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Trial is over, DH doctor gets 45 years. Is it really Justice?

10 years ago

When I saw this on the news the other day, it took a few minutes to really sink in. Over 550 victims including many deaths. The ruined lives of their surviving families, people who are now ill as a result of the chemo they received as well as the millions stolen from medicare and insurance carriers. It's hard to believe the man we knew and trusted implicitly was even capable of this, but he finally admitted to it all in open court.

I can't help but wonder though, yes, 45 years is essentially a life sentence, but is it really justice? And if it is, for whom? In the end, the prosecutors only focused on the business aspect of the damage. He wasn't charged for murder which is essentially what he did, he wasn't charged with assault or any other offence that was attached to misdiagnosing and subsequent mistreating of patients for cancer. From what I know right now, victims won't see a dime in restitution, all the funds confiscated will be returned to medicare and insurance carriers. His human victims won't even be reimbursed for the 1,000's they paid out of pocket for him to poison them and they won't receive any help with costs from existing conditions they have as a direct result of those treatments they received. There is no money left for them to go after in civil suits and now they may not even be able to sue the hospitals who were in bed with him. I'm having a real hard time feeling like his "victims" received any justice at all. From my perspective it seems like government took care of itself and we (his patients) helped build the governments case as witnesses assuming we would see justice as well. But in the end, I don't think his patients got justice at all. Here is the story as portrayed in the news

Fata / NBC


Comments (43)

  • 10 years ago

    I saw this the other day and thought of you and your husband. The whole situation is so terrible that is hard to process. I agree with everything that you said and am sad for you that the punishment did not fit the crimes.

  • 10 years ago

    Many times its the crimes that are the easiest to prove guilt that result in someone doing time. It is never about being fair.

    I'm sorry for all those who were a victim.

    Sue

  • 10 years ago

    Please send what you have written here to the editorial section of your newspaper, if not many national newspapers. It is beautifully written and deserves a wider audience.


  • 10 years ago

    If each of his victims got a billion dollars, it still would not be justice. There is no justice for crime, especially this kind of crime. He took from you something of irreplaceable value. Nothing can compensate for that. Don't lament something that cannot be changed. He is being punished.

  • 10 years ago

    I can not imagine how awful this was to have been one of his victims.

    I am so sorry.

    ML

  • 10 years ago

    I am so sorry.

  • 10 years ago

    Thinking about what he did makes me feel sick.


    I don't see how other people in his office didn't know what was going on. Was anyone else investigated or charged?


    When my husband was going through treatment, so many staff members had access to his file, which contained lab results, treatment records etc., and referenced it *every* time he was there. He couldn't have his daily treatment if they didn't have the latest lab or EKG result. Maybe I'm sadly mistaken, but they seemed to have a system of checks and double checks designed to protect the patient from errors.


    How did this guy's staff NOT know something was amiss?


    I hope you can find some peace of mind and acceptance about the outcome. I wish I knew something specific to suggest to get you to that point. My mind reels when I think it it, I can't imagine living it.

  • 10 years ago
    last modified: 10 years ago

    hhireno.....staff did help expose him, according the the ABC report.

    and from CBS; a doctor in the practice asked the question.

  • 10 years ago

    This is just so wrong all the way around Lukki. I'm so sorry your hubby was his patient. It literally makes me sick to my stomach. That man should be hung by his cojones and left to die a slow painful death. And that's really not enough, but I'm sure he'll rot in hell for what he did.
    He should also have to sell everything he owns to give to the people and their families that he harmed. Granted the government may have already made him do that and taken what was gained. I'm just so very sorry.

  • 10 years ago
    last modified: 10 years ago

    Thanks everyone. I know I've posted about this before, just updating everyone I guess. It's hard too to still relate the person WE knew with such horrific actions. Stealing? Ok, but murder? Which essentially it was right? Can't express how lucky we feel that my DH wasn't as much of a victim, can't say enough for advocating. My biggest heartbreak if for the people who have to continue on with some larger health problems as a result of the chemo, for some ironically that's cancer! I knew of the doctor who said he blew the whistle and had spoken to the manager several times but that happened in 2013, the FBI said they had been investigating for about 2 years. They must have only thought the damage was financial only and not harm to his patients.

    I wonder if a fundraising (crowd funding) project for the patients who need financial assistance could be a way to help those in need. Food for thought I guess.

  • 10 years ago

    No, it certainly isn't justice. I'm so sorry for all the victims of this heartless, evil person. At least he is being given some accountability, and his crimes are made public. I hope the civil suits will bring some compensation, even though it does not really fix anything. I wish the victims would take precedence in receiving damages, over the insurance companies and Medicaid.

    Hugs to you. Fundraising for the families is an excellent idea. Please post a link here if you pursue it!

