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Mark Lin is a Kaiser patient and he is lucky to be alive He has an aneurysm in his brain and it ruptured. Kaiser refused to provide timely medical care. He must now be careful to avoid a second rupture. It is leaking and could at any time cause a stroke or death. Only Kaiser's negligence is responsible for the condition that Mr. Lin is in today.
On Dec 16, 2014 while in Taiwan, Mr. Lin had a CT scan due to a severe headache.
At that time the Doctor told him that he had an aneurysm in his brain. Then on Dec 24 he had a CTA. At that time the doctor suggested that he do treatment then. Mr. Lin could not begin treatment at that time because on December 25, 2014, the following day he had a flight to the United States. His new insurance had been changed to Kaiser and became effective on January 1, 2015. Knowing this was taking place, Mr. Lin decided to have the treatment done in Kaiser.
Unfortunately, Kaiser did not activate his insurance before the aneurysm ruptured on January 5, 2015. He pushed Kaiser as best he could and Kaiser finally formally activated the account on January 13, 2015. (Note: Previously, between 2007 - 2010 Mr. Lin was with Kaiser. His account should have been activated on Jan 1, 2015 because he had joined before the enrollment deadline of December 5, 2014.)
In January of 2015 Mr. Lin suffered a ruptured aneurysm in his brain. The aneurysm is 2.5 cm in size. That equals about an inch which is indeed pretty large. He vomited in the evening of January 4, 2015. He stayed in his bedroom the whole day on January 5, 2015. Just after he finished dinner in his bedroom, the aneurysm suddenly ruptured. It splashed to the top of his head internally like sprinkling watering. He almost fainted. He immediately lay down on the bed. Lying down saved his life.
After the rupture, he could not see the doctor since the Kaiser account was still not activated. On Jan 8, he felt that it would rupture again. So he called Kaiser all day long on January 9, 2015. Many calls were placed to Kaiser and with many different issues from different staff employees of Kaiser. Eventually He got an clinic appointment at 7 PM on January 9, 2015.
He fell to the ground when it ruptured and was hospitalized, and placed in ICU where they didn't do much to help him.
Kaiser stated that their doctor missed the only opportunity to repair the aneurysm and did nothing to help Mr. Lin. The doctor claims that it now cannot be repaired. In March of 2016 it had become worse.
Mr. Lin wrote: “ I was told on Jan 10, 2015 at 9 AM that I missed the treatment opportunity (cure) by placing a coil inside the aneurysm. After it ruptured, only observation caould be done by MRA or cerebral angiogram. In fact , during phone calls with doctors of Kaiser Permanente, We also discussed how the internal blood in my head will be absorbed gradually. ““Kaiser messed up my treatment opportunity and made a forged medical report to cover up under perjury and intentionally hide from me and repeatedly lied after I found out. There is no treatment after rupture as Kaiser Dr. Patrick told me at 9 AM on Jan 10, 2015 while I was in an ICU bed.
It is time to tell the truth and claim justice.”
Mr. Lin has a CT/CTA report from before the rupture as explained at the beginning of this writing and one after the rupture which has been shown to at least two other doctors. All doctors state that there is no treatment for him after the rupture. They state that the internal bleeding will be reabsorbed into his body. He has several tape recorded phone calls with doctors, nurses and himself discussing how the internal bleeding will be absorbed with no further treatment allowed.
Since that time Kaiser's treatment of Mr. Lin seems to be highly questionable and unprofessional. Mr. Lin has attempted to retain legal representation but has consistently been declined. This is a rather common statement these days from a number of attorney's for any case. This problem is not specific to Mr. Lin.
Mr. Lin provided the following information:
“1. Ruptured aneurysm on Jan 5 2015 at home in San Jose CA
2. Right Leg, Hip, Arm and left face getting numb and double vision and high pressure on eyes and could not focus and hard to read. Severe headache and feel dizzy. Need to lay down on bed most of times. Can not sit up too long. It popped just like sprinkle water to my top of head. After I lied down and after it calmed down, the internal blood flows following my changing of my head position.
