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Health See other Health Articles Title: Disabled daughter dies just hours after state takes her from mom By Carol Marbin Miller, Miami Herald Even after Marie Freyre died alone in a nursing home 250 miles from the family in North Tampa that loved her, Marie's mother had to fight to bring her home. In March 2011, state child protection investigators took 14-year-old Marie from her mother, Doris Freyre, claiming Doris' own disabilities made it almost impossible for her to care for Marie, who suffered from seizures and severe cerebral palsy. But a Tampa judge signed an order that Marie be returned to her mother, with in-home nursing care around the clock. Florida health care administrators refused to pay for it, although in-home care can be demonstrably cheaper than care in an institution. Child welfare workers ignored the order completely. Two months later, Marie was strapped into an ambulance for a five-hour trip to a Miami Gardens nursing home, as her mother begged futilely to go with her. Marie died 12 hours after she arrived. "Since the state of Florida took custody of my daughter, I would like the state of Florida to bring me back my daughter," Freyre, 59, said at a May 9 court hearing, 12 days after her daughter died. "They kidnapped my daughter. She was murdered," said Freyre. "And I want my daughter back." The last days of Marie Freyre, chronicled in hundreds of pages of records reviewed by the Miami Herald, are a story of death by bureaucratic callousness and medical neglect. The episode sheds significant light on an ongoing dispute between Florida health care regulators and the U.S. Department of Justice. Though the state claims that the parents of severely disabled and medically fragile children have "choice" over where their children live and receive care, federal civil rights lawyers say Florida, by dint of a rigged funding system, has "systematically" force-fed sick children into nursing homes meant to care for adults — in violation of federal laws that prohibit discrimination against disabled people. Civil rights lawyers are asking the state to allow a federal judge to oversee Florida's Medicaid program, which insures needy and disabled people. It pays as much as $506 a day to put a child like Marie in a nursing home, but refuses to cover lesser or similar amounts for in-home care. Late Friday, state health regulators wrote their final letter to the Justice Department in response to a deadline. The state, they wrote, "is not in violation of any federal law" governing the medical care delivered to needy Floridians, and cannot "agree to the demand … that a federal court take over the management of Florida's Medicaid service-delivery system." Without doubt, Marie Freyre was a fragile, sickly child. Born with cerebral palsy and fluid surrounding her brain, Marie had a shunt in her skull to drain the fluid and suffered from life-threatening seizures. One of her hips was permanently displaced, causing sometimes excruciating pain. Marie could smile, though she could not speak. Doris Freyre — who worked at a family store in Puerto Rico before becoming disabled herself— cared for her daughter well for 14 years, and Marie had suffered no seizures in recent years, records show. "Doris spent every day of 14 years of her life giving everything she had to Marie, guaranteeing that Marie lived as healthy and wonderful a life as God allowed her," said the family's Tampa lawyer, Peter Brudny. But in March 2011, one of the family's in-home nurses reported several concerns about Doris Freyre's parenting of Marie to the Department of Children and Families, setting in motion a disastrous chain of events. Hillsborough Circuit Judge Vivian Corvo began a hearing on the case on March 30, 2011, by praising Freyre for her care of her daughter. Corvo wanted to help Freyre — not punish her. The greatest challenge was Freyre's own health: Freyre suffers from six herniated discs, as well as carpal tunnel syndrome in her wrists. "The doctor told me to do surgery," Freyre said in court. "I told him no, because I have to take care of my daughter." Freyre had asked the Agency for Health Care Administration to provide her with 24-hour nursing aides. As it stood, Freyre had a gap between midnight and 7 a.m. where she needed help to reposition Marie and change her diapers. "It's not easy," Freyre told the judge. "I'm human." But AHCA administrators refused to pay for the additional hours. Corvo wanted to know why. "This is a nonverbal child, with all of these issues," the judge said. "Why would this mother not qualify for 24-hour care?" From the beginning, state child protection administrators wanted to send Marie to a nursing home. Freyre's attorney suggested such a move could kill her. "With this type of child, when you institutionalize them," attorney Steve Zucker said, "they never do well. And I'm very concerned." "Can the (state) do better than this?" he asked the judge. At the end of the hearing, Corvo required child welfare administrators to do better. She wrote an order that Marie be returned to her mother, with additional nursing care through the night. It was an order the state simply ignored. Records show state child welfare workers disregarded Corvo's order