Dayton Ohio Veterans Administration Dental Clinic Has $6.6 Million in Outstanding Malpractice Claims

There are sixteen outstanding claims while six have already been dismissed.

Of the 72 claims, 22 involved the Dayton VA’s dental clinic. The vast majority, if not all, of those 22 dental clinic tort claims appear to be related to an infection control scandal at the clinic which became public in 2011.

That scandal followed revelations that a dentist in the Dayton VA’s dental clinic allegedly failed to change gloves and sterilize dental equipment between patients. That alleged poor infection control potentially put many veterans at risk between 1992 and 2010.

Sixteen of the dental clinic claims are pending, while six have been dismissed. Those 16 claims seek a total of $6.66 million for alleged damages.

More medical malpractice cases could be filed related to the dental clinic scandal. Claimants have two years to file claims from the time they become aware of an injury and learn the cause of the injury, according to the VA.

And. look in the piece the number of medical malpractice claims that have been settled.

To say the least, there needs to be a top to bottom review of this facility.

Ohio Veterans Administration Continues to Investigate Dental Infection Control Lapses

Well, it has been about a year since the flap began.

And, the investigation continues - asking the question: Did three veterans who tested positive for hepatitis contract the disease during visits to the hospital’s dental clinic?

One year after the Dayton VA Medical Center publicly disclosed infection control lapses that risked the health of hundreds if not thousands of veterans, hospital officials soon expect the answer to a key question: Did three veterans who tested positive for hepatitis contract the disease during visits to the hospital’s dental clinic?

The U.S. Department of Veterans Affairs has turned to the Centers for Disease Control and Prevention for help in answering that question. While an internal VA investigation has not identified a link between the three positive cases and the care they received at the dental clinic, a team with the CDC’s viral hepatitis branch for several months has been conducting a more in-depth analysis, called “ultra-deep sequencing.”

That genotype sequencing should show whether the specific hepatitis strains found in the veterans are identical or very similar to those found in other veterans seen previously in the clinic who  contracted the disease elsewhere. A match would seemingly prove that poor infection control practices in the dental clinic was res-ponsible for the spread of one patient’s hepatitis infection to another patient.

The analysis is nearly complete, and VA officials expect results “within the next several weeks.”

“They say they’re close to getting us an answer,” said Glenn Costie, who in December became director of the Dayton VA.

The Dayton VA on Feb. 8, 2011, confirmed the infection control lapses and offered testing to 535 veterans it said could be at risk for hepatitis or HIV. Those patients had been seen by Dr. Dwight Pemberton, now 82, who allegedly failed to change latex gloves and sterilize dental instruments between patients for several years until whistle-blowers reported the alleged problems to outside VA officials in July 2010.

Pemberton, who retired just
days after the VA publicly acknowledged potential infections, has vehemently denied the allegations.

Here is the report of the U.S. Department of Veterans Affairs (VA) Office of the Inspector General (Pdf) from April 25, 2011.

Stay tuned.....

Calls for more testing at Dayton VA: wdtn.com

Dayton Veterans Administration Dental Whistleblower Killed in Car Accident

Interesting and I wonder if this is a coincidence or not?

The dental lab technician who helped call attention to poor infection-control practices at the Dayton VA Medical Center last year was killed in a one-car accident in Beavercreek Saturday morning.

 According to the story in today's Dayton Daily News , Wallace “Ray” Perdue of Fairborn was killed after the car he was driving left the road and struck a tree in the 2200 block of Kemp Road, just west of Beaver Valley Road, at 11:54 a.m. Saturday.

He was 45. Police said he died at the scene.

His wife, Sherry Perdue, was also in the car.

She was examined at Miami Valley Hospital after the crash, then discharged on Saturday.

She and Ray Perdue , along with a third whistle-blower, told VA inspectors in the summer of 2010 about dentist Dr. Dwight Pemberton’s failure to sterilize instruments and change latex gloves between seeing patients.

Report: More Testing Needed at Dayton VA Medical Center Over Infection Control Dental Clinic Flap

The flap over the Dayton Veterans Administration Medical Center's dental clinic continues.

