ chances of recourse.
“Why isn’t anyone now stepping up for the patient?” she asked. “They are now liable for taking care of us because we relied on them.”
“Run Its Course”
Deserae Cain, 33, is one of the 4,000 patients still relying on a HeartWare device.
She was implanted with the heart pump in late 2017, after suddenly being diagnosed with heart failure. Scans showed her heart was three times normal size. It took time for her to come to terms with needing a life-sustaining device — not long before her diagnosis, she had been going on five-mile runs. In the four years since, though, Cain has built a life around the HVAD with her fiance in their Dayton, Ohio, home.
They know the device can malfunction. In 2019, the pump failed for almost an hour as doctors at a nearby hospital struggled to restart it. Cain just tried to stay calm, knowing anxiety could threaten her unsupported weak heart. Months later, she needed an emergency experimental procedure to clear out blood clots developed within her HVAD.
Then, in 2020, Cain developed a widespread infection. Doctors told her she needed surgery to clean out and replace the pump.
Cain asked her medical team if she could switch to the alternative HeartMate device, which other patients told her presented fewer problems, she said. Doctors said the HVAD was better suited for her smaller frame.
But her new pump had problems soon after the surgery.
The device’s suction alarms, which alert when the pump is trying to pull in more blood than is available within the heart, sounded multiple times a day, for hours at a time, she said. Baffled by the issue for months, her medical team eventually turned off that specific alarm.
Soon after, her ventricular-assist specialist called her about a patient’s death linked to the belt that holds the device controller, she said. The belt had ripped and the equipment had fallen, yanking on the cable that connected the controller to the pump. Cain replaced her belt but it quickly frayed and had to be replaced again within six weeks.
Then, in June, she found out about Medtronic’s decision to stop sales and implants. Cain received a letter from her hospital mentioning a Medtronic support program, but it provided few specifics.
Cain wondered if things would be any different than before. Anxious about her future, she asked: “Are they just going to let it run its course until there is none of us left?”