3. Second CT at 9 PM on January 9, 2015 by Dr. Anita Kulkami in Kaiser Permanente Santa Clara Medical Center, 700 Lawrence Expressway , Santa Clara, CA 95051
4. Second CTA at 11 PM on January 9, 2015 by Dr. Anita Kulkami in Kaiser Permanente Santa Clara Medical Center, 700 Lawrence Expressway , Santa Clara, CA 95051
5. Transfer to ICU unit of Kaiser Permanente Redwood City Medical Center at 1 AM on January 10, 2015, 1150 Veterans Boulevard Redwood City, CA 94063 and see Dr. Patrick Pezeshkian. At 9 AM, he told me that good news, the bleeding stoped and blood flow to alternative path. Bad news is that I lost treatment opportunity after rupture. He also wanted me to do the MRI in a regular bed. Then I started to complain about Kaiser messing up my treatment opportunity. Then he disappeared. I needed to sign under AMA to leave the ICU unit. In fact he was writing the false report in his office when I signed out of ICU.
6. There are many phone calls among nurses, doctors, my family doctor and myself after January 10 which I have the recording of as the proof. All we discuss are on how to do observations with Celebral Angiogram and also how the internal blood will be absorbed gradually and how the aneurysm will condense within two months.
7. We made requests for medical reports on January 12, 2015. But Kaiser hid the report on Jan 10 on purpose.
8. We did not know there is a false report until [the] Social security office showed me the false report from Kaiser in June 2015.
9. In June, I filed an internal complaint to Kaiser. But after one month, the response stated that my account is activated on Jan 1, 2015. And my aneurysm is non-rupture it now states. In fact, my account is finally formally activated on Jan 13 after we pushed repeatedly.
10. The truth is my aneurysm ruptured on January 5, 2015. And Kaiser tried to cover up themselves.
11. Even if as Kaiser claims that my aneurysm is NON-rupture, they then [still] on purpose deceived me for more than 6 months causing risk of my life because if non-rupture then I should be treated immediately by Celebra Angiagram and putting a coil into my Aneurysm. That is what Dr. Patrick Pezenshkin told me on January 10 at 9 AM - that I am lucky my bleeding stopped but unfortunately I lost treatment opportunity by cerebral Angiogram before the rupture. So Kaiser is shooting its own foot no matter rupture or non-rupture. All of them are lying and just try to cover up for themselves. I am complaining about all three doctors and Kaiser for their lying and deceiving and mess-up my treatment opportunity and made false medical report under perjury.
12. I had made many requests to meet with Doctors (Pezenshikin, Cullen and Flint). But it has been rejected on purpose by Director Amie Eigner. She has harassed and intimidated me many times.
13. Doctor Pezenshkin even hung up my call after we talked and knew who I am.
14. I have all the evidences.
Kaiser does not just have Mal-Practice, this includes fraud, perjury, and [other] wrong doings.
If Kaiser did not mess up then I could receive treatment by placing coil through Celebral Agiogram, I would be fine. But even after rupture, I still can not see a doctor. You know how many phone call I made on Jan 9?
The clinic Dr. saw me at 7 PM Jan 9, 2015. After talking to me, he sent me immediately to the ER after looking at the CT/CTA image before rupture.
Dr. Anita Kulkami in Kaiser Permanente Santa Clara Medical Center did the CT around 9 PM and told me and even showed me the images that everything is fine. I told her repeatedly that my aneurysm ruptured, splashing to my top of head like sprinkling water on Jan 5, I suffer all four day myself on my bed.
Then she did the CTA at around 11:30PM. but after CTA, she refuse to talk to me at all. She insist[ed] that I need[ed] to transfer to Redwood city immediately , not even letting me call my wife to come back to hospital to bring my cell charger and other things.
If she discuss with me on the CTA result, I don't even need to go to Redwood city since the original path had stopped flow.
It go alternative path already. She did see the CTA before and after rupture. She knew it clearly. But she just refused to talk to me and got mad at me when I tried to ask her about it.
Then when I arrived in Redwood City around 1:30 am on January 10, I found myself in ICU unit. Only two beds in that great huge new building. I cannot do anything and no drink and wait for doctor to come. Dr. Patrick eventually came to talk to me around 9 AM January 10. He told me there are good news and bad news. Good news is that my internal bleeding has stopped. The blood flow go alternative path. Bad news is that I lose treatment opportunity after rupture. Only observation can be done from now on. He suggest[ed to] me to do MRI and wanted to transfer me to a regular bed. He told me my aneurysm will condense itself within one or two months. I told him that if MRI I can do as an out-patient. Also I started to complain that Kaiser messed up and caused me lost treatment opportunity. Then He disappeared. Then I asked to leave ICU before 10 AM, but can not reach him. Nurse told me he is out of office. But in fact, false and fraud report started.