The Greater Dayton Area Hospital Association released a report Monday calling for the Dayton VA to notify and test thousands of dental patients, who could have been put at risk by poor disease control practices.

GDAHA has been investigating the Dayton VA since dentist Dwight Pemberton was accused of not changing gloves between patients and thereby putting them at risk for infection from diseases like hepatitis or HIV.

Since then the Dayton VA has contacted and tested roughly 535 veterans who underwent invasive medical procedures, like root canals, and could have been infected. Three tested positive for hepatitis, although whether they contracted it from the clinic is unknown. Still the Dayton VA has offered to take care of them.

Dayton VA officials also say that they've offered to test any veteran who was a patient at the clinic, but GDAHA's latest report says the VA hasn't gone far enough. It wants the Dayton VA to go the extra step of contacting and then testing the thousands of patients who visited Pemberton while he was at the VA.

"My office will continue to push the VA both in Washington and here locally to expand the testing," Rep. Mike Turner (R, 3rd District) says.

Turner and GDAHA also say the Dayton VA has yet to turnover some documents they've requested. VA officials say they haven't done so because those documents are "protected."

This has been a "train wreck" from the start and all of Dr. Dwight Pemberton's patients should be tested, if they request it. This lack of prudent oversight and supervision of the dentist will cost the VA system and American taxpayers $ millions.

Here is the television coverage of the flap:

Calls for more testing at Dayton VA: wdtn.com

Promotion of Former Director of Dayton VA Medical Center Guy Richardson Criticized

Guy Richardson, former director of the Dayton VA Medical Center

You remember the flap.

Why they are promoting Guy Richardson is anyone's guess.

I am extremely disappointed to hear that the VA has given Guy Richardson a second promotion after what occurred at the Dayton facility under his leadership,” Turner said in a prepared statement Wednesday. “ ... It seems that the VA believes evading lingering questions — and promoting staff who may have been responsible for failing to supervise their facilities — is a responsible answer to a community still outraged that this has even occurred.”

The VA did not immediately respond to a question Wednesday about whether Richardson’s new job was a promotion, though his new salary suggests it’s a lateral move. It also wasn’t clear what Richardson’s new job duties would be.

Richardson, who became director of the Dayton VA in 2005, is a native of Baltimore.

The Peter Principle in the Federal Government - Shocker.

Video: New Bill Makes Poor Dental Infection Control at the Veterans Administration a Crime

Well, it was criminal what Dr. Dwight Pemberton allegedly did. But, he has denied the charges. 

Dayton congressman Mike Turner announced a new bill that would make unsanitary dental practices a crime.

The recent accusations at the Dayton VA Center prompted Turner's bill.

Officials say VA dentist, Dwight Pemberton, did not change gloves or sterilize equipment properly between patients, exposing them to the risk of infection.

Rep. Turner says he is upset the dentist was allowed to retire with benefits.

His bill would make similar crimes more like an assault charge, punishable by up to a year in jail and a $1,000 fine.

"Once the VA has the prospect of criminal prosecution as a real possibility, their administrative processes will handle these issues differently and respond more favorable," said Turner.

Whether this bill has any teeth is debatable. The VA Hospital oversight of the dental department was horrid and corrective measures should have been undertaken years before.

Was it the law, or just poor VA managers and federal bureaucracy?

Rep. Mike Turner to Introduce Legislation After Dayton Veterans Administration Scandal

You would think that these laws would already be in place.

U.S. Rep. Mike Turner today will announce federal legislation that would let the government fine and imprison for up to one year Veterans Health Administration employees who intentionally fail to follow infection control practices.

Turner, R-Centerville, is introducing the bill in part as a result of revelations early this year that at least 535 veterans were put at risk by alleged poor infection control practices at the Dayton VA Medical Center’s dental clinic.

The dentist at the heart of the scandal, Dr. Dwight Pemberton, was reassigned after whistleblowers came forward in July 2010. Pemberton, 81, retired in February, before the VA took disciplinary action against him.

Pemberton has denied allegations he failed to change gloves and sterilize equipment between patients. He has voluntarily retired his Ohio dental license.

