Mehulic v. New York Downtown Hospital Index No.103297-2008
October 27, 2014, at 10 AM. The courtroom of Justice Shlomo S. Hagler (Part 17) in Court
Room 335 at 60 Centre Street, New York, NY 10007.
o I am a physician whistleblower who objected to improper and dangerous medical care that I observed at the labor and delivery department of the New York Downtown Hospital in 2007-2008. Many young mothers and babies died or were severely injured due to negligent care.
o After my multiple objections seeking to stop this negligence, I reported the whole matter several times to the New York Department of Health. Finally, on April 16, 2008, I received an email response from the DOH. That same day I was paged and told to go at once to the office of my boss, Allan Klapper, M.D. He threatened me that I would never practice medicine in this country again. Two days later I was fired by the hospital without explanation.
o Per my report , NBC News broke the story of a 16-year old teenager who was not pregnant but was given a caesarian section by these negligent doctors. Despite corrective measures that the hospital was supposed to implement, patients continued to die and in August of 2012 NBC News broke another story that 14 patients had unexpectedly died at the hospital and that an additional 40,000 medical mistakes made by hospital doctors were reported to the Department of Health and that the DOH was keeping these egregious cases of malpractice secret. In 2012 the hospital ended up with a deficiency of $40 Million. By July 1, 2013, the hospital closed both residency training programs (OBGYN and Internal Medicine) and its financial district and was acquired by the New York Presbyterian Hospital. The Government granted $125 million for the hospital’s reconstruction in 2013.
o I became aware of a long-term friendship and political alliance between Judge Hagler and Sheldon Silver, a member of the advisory board of the hospital and the Assembly Speaker of New York State. Judge Hagler is known as the surrogate son of Sheldon Silver. Moreover, Sheldon has received election contributions from the very same law firm that is representing the hospital in my case (Epstein, Becker &Green, P.C.).
o I also did not have knowledge that Judge Hagler’s brother Mendel Hagler was CEO of Gouverneur Hospital and his close personal and business relationship with Sheldon Silver, and his close ties with New York Department of Health which is involved in this action.
o I was wrongfully fired and unemployed for a year and a half because of the hospital’s slander and misinformation that it was spreading in a vendetta against me. In 2009 the hospital’s actions forced me to change my profession from Obstetrics and Gynecology to Family Medicine. I completed the Family Medicine Residency at the prestigious University of Southwestern Dallas, Texas, from July 1, 2009-June 30, 2012, with great success, awards and accolades.
o As soon as Judge Hagler took over 800 cases from Judge Goodman who retired (March 2012), my case was promptly heard on May 21, 2012. In every single hearing Judge Hagler has threatened me with sanctions and all my motions have been denied while all the defendant’s motions were wholehearted approved. I am the one who did the right thing and tried to protect patients; the hospital bosses are those who were negligent and reckless.
o There are numerous examples of the injustice I suffered in Judge Hagler’s court such as a revived confidentiality agreement that was made invalid ab initio by the prior judge. His actions also improperly placed my complete file under seal. He has unfairly placed me on a Temporary Restraining Order for more than two and a half years. Moreover, Judge Hagler disposed my case on February 6, 2014, and reactivated it only after my intervention. Judge Hagler denied my supplemental discovery which was essential to my case since the hospital closed their financial district and its residency programs. But at the same time per the opposing side’s demand, Hagler on three separate occasions ordered that the hospital could obtain my personnel file from the Tallahassee Memorial Hospital where I worked eight years ago without an issue. It was an unsuccessful fishing expedition on the part of my opponents to find something negative about me. Judge Hagler also ordered a third day of my deposition which is unheard of. I was grilled by the defendant’s counsels who tried to force me to admit to their false allegations.
o Such an amalgam of peculiar circumstances happened in my pending case and it cannot be explained by any reasonable person as anything else than rampant corruption, corruption that is preventing me, the whistleblower, and the public from obtaining justice. I had no choice other than to file a motion and demand Judge Hagler’s recusal since he never disclosed his relationships. His failure to act ethically by recusing himself has resulted in a grievous injustice.
o This is a true David v. Goliath story. Unfortunately as a whistleblower I do not have the legal right to have a jury trial at this time.
o If Hagler does not recuse himself he may stay as the trial judge. In that case, I will be crucified and the former hospital bosses who are responsible for criminal activities will come to the trial to feed him with lies and help him destroy my case.
o All public efforts to support justice are highly appreciated!
Dr. Sue Mehulic, M.D.