I was told that I needed to sign AMA to leave ICU. Eventually until after 12 PM to leave ICU.
Kaiser on purpose lied, deceived and made fraud and false report.
From January 10 to January 23, there are many phones calls between nurses, doctors, my family doctor and myself.
All we discuss is what and how to do observations (MRA or Cerebral Angiogram, etc) and since I lost treatment opportunity. My concern is the internal blood. I was told that my brain will absorb the internal blood gradually.
I did not know there is such a fraud report until June 2015 when a Social security officer showed me the fraud report in June.
After that, I filed the complaint to Kaiser, but after one month, the response is terrible. Even after I complain to you again in Nov, still the same. (Note: Mr. Lin first contacted us in November of 2016)
Mr. Lin filed with Social Security as he can no longer work. Kaiser refuses to provide accurate medical records to Social Security. Kaiser now claims that Mr. Lin did not have a rupture. Kaiser has refused to release to Mr. Lin a medical report dated January 10, 2016 even though it has been requested several times. Mr. Lin was informed by Social Security in May of 2016 that the January 10th report states that he did not have a rupture. The January 9th medical report does not state that at all. That seems very odd that one day he can have a rupture and the next they can claim the existence of a report yet not be able to provide it to the patient or anyone else except Social Security.
In June of 2015 Mr. Lin filed a complaint with Kaiser. Kaiser responded that on January 1, 2015 he did have insurance coverage but he did not have a ruptured aneurysm at that time. However, Kaiser did admit that he does have an aneurysm.
His insurance policy coverage is a mess. Some Kaiser departments claim he was covered on January 1st and others claim his coverage was on January 9th. Yet others claim he had no coverage at all. Kaiser has now decided that on January 13th his insurance finally became effective. This malfeasance on the part of Kaiser is probably why Mr. Lin has been denied care; why doctors have refused to examine him and provide any medical care. They screwed up the processing of his medical coverage which some departments records as him having no coverage at that time. In an attempt to cover up their insurance billing/coverage mistakes they put his life in danger, falsified medical records, claimed one important medical record exists when it obviously does not exist as they cannot produce it and denied life saving care.
This entire problem revolves around the Kaiser insurance coverage and whether the people who handle the paperwork know what they are doing. The physicians who acted unprofessionally by refusing life saving care are very responsible for the current state of Mr. Lin's health.
Mr. Tyson, the CEO of Kaiser was then contacted and he routed the complaint to the appropriate department. The response from Kaiser was the same in that the claim that he did not have a rupture was again made.
A formal request for an investigation into this matter was requested. Kaiser claimed that an investigation took place but in reality it was later learned that it never happened.
Mr. Lin then began searching for an attorney to represent himself. Being unsuccessful in locating an attorney to retain he then tried to press charges with the police department. The police refused to take a report.
He took the matter to the DA's office and they did not handle this matter very well. Instead of asking Mr. Lin a few questions about why he was there they instead threatened him. It was an unpleasant situation and Mr. Lin still does not understand why he has been treated so poorly by the authorities.
Eventually the DA's office did say that they would investigate if he filed a fraud report at the police station. However, when he went back to the police they refused to make a report and gave Mr. Lin a misdemeanor citation related to disturbing their department. He then attempted to file an attempted murder report against Kaiser because of the denial of medical care. The DA's office did give him a case number but he later learned that it was fabricated by an employee, probably just to make him go away. Mr. Lin wanted an explanation and update and the police were called and they threw him onto the floor, endangering his life further.
“On March 3, I try to get an update on that case number, but was false arrested and put in jail. After left jail at 4:45 PM, Kaiser called me at 5:45 PM and told me to call back for compensation. (I missed that call )
I called back a few days later and Kaiser apologize and told me to send request for compensation to Kaiser’s legal department in Oakland. I sent it at the end of March and was told it need 45 days to process. After 45 days, still no response , so I called all week , finally I received a letter around May 23 that I still need to go through binding arbitration.