After the whistleblowers came forward, the Dayton VA closed the dental clinic for three weeks and offered testing for hepatitis B, hepatitis C and HIV to 535 veterans who had received invasive dental work from Pemberton since 1992.

The Dayton VA has said three positive cases — two for hepatitis B and one for hepatitis C — may be linked to the dental clinic.

In the wake of the scandal:

• the Dayton VA’s director, Guy Richardson, was reassigned to a regional VA headquarters job in Cincinnati;

• the VA’s chief of staff, Dr. Steven Cohen, retired shortly after the whistleblowers came forward;

• the dental service chief, Dr. Andrew Mesaros, was fired after a VA investigation found he hadn’t done enough prior to July 2010 to address dental clinic employees’ concerns about Pemberton’s alleged infection control lapses.

Government run health care dentistry, like the V.A.?

No thanks....I'll take the private sector and the controls the market exert on the practice of dentistry.

Video: Update on Dayton Veterans Administration Dental Clinic Investigation

Update on Dayton VA dental clinic: wdtn.com

You remember the Flap?

And, now there is more to the investigation, if you call it that.

Several bound documents offer the latest in the ongoing investigation into the Dayton VA dental clinic. This is updated information from the VA about a dentist and  the issue of veterans who may have been exposed to bloodborne illnesses because of the doctor's poor hygiene practices.

According to Congressman Mike Turner,  "Today, we give them additional documents for their initial investigation that should broaden the report for the health at risk that the VA has recognized and offered testing".

VA employees complained for years about Dwight Pemberton, a dentist who for 18 years, had not been practicing proper hygiene, using gloves without changing and not sterilizing some equipment. Since then, 9 of those patients who were tested showed positive for hepatitis B and C, two life threatening liver diseases.

But Congressman Turner and the task force from the Greater Dayton Area Hospital Association want accountability, no retaliation for employees to report incidents and expansion of the number of veterans to be tested.

But, the dentist involved denies the charges, but there are incidences of Hepatitis.

It looks to me that the Obama Administration needs to get involved here and do a proper investigation.

Dayton Veterans Administration Dentist Dr. Dwight Pemberton Denies Unhygienic Dental Practices

Dr. Dwight M. Pemberton

I have to admit the previous charges against the dentist have been pretty outrageous. Now, there is some doubt as Dr. Pemberton speaks out.

The dentist accused of failing to change gloves and sterilize dental instruments between patients at the Dayton VA Medical Center angrily denied those claims in his first interview since the scandal broke.

Dr. Dwight M. Pemberton claimed co-workers at the dental clinic accused him of infection control lapses last year to create trouble for the dental clinic’s supervisor, Dr. Andrew Mesaros.

“They all had axes to grind,” Pemberton said of his co-workers, many of whom he claims have checkered work histories. Pemberton claimed accusations against him of infection control lapses “would make Mesaros look bad. ... It worked.”

But the two dental lab technicians who blew the whistle on Pemberton, husband and wife Wallace “Ray” and Sherry Perdue, denied their allegations were meant to bring down Mesaros.

“Dr. Mesaros had done some things against me that I felt were wrongly done, but  that had nothing to do with Dr. Pemberton and infection control issues,” Ray Perdue said.

“I didn’t have anything against Dr. Mesaros to take him down for any reason,” Sherry Perdue said. “He should have done something about the infection control” issues.

The Dayton VA recently fired Mesaros, the first termination in a scandal that so far has also led to the reassignment of the Dayton VA’s director, plus testing to see if 535 veterans may have been exposed to bloodborne pathogens.

So far, two patients have tested positive for hepatitis B, while a third has tested positive for hepatitis C.

Testing is under way to try to determine if those three patients were infected at the dental clinic or elsewhere.

Pemberton worked on more than 3,200 patients between 1991 and 2010. He said he’s not infected with hepatitis B or C, or HIV.

Pemberton gave the Dayton Daily News copies of documents in which dental clinic workers were asked if they had ever observed any dentist leaving used or dirty dental equipment in a dental operatory overnight, and then using that equipment the following day without having it cleaned. Nineteen of the 20 people who completed the statement indicated they had not, while the 20th did not answer the question.

