• Blog
  • About
  • Contact

The Email

10/30/2016

10 Comments

 
Once again, for those new to this blog site, at present there are 33 posts on the blog and each has its own set of comments. To read the comments you have to hit the word "Comments" at the beginning or end of the post. Somewhat confusing is that when you bring up the comments for a specific post it eliminates the other posts from the screen. To bring the other posts back up simply go back to the top of the page and click on Blog. Feel free to comment should you wish. No email address is required to make a comment so anonymity is strong. Due to some previous abuse of this right to anonymously comment, I have had to include an approval option, but I try to approve within 24 hours. Finally, to understand the development of the blog it is best to read it from the bottom post (Dr. Paul Kearney Case) up. One point of note here, to read the earliest posts you have to click on the word "<<Previous" at the very bottom of the posts available.

In the comment section of our previous post containing Dr. Capilouto's deposition, one of our blog commenters, El Topo, recognized the significance of an email that Dr. Kearney's lawyer brought up in his questioning of Dr. Capilouto. This email was to Mr. Cliff Iler, the university's Associate General Council representing the legal arm of the hospital in the Medical Staff Executive Committee meetings that tried, convicted and sentenced Dr. Kearney to the death sentence he is now serving. He is also the hospital legal representative in most if not all of its legal matters, including those associated with KMSF. The reason that this November 3, 2014 email is so important is because, "take the deal or I will ruin your career" Professor/Adjunct Instructor General Council Thro informed the Board of Trustees that Dr. Kearney's allegation of Whistle Blowing only occurred AFTER his privileges were suspended in February of 2015!  As I have been told, the BoT did have some knowledge of this document in August of 2015 when they returned Dr. Kearney's Tenured Professor privileges, that of course Dr. Capilouto subsequently usurped and modified. This email, should it exist, in the parlance of Sherlock Holmes would appear to be a "smoking gun". 

El Topo's blog request concerning this email has produced a MiKi Leaks anonymous email sent to my gmail account. This email contained what is termed "an exact copy of an email sent by Mr. Bernard Pafunda to Hospital Attorney Mr. Clifton Iler on November 3, 2014". I have posted it below.

November 3, 2014
Mr. Clifton Iler
Hospital Counsel
Re: Paul A Kearney MD, D.Sci, MS, FACS
Professor of Surgery
University of Kentucky College of Medicine

I write to advise that Dr. Kearney rejects your recent offer. I also write to advise that

the offer merits no “in kind” reply. Rather, it is obvious that the most recent
complaints regarding Dr. Kearney, upon which this “action” is grounded, not only
lack basis in fact but constitute a contrived effort to maliciously document Dr.
Kearney’s personnel file with allegations of wrongful conduct, unsupported by the
University’s own investigation(s) for the sole purpose of removing Dr. Kearney (a
senior member of the Faculty Council and Chairman of the Department of Surgery
Practice Plan Committee) from his position in “retaliation” for his public disclosure
of Dr. Karpf’s impropriety i.e. attempting gain control of KMSF practice plan funding
contrary to University regulations.

Also disturbing is the timing of the September 4th and 5th complaints, solicited and

fabricated by the University, to cover its retaliation against Dr. Kearney, for
publically disclosing Dr. Karpf’s purposeful disregard for University regulations in
an effort to secure control of the KMSF funds.

​The following is undisputed:


1. During a faculty council meeting Dr. Karpf threatened to terminate Dr. Kearney

after he disclosed to the counsel Dr. Karpf’s lawless effort to misappropriate KMSF
funds in direct violation of University regulations. The “threat” was made in the
presence of the faculty council members and Bill Thro, University General Counsel.

2. Shortly thereafter a student is alleged to complain that Dr. Kearney included a

discriminatory remark during a lecture. A review of the circumstance revealed that
no other student complained. Rather, those in attendance rewarded Dr. Kearney’s
lecture with a vigorous ovation at its conclusion. Review of the lecture recording
confirmed that the “complaint” was unfounded. This current “action” is in part
grounded on that “meritless” claim.

3. On September 5, 2014 a patient, James Wilson, complained about Dr. Kearney.

The complaint did not involve patient care of treatment but rather Dr. Kearney’s
abrasive remarks made in course of inserting a feeding tube in severely a injured
hepatitis B and C positive young man when the patient attempted to bite a resident
physician who was assisting Dr. Kearney. The patient was safely and successfully
treated. This current action is in part grounded on that “meritless” claim.

4. Dr. Kearney by agreement was placed on administrative leave to permit an

investigation of the James Wilson event to proceed. Dr. Kearney agreed to the
temporary administrative leave to insure independence of the investigation and to
protect the University from potential criticism from the patient that the findings
might be influenced by Dr. Kearney’s presence in the department. The investigation
is concluded. No disciplinary action or charge has followed.