that Hillsborough Kids, which was under contract with the DCF, pay for the extra nursing hours while caseworkers looked into additional dollars from Medicaid. Two weeks later, the state Attorney General's Office and Hillsborough Kids appeared before a different judge, Emily Peacock. AHCA, which runs Medicaid, had refused again to pay for 24-hour care, a lawyer said. With no permanent solution in sight, the state said, a nursing home was the only option. "The best placement for the child right now is a … nursing home where she can get that 24-hour supervision and care that she needs," said Angeline Attila, an assistant attorney general. The new judge, who never asked why the state ignored a prior judge's order, agreed — though she granted Freyre the right to visit with her daughter all she wanted. But even that kindness proved meaningless. A DCF review of Marie's death said the only nursing home willing to take her was Florida Club Care Center in Miami Gardens. At first, the state Attorney General's Office, which was representing Hillsborough Kids, asked that the long trip be delayed so lawyers could seek permission from a judge to move Marie. But they were under significant pressure to get Marie out of Tampa General Hospital, where she was placed after child protection workers took her into state care. Records show the hospital complained bitterly that it was losing money on her care. A hospital social worker, records say, "was adamant about the child leaving the hospital today." So, at 11:30 a.m. April 25, 2011, workers at Tampa General Hospital loaded the teen onto a stretcher in a private ambulance — as her mother and grandfather begged them to stop. Even as caseworkers were packing Marie's belongings, her grandfather was frantically filing hand-written emergency motions in court to delay the trip, Brudny said. Doris Freyre, case notes say, "stated that no one knows my child like me," and that Marie's dislocated hip would cause her great pain if she were strapped to a stretcher for hours. She added: "If something happens to my daughter I am holding all of you responsible for it." Freyre had no car — and the private ambulance refused to allow her to join Marie — so Marie made the trip to Miami-Dade County alone. Records show the two ambulance workers refused to take Marie's seizure drugs with them; under the company's policy, they were not allowed to administer medications in any case. According to a report detailing Tampa General Hospital's care of Marie, the hospital neglected to ensure she was properly hydrated before she left. During her five-hour ambulance ride, she was given no water or food. A September 2011 investigation by AHCA of how Tampa General discharged Marie to the nursing home faulted the hospital for a number of violations, including failing to ensure the child had enough fluids and was properly medicated. The hospital's lack of "concern" for Marie, the report said, left her "in danger." The U.S. Centers for Medicare and Medicaid Services placed the hospital under the status of "Immediate Jeopardy" following the review, the highest penalty under federal health regulations, said an AHCA spokeswoman. The following October, the federal agency removed the designation after Tampa General implemented a corrective action plan. AHCA also is seeking to fine the hospital $5,000 in the case, and a hearing is scheduled for Jan. 14. Marie arrived in Miami Gardens the way she left Tampa: screaming. AHCA records for the next 12 hours mention only four notations in the nursing home file, and two of them document Marie "screaming." By 5:40 a.m. April 27, 2011, Marie was described as having "labored" breathing. Five minutes later, she was unresponsive. The AHCA investigation concluded she had been given none of her life-sustaining anti-seizure drugs, required three times each day. Marie was pronounced dead at 6:54 a.m. Cause of death: heart attack. Two weeks later, on May 9, 2011, Doris Freyre appeared one last time before a judge in Tampa — Peacock, who declared herself "terribly sorry" for Freyre's loss. "I don't accept your excuse," the mother replied. Freyre said she was in court to get her daughter's body back from the Miami-Dade Medical Examiner's Office. With no trust left for state officials, Freyre was seeking a private autopsy. "It's the mother's position that the (state) had the child removed without proper authorization," said her attorney, Laguerra Champagne. "She objected to the child being physically removed from Hillsborough County and transported to Miami. No court hearing was held and, unfortunately, we're here today, dealing with a dead child instead of a living child." Attila, the prosecutor who, weeks earlier, had fought so hard to get Marie to the nursing home, no longer wanted to discuss the matter. She told Peacock that a child welfare judge had no "jurisdiction" over a dead child and prosecutors would file a court motion saying so. "Not to seem insensitive; I understand the mother is quite frustrated and I understand that she's grieving," Attila said, "but the information that she's providing to the court is moot at this point in time." Despite Attila's protestations, Freyre had the last word. "I had her for 14 years — cared (for) and loved her," Freyre said. "And you have her … in prison, in the hospital, without going out in the sun, without being with other people, in prison. "Then, in (12) hours, you took her down to Miami and she died," Freyre added. "And I want the truth of this to come out. I want justice." Marie's body remained in storage for nine months while the medical examiner's office completed its autopsy, and Freyre held a memorial with no body. In the end, Marie's body was cremated in Tampa. Her ashes then were sent to Puerto Rico for a private family funeral. Post Comment Private Reply Ignore Thread Top • Page Up • Full Thread • Page Down • Bottom/Latest