The VA claimed it had no knowledge of those documents, and said they weren’t part of its investigation.

OK, now there has to be a further investigation of this facility and its staff. All of the parties involved need to be subpoened before Congress, placed under oath and asked some pointed questions in public.

Dayton, Ohio Veterans Administration Hospital Failed at Dental Infection Control Policies

An official VA Inspector General's report was released yesterday.

A Department of Veterans Affairs hospital in Dayton failed to follow infection control policies, and procedures were violated by a dentist accused of failing for years to sterilize equipment and change gloves between patients, according to a Monday report from the VA inspector general's office.

The report, based on a December review at the Veterans Affairs Medical Center, follows the allegations being levied at the dentist last year by fellow employees. It says that dental managers knew about infractions but didn't respond appropriately and that required annual training on infection control had not been completed by many hospital employees.

Employees said dental instruments weren't properly cleaned between patients, sterilization was skipped even if instruments were used on dentures with blood and the dentist at times answered his cell phone or drank coffee with his gloves on, the report says. Employees told investigators a supervisor had been notified but didn't respond.

The inspector general's office recommends that hospital superiors address inadequate staffing issues and ensure policies are followed. It says an acceptable plan has been submitted by medical center directors.

The hospital said in a statement it agrees with the findings and staff has set a June deadline to complete recommendations. The center in February offered free testing for infections to 535 patients who underwent invasive procedures from January 1992 to

July 2010, and three have tested positive for new cases of liver disease. It has not released the name of the dentist, who retired in February.

The fact remains there need to be public hearings and the dentist, Dwight Pemberton, D.D.S. must be held accountable. The U.S. Senate Committee on Veteran's Affairs today has a planned hearing on the matter.

If Dr. Pemberton's supervisor's remain at this VA hospital they must be disciplined.

There remain many unanswered questions and full public hearings under the power of subpoena and under oath are required by the Congress and the President.

Ohio Panel Urges the Veterans Administration to Expand Testing of Dental Clinic Patients and Next of Kin

In the ongoing story of the Dayton Veterans Administration Medical Center and their dental clinic, there is a great call for testing.

An outside investigative task force Thursday urged the Veterans Administration to expand testing for possible infections from treatment by a southwest Ohio dentist accused of failing for years to change gloves and sterilize equipment between patients.

The Greater Dayton Area Hospital Association team's interim report also is seeking more documents, memos and information about policies and audits from the Dayton VA Medical Center, saying the material provided so far "is not complete and does not provide a clear picture or context on this situation or how it continued for such an extended period of time."

The VA has offered free screening to 535 patients who received invasive dental work such as extractions and fillings from the dentist from January 1992 through July 2010. The report Thursday urged testing for all patients seen by the dentist as well as deceased patients' next-of-kin. The Dayton Daily News reported that could mean thousands of tests.

Bryan Bucklew, president and CEO of the hospital association, said in a statement that expanding the scope of testing "will help ensure our region's veterans and their families are provided the highest quality of follow-up care after this incident and demonstrate the Dayton VA Medical Center's commitment to rectifying this situation."

The investigative task force includes doctors, nurses and other health care professionals and officials.

But, the Veterans Administration has quickly rejected this recommendation.

The Department of Veterans' Affairs is standing by its decision to limit the number of dental patients tested for infections after treatment in a southwest Ohio medical center.

The VA has offered to screen 535 patients who received invasive procedures over an 18-year period from a dentist who allegedly failed to change gloves or sterilize instruments at the Dayton VA Medical Center.

The department released a statement late Thursday following a task force's call for broader testing. The VA says it's important not to scare or cause undue stress to veterans who are not at risk. It says Dayton area veterans can rest assured that its decision was carefully reached.

The Veterans Administration was extremely negligent in allowing Dr. Dwight Pemberton to practice below the standard of care for decades. They owe the veterans and their relatives the solace that they have not been infected by his careless, reckless and negligent practice of dentistry.

If the VA will not do this on their own, I am positive either a Congressional Investigation will make such a recommendation to the President or a federal court will order the testing.

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