On May 2, I show up in the court for trespass and refusing arrest and I was discharged and when I went to D.A. office , then I found out that the case number which D.A. gave me on Feb 19 is a fake case number. So I complaint and D.A. gave me the attorney General phone number to call. (D.A. lie again since they are not giving me state general attorney’s phone number. Instead they gave me Federal General attorney’s). And a few days later, I found that D.A. prosecuted me again. My court date was June 22. Then one after another court days and each time Public defender attorney told me that my case is a slam-dunk. D.A. will drop any time soon. Even Judge also told D.A. prosecutor to dismiss unless they want D.A. Jeffrey Rosen at stand in the court. But on September 1st, PD told me that D.A change the charging (no more trespass nor refusing arrest, instead charging me interfere the business, intimidate officers etc.) What a joke. Even I can not call the key witness Terrence Simpson (D.A. Investigator who gave me the fake case number) and Jeffrey Rosen (since his officer ask me to give them the proof that doctors know that they are “under Perjury” when they send my medical report to Social Security. In fact , Social Security Officer told me that is nonsense. There is no such proof. It is a common knowledge that all doctors and hospital know they are under perjury when they send medical report to social security office]
[The] PD even try to trick me to go to trial immediately. He purposely ignored my requests and made many absent excuses. They are all corrupt with D.A.”
A citizen should have the right to go to the authorities for assistance and be treated with respect.
Mr. Lin writes ”On May 2, 2016, after visit D.A. office, I found out that Terrence Simpson had lied and trapped me with false case number he gave me on Feb 19, 2016 after I gave him all evidences. On March 3, 2016, I as a victim sat in the D.A. office lobby waiting for Terrence on the case which he lied to me it is a case number he gave me on Feb 19 which I did not know until May 2 2016.”
Mr. Simpson may have thought he was getting rid of a problem that his office had but what he really did was further endanger Mr. Lin's life by escalating the situation and having him forceably removed from the property.
Mr. Lin wrote: “All the serial events let me strongly [to] believe that [the] D.A. office is aversive racism and also cover up Kaiser with its full power. D.A. Office is not following California Attorney General’s Mission statement: 2. Ensure justice, safety, and liberty for everyone.
It is time that D.A. office to take action to investigate the truth, the simple truth and claim my justice.”
Mr. Lin has since attempted to represent himself in the Kaiser arbitration system and has written to the Kaiser legal department and to the Office of the Independent Administrator.
Kaiser is not helpful int his matter, has not done anything but impede the process when it is obvious that Mr. Lin needs assistance.
Mr. Lin has stated that "it is really time to reform and set binding arbitration as an option and not mandatory for patients to seek recourse. The law should not become a tool as the perfect protection of Kaiser's abusing its patients, such as himself a person unable to retain an attorney once they hear that Kaiser is involved."
To the Office of the Independent Administrator Mr. Lin wrote in part:
“I would like to request for the waiving of application of binding arbitration since I have followed Kaiser’s doctor recommendation to rest at home until my aneurysm condenses. I also want to request that all the expense will be charged to Kaiser since all my evidences are so clear that [I do] not even need [a] medical review at all.
I will submit my letter to request for compensation as I was told by Kaiser’s Carol Hinds back in March 2016. All evidences will be provided if needed.
On March 11, Carol Hinds also recommend me to correct the false medical report. But I did not make correction since I worry if I do, the forgery medical evidence will be gone.
I still believe all the truth and fact will eventually and very easily to be found and Kaiser’s intentional forgery and perjury and hiding the false medical report from me will be revealed and justice and Punitive damage will be served.”
Kaiser has admitted responsibility for this situation but they will not officially put that in any document. Kaiser staff has apologized but it is not official.
Kaiser's Legal Department has denied Mr. Lin's claim and state that there was no wrong doing.
Mr. Lin does not know what if anything has happened to the doctors involved. No one will tell him.
He is a sick man because of Kaiser and needs assistance as he is trying to do this on his own. His life has been compromised by Kaiser and Kaiser should step up to the plate and provide care and adequate compensation for the loss they have caused him.
Mr. Lin deserves an explanation as to why Kaiser created a paperwork problem with his medical coverage. He did have coverage on January 1, 2015, days before the aneurysm ruptured on January 5, 2015. He deserves an explanation as to why Kaiser falsified medical reports and lied about the existence of a report that they claim is key to this matter.