#1. To: farmfriend (#0)
"I had her for 14 years — cared (for) and loved her," Freyre said. "And you have her … in prison, in the hospital, without going out in the sun, without being with other people, in prison. "Then, in (12) hours, you took her down to Miami and she died," Freyre added. "And I want the truth of this to come out. I want justice." When justice prevails, and it will, the callous sacks of shit that you folks vote for and support with your tax dollars will be in deep shit. Long Live Terri Schiavo's Spirit and DEATH TO TYRANTS. Terri Schiavo case From Wikipedia, the free encyclopedia Teresa Marie "Terri" Schiavo Born December 3, 1963, Lower Moreland Township, Montgomery County, Pennsylvania Died March 31, 2005 (aged 41) Pinellas Park, Florida Occupation Insurance clerk Spouse(s) Michael Schiavo (1984–2005, her death) Parents Robert and Mary Schindler The Terri Schiavo case ( /ȃajvoŠ/) was a legal struggle involving prolonged life support in the United States that lasted from 1998 to 2005. At issue was whether to carry out the decision of the husband of Teresa Marie "Terri" Schiavo to terminate life support for her. Terri was diagnosed by doctors as being in a persistent vegetative state. The highly publicized and prolonged series of legal challenges presented by her parents and by state and federal legislative intervention effected a seven-year delay before life support finally was terminated. Terri Schiavo collapsed in her St. Petersburg, Florida, home in full cardiac arrest on February 25, 1990. She suffered massive brain damage due to lack of oxygen and, after two and a half months in a coma, her diagnosis was changed to vegetative state. For the next few years doctors attempted speech and physical therapy and other experimental therapy, hoping to return her to a state of awareness. In 1998 Schiavo's husband, Michael, petitioned the Sixth Circuit Court of Florida (Pinellas County), to remove her feeding tube pursuant to Florida Statutes Section 765.401(3).[1] He was opposed by Terri's parents, Robert and Mary Schindler, who argued that she was conscious. The court determined that she would not wish to continue life-prolonging measures,[2] and on April 24, 2001, her feeding tube was removed for the first time, only to be reinserted several days later. On February 25, 2005, a Pinellas County judge ordered the removal of Terri Schiavo's feeding tube. Several appeals and federal government intervention followed, which included U.S. President George W. Bush returning to Washington D.C. to sign legislation designed to keep her alive. After all attempts at appeals through the federal court system upheld the original decision to remove the feeding tube, staff at the Pinellas Park hospice facility where Terri was being cared for disconnected the feeding tube on March 18, 2005, and she died on March 31, 2005. Treason has conspired with Greed and colluded with Murderers to overthrow "OUR" country. "Bankers" - Kill em all and let Satan sort em out" !!!
Dear Doris, I regret to inform you that the two concepts you are searching for were euthanized on September 11, 2001, once and for all, and were laid to rest for all eternity in Amerika. That is why your daughter Marie had to die. It was expedient. Without Truth or Justice there to stand guard, your daughter didn't stand a chance. None of us do. I know you did everything that you could possibly do against impossible odds. I hope you can take some comfort in the fact that Marie is now in a far better place along with the millions of other men, women and children murdered by the government of the USA because it was "expedient." Marie's suffering is ended, and she is now freed from the limitations of her mortal body. Our pain will continue on a bit longer, but will end soon enough, at which time you will rejoin with your beloved daughter. I won't forget. With deepest sympathies, Beautiful letter. RIP “The most dangerous man to any government is the man who is able to think things out... without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, intolerable.” ~ H. L. Mencken I've worked in nursing homes and home-health care. Home health care is a lot better. A small nursing home will have 50 residents. Multiply that by $500 a day and see what you get. There are actually govt agents who spread conspiracy theories among the gullible to help promote the illusion that the govt is all powerful.
as have I and I agree. Does anyone honestly believe that the global elites whose wealth and power depend on manipulation of the global chess board would leave something like the Presidency up to chance?
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