5. A “few” days later Dr. Karpf contacted Greg Goodman and tells Mr. Goodman

that Dr. Kearney struck a nurse. Dr. Kearney’s personnel file confirms that there was
a allegation lodged at one time. However, that the University’s investigation
determined the allegation was unfounded and that no disciplinary action followed.
The more disturbing aspect of this event is Dr. Karpf’s conduct in sharing the
contents of Dr. Kearney’s confidential personnel file with someone outside the
University - “particularly” because the shared information was unsubstantiated.

6. The University’s recent effort to manufacture a “fictitious” paper trail

comprised of solicited claims and allegations of improper behavior lacking factual
validity is nothing more than a “veiled” effort by the University’s to cover its
retaliation against Dr. Kearney because of his disclosure of Dr. Karpf’s attempt to
assume control of KMSF funds in violation of University regulations.
In reply we demand that Dr. Kearney be immediately returned to work without
change of job status, title or compensation, that his personnel file be purged of any
record of false and misleading contents, and that the University be restrained from
further action designed to damage, alter or impact Dr. Kearney’s employment
relationship with the University and/or his reputation.
10 Comments
Spoon Snake
10/31/2016 06:32:09 am

We need more details about the actual "mishandling" of KMSF finances.

The only possibly smoking gun that has emerged in the whole case is the Darryl Griffith assertion that KMSF enabled UKHC to circumvent state procurement laws. Why not take that information straight to the attorney general's office of criminal investigations?

Reply
Dan Noonan
10/31/2016 12:52:48 pm

Thanks for the comment Spoon Snake. I am not certain of what specific evidence either side has in this legal action, and I would not suppose that they might reveal all that they have. Nor do I know enough about this type of lawsuit or the adjudication of it to even guess what is necessary to win. Therefore I would not even want to speculate on the strength or weakness of Dr. Kearney's case. Having said that though, I do think it is interesting that three of the major players involved in the implementation of this vendetta against Dr. Kearney have either left the scene of the crime or are ducking into hiding. I am sure a few out there will declare this is just coincidental, but I think not.

For the sake of all future faculty members who may be compelled to challenge the authority of this university's administration, I hope that Dr. Kearney is successful in his lawsuit. But even if not, it is like we have stated multiple times, winning does not always require winning.

Reply
Dan Noonan
10/31/2016 05:49:14 pm

Tony Harrison, Spoon Snake, El Topo, Voice of Reason, The Mole, Mole Sauce, Anal Onion Head, Hippa Critical etc., etc. I sort of tire with regard to your attempts to diminish the efforts of this blog and any attempt to expose corruption in the administration of the University of Kentucky and UKHC. Please start your own blog if you wish to do this. I am sure you will be amply rewarded. Thank you.

Reply
Stieg Larsson
11/2/2016 08:21:13 am

You can’t make this stuff up.

We have a physician faculty member who identifies money mismanagement practices by the senior administration in the hospital he is working in.

He is viewed as a liability and the lawyers are brought in to get rid of him. As a first line of action, they use an incident of improper language in a trauma ward while saving a life to generate the threat of disciplinary actions that they hope would give them the leverage they needed to scare/“negotiate a settlement” out of the university.

When that didn’t work they pad his personnel file with unsubstantiated historical claims of bad behavior as well as soliciting other claims of such behavior in fictitious classroom reports. The lawyers and their compatriots then assemble a kangaroo court at which the only evidence presented is the evidence that they have themselves assembled, and for the personal touch they bring in two administrators, both of whom played a major role in assembling these data, to give testimony to its accuracy.

This court proceeding was then used to permanently kick this individual out of the university. Unfortunately for these people, a few advocates of faculty rights on the Board of Trustees pointed out that the lawyers in their arrogance overstepped their authority. This resulted in the Board returning the individual’s tenured faculty rights.

Not done yet, the lawyers then convinced the university president to overrule the Board’s decision and impose his own set of restrictions on this individual’s tenured faculty rights.

Meanwhile, playing out on the side we have another war being waged. As it turned out, others began to investigate the validity of the hospital money mismanagement allegations this physician had brought up. These investigations opened a Pandora’s box of lawsuits wherein the university lawyers began suing the local newspaper, a former student and even the state’s Attorney General. All of these lawsuits were directed at preventing disclosure of money management practices of the hospital. Sound familiar?

The heat began to rise as: a) money mismanagement issues began to surface in spite of these lawsuits, b) the physician filed his own lawsuit against the university, c) depositions began to be required for the gathering of evidence for this lawsuit and d) some of the irregularities with respect to the kangaroo court evidence began to surface. Perhaps not too coincidentally, about this same time some of the major players in this administration circus began to either leave the university or leave their position of authority in the university.