  • 10 years ago

    hhireno, I wanted to address your post separately, first I hope your dh is well. I know there are a lot of checks and balances for patient care, but none of them question the doctor or his diagnosis. Once the diagnosis and care plan are in place, the staff is required to follow it So, it's just my opinion, but I think the biggest problem in general is that no one from the staff feels they are empowered enough to question anything. Fata was using residents from outside of the country (and unlicensed to practice in the US) and in retrospect, it was obvious he had "a do what I say or else" approach with them. They often looked nervous or scared even. Now that I work in the industry, I know his interaction with them was not normal, it was not the same as how I see other residents are with their mentors now. One of those residents always reviewed the blood work with us and in great in detail and we asked lots and lots of questions. It's hard to know how they could do that with other patients who were not even sick because they wouldn't have been able to explain the blood work. And other doctors would sign off on the blood work for chemo. Did they just sign what was put in front of them as I now see many doctors are comfortable doing or did they actually look at the records before signing off?

    A doctor who also has an oncology practice and shared the same waiting room, told us after the fact that he KNEW something wasn't right. He said the volume of his patients was too high and NO ONE ever looked like they were getting better. Why wouldn't that doctor report him? Because NO ONE ever questions the doctor. I personally think Doctors who are in private practice should still be supervised by a peer group and have limitations on the services they can offer but apparently they are not. One plus I guess to the mass take over of private practices by hospitals; doctors will finally have some peer review.

  • 10 years ago

    I saw this on tv and was shocked by the fact that something like this could and did occur. Lukkiirish, I am so sorry that you and DH went through this and I hope that you will both recover from the physical and emotional scars of the experience.

    When I heard about it I did wonder what the doctors motivation behind it was - was it the criminal aspect of stealing millions of dollars from insurance companies and the government or was it mental illness such as Munchausen-by-proxy that drove him. Either way his behaviour is despicable.


  • 10 years ago

    lukki, so sorry your family has to deal with this. This seems to highlight the fact that we should not trust any one person/doctor with our life/health, whatever their reputation is at the time, and that getting second opinions could save your life.


  • 10 years ago

    luk, no...there is no justice. The evil monster did what he did for power and greed. I have been following this case closely, because of you, but did not realize that there may be no funds for the victims. That is wrong. Period.

  • 10 years ago

    This is one time when the code of Hammurabi would be halpful and fitting.......that doctor should have to undergo as many rounds of chemotherapy as he subjected his patients to unneccessarily. More than 500, wasnt it?

  • 10 years ago
    last modified: 10 years ago

    Thanks everyone. The support is overwhelming and appreciated. From what I've been told, Fata had banked a large portion of the money over seas in Iran through his father. Shortly after his arrest, his wife fled to Iran as well with the 2 daughters and I suspect she and the rest of his family are living a very comfortable life right about now. She was the CFO of his practice and had to of known what was going on, but she was not arrested; she should have been but she wasn't. Everything he owned here was seized by the Feds and used to help pay back Medicaid and the Insurance companies. From what I understand even his insurance coverage went to pay back the insurance companies. The lawyers who are still interested in working with patients are attempting to file civil law suits against the hospital who was in bed with him. 90% of their radiation billing was collected through Fata, sort of a red flag eh? However hospital attorneys are fighting it tooth and nail in the courts and the number of attorneys willing to fight for the patients are shrinking. Crittenton was recently bought by another hospital (where my husband actually works) so I suspect that will make it harder too. So in the end, everyone got their due except for the patients who are really struggling to survive. Especially because of the volumes of patients, at the very least, I think some kind of financial assistance should be made available to the patients in need by the state. After all, the State makes the rules, issue the licenses and had received complaints about his practice years before his arrest and never did anything about it.


    kswl, I don't know the count of individual treatments, I do know he treated lots of patients for years who were receiving chemo once or twice weekly. There were over 550 patients though. He was also pushing his new pharmacy onto everyone he could, we did not use it for prescriptions but I'm sure all his treatments came from there as well.

  • 10 years ago

    This is just heartbreaking. I'm sorry, lukki, that the victims have been given such short shrift.

  • 10 years ago

    I'm so sorry for your experiences and all the others. There can be no real justice for those kinds of situations, but here it is even worse -- knowing that money that could help compensate those who need it went overseas to a country where it is not likely to ever return. Makes me sick.

    There are areas where doctors who shouldn't be practicing can hide. I encountered one (essentially was physically assaulted during an appointment with DH in the room) , filed a complaint with the state and the insurance company -- nothing. DH was handling an injury claim for his company (believe it was an employee but outside of workers comp). All I really remember is that the guy might have needed surgery. I say might because the guy was seeing a quack doctor who had injured and killed paitents and the company had figured that out -- even that he was probably made worse by an earlier surgery and now the doc wanted to do more. Rather than fighting about causation and liability, they managed to get to a settlement that paid for the surgery as long as he went to a different doctor. Within the year, the doctor was facing criminal charges and lost his license. I was very pleased and proud that both DH and the company cared to get someone out of from under his knife as a condition of any settlement. A small victory among so many losses -- but there is hope for humanity.