And yet in spite of: a) this clear miscarriage of justice, b) a petition of over 1000 documented signatures from people both locally and throughout the world, c) over a hundred personal letters sent to the university president, d) major support from university faculty, e) major support from university physicians and f) major support from university resident students, the university president and his lawyers refuse to return patient and teaching privileges to this physician.

Like I said, “you can’t make this stuff up”.

Reply
Dan Noonan
11/2/2016 10:43:18 am

Thanks for this comment Steig Larrson. What are you naming this one may I ask, "The Man With The Administration Tattoo" or "The Man Who Stirred Up The Hornets Nest"?

Reply
Da Illest
11/2/2016 12:14:15 pm

Do you have a list of the talent that has left UK Healthcare in the last few years? I saw a list somewhere but can't seem to find it now. The list is extensive and impressive (in a very pathetic, embarrassing, and sad way of course).

Reply
Dan Noonan
11/2/2016 02:19:46 pm

Thanks for your comment Da Illest. This is an old list that I was sent back in early June. I believe there have been several other departures since. I am sure you have to add Bernard Boulanger to this list.

David Vargas MD - Colorectal -Now at Ochsner Clinic New Orleans
Heather Wright MD - Breast Surgeon -Now in private practice Florida
Shaun Mckenzie MD - Oncology -Now is Austin Texas
Shane O’Keefe MD -Vascular -Private Practice Bowling Green Kentucky
Dan Kenady MD - Oncology - Hazard Kentucky
Ehab Sorial MD - Vascular -San Francisco
Ching-Wie Tzeng MD - Oncology -Leaving for MD Anderson
Levi Procter MD - Trauma/Critical Care - Leaving for VCU
Jesse Goddard MD - Trauma - Leaving for Penn State York PA
Cherry Song MD - Trauma - Leaving for Private Practice Trauma
Paul A Kearney MD - Trauma - Limbo

The Division of General Surgery has lost more faculty in the last 4 years than in the 25 years prior to 2012.


Other recent Surgical Departures

Chand Ramaiah MD - Cardiothoracic - St Thomas, Nashville
Jerry Martin MD - Cardiothoracic - Southeastern Ohio

Urologic Surgery

Ramakrishna Venkatesh MD - Urologic Oncology - Wash U, St Louis

Ophthalmology

Jayakrishna Ambati MD - Opthalmology - University of Virginia

Reply
Dan Noonan
11/3/2016 03:17:56 am

The Cubs Win The World Series!!!!!!!!!

Sometimes miracles do happen. Keep that in mind Dr. Kearney supporters.

Reply
Kernesis P. Noonage
11/3/2016 11:20:54 am

http://medicine.mc.uky.edu/comcdb_uploads/uploads/files/Schwartz_event_poster.pdf

Seems to me that this would be a good opportunity for a show of support for Dr Kearney!

Reply
Superkarpfykarpfaliciouskarpfspialidocious
11/4/2016 01:56:30 pm

Look what just turned up in my email inbox

If only Paul Kearney had known about this "compliance hotline" :-)


Learn from the Corporate Compliance team this coming week
Colleagues:

We have an incredible responsibility to serve the people of the Commonwealth. In doing so, it is essential that we demonstrate the highest integrity in all of our services.

UK HealthCare’s Corporate Compliance ensures this integrity by demonstrating our commitment to remain honest in our business relations with patients, the community, employees, the government and third-party payors. Additionally, the Corporate Compliance team works to centralize and intensify our efforts in preventing and detecting illegal, unethical or abusive conduct.

Each of us has to do our part to maintain integrity and honesty by reporting any conduct that we, in good faith, believe to be illegal, unethical or abusive. You will never be penalized for reporting suspected misconduct, but failing to do so can result in disciplinary action.

We understand that this can sometimes be difficult, so there are several options for filing a report. You may bring the matter to the attention of your supervisor, contact the compliance officer at 859-323-8002, enter a report online, or call the Comply-Line at 877-898-6072.

The Comply-Line is a toll-free phone reporting service operated by an independent contractor and is available 24 hours a day, seven days a week, every day of the year. Comply-Line reports, as well as those made directly to the compliance officer, can be made anonymously.

As a leader, I am proud to say that I see integrity and fairness demonstrated by our team members every day. This helps our patients feel confident and comfortable in coming to us for all of their health care needs. It also allows us to feel safe and respected in our work and as human beings.

With this in mind, I encourage you to take advantage of all the special opportunities during National Compliance & Ethics week, Nov. 7-11. Throughout the week, UK HealthCare’s Corporate Compliance team will hold informational talks about compliance and ethics at UK HealthCare. Learn more.

Sincerely,


Michael Karpf, MD
Executive VP for Health Affairs
University of Kentucky / UK HealthCare®

Reply

Your comment will be posted after it is approved.


Leave a Reply.

    UKy College of Medicine Discussions

Proudly powered by Weebly