  • 10 years ago
    last modified: 10 years ago

    No, this is not justice. I too thought of your DH when I saw this story on the news. The fact that the dr.'s wife escaped scot-free with millions is particularly sickening and insulting to all who suffered at this murderer's hands. I have to believe that in another life, he will face the ultimate justice at the hands of God.

  • PRO
    10 years ago
    last modified: 10 years ago

    Am not saying, justice was served. However, criminal charges against physicians are rare. The case against Michael Jacksons doc is an example.

    Insurance fraud is easier to prove. No need for medical expert witnesses who will say whatever they are paid to say. In those cases it is often whoever has the better expert wins.

    For criminal assault/murder charges against him, patients should put pressure on the States Attorney to file additional charges.

    ***Civil suits would be paid out from his medical malpractice insurance. It is very unlikely his medical malpractice insurance will cover the insurance fraud. File civil suits.***

    What can be learned from this horrible situation? For serious illnesses, get a second and maybe a third opinion. Ideally at least one from a physician who has a faculty appointment at a medical school/university teaching hospital.

    I am so sorry for your situation.

  • 10 years ago

    I was thinking Civil Suits too. Seems like a class action law suit in the making to me. Seems like a slam dunk..but as stated what amount of MONEY fixes this for anyone??? So sad to imagine anyone trained to HEAL could do this.


  • 10 years ago

    Hi Lukki,

    My husband is great, no evidence of disease! We have his annual appointment in August and, since it will be 5 years since the treatment ended, I suspect they will cut him loose and tell him he doesn't need to return any more. Being a success story for the office, and a genuinely nice guy, they always love to see him and treat him like royalty on his annual visit. I think he'll miss the positive attention.

    I'm very glad your husband is well, too. I am sorry for the additional stress this unbelievable situation caused you and all the other families.


  • 10 years ago

    Lukkiirish, I'm so sorry you and your DH are having to endure another round of this awful situation. It is heartbreaking to read what that monster did to the hundreds of patients. Such wreckage left in his path, I do hope there is recourse via civil suits although that is a long, ugly road sometimes with lawyers often getting the bulk of the payoff.

    Hhireno, I'm glad your husband is doing so well and hope he will continue to do so.

  • 10 years ago

    I'm so sorry for you to have gone through this, and for the countless victims who endured unnecessary treatments, distress and emotional abuse at the hands of this evil couple.


  • 10 years ago

    ugh!! another reason 2nd (and sometimes 3rd...) opinions are a good idea especially when dealing with life threatening dx's! even if a doctor is honest and not intentionally trying to do wrong, sometimes they can make mistakes or provide not optimal treatment, etc...

  • 10 years ago

    My SIL was required by her insurance to get a 2nd opinion before surgery (it was orthopedic but I forget if it was her knee replacement &/or bunion surgery). Her second opinion was in the same group practice. What's the likelihood he's going to disagree with his partner? I was surprised that if another opinion was required that he could be from a business partner.

    Thirty years ago I required to get a 2nd opinion before a tonsillectomy. The 2nd doctor said why are you here, obviously it needs to be done. I said my insurance requires it and it seems like a good idea to be sure it's my best option. He acted like I was crazy to question the first guy. But he did get a consultation fee so I'm sure that 5 minute appointment was worthwhile to him.

    Thanks, Outsideplaying. He has a birthday this week and we're very happy he's here to continue to get older.

  • 10 years ago

    This is such an incredible story, it's hard to believe this actually happened and he almost got away with it. Like someone else posted, criminal charges against doctors are so rare, but he devastated so many lives. I think the insurance fraud is the low-hanging fruit here and that's probably why they went after that. It makes me sick that his wife and daughters fled to Iran, where we have no diplomatic relations, so they will never be returned to the U.S.

    Maybe a class action lawsuit can work, but is there anything left that can be recovered.

  • 10 years ago

    I'm so sorry Lukki - wish there had been a different outcome.


  • 10 years ago
    last modified: 10 years ago

    Even though 45 years seems like too light a sentence, I read somewhere else that the judge knew what he was doing. He gave Fata 10 years for this, 10 years for that, etc. So essentially he got several smaller sentences that are to be served sequentially (not concurrently) and add up to what amounts to a 45 year sentence. According to the article I read, by giving several short sentences, the judge severely minimized or possibly even eliminated the likelihood of any appeals. First of all, it's unlikely that a defendant would appeal a 10 year sentence and even less likely that an appeals court would find that a 10 year sentence is excessive.

    It should be noted here that the prosecution asked for a 175 year sentence and cited many specific patient stories and outcomes in their 100+ page pre-sentencing brief.

  • 10 years ago

    I just read about this story yesterday for the first time. I had no idea your husband was one of his patients. I am deeply sorry but happy as you say that he "wasn't much of a victim."

    In reading the story, one of the details mentioned by someone was that the office was dirty, that people were simply given buckets if they had to vomit. Was this true in your situation? For some reason, those details were especially painful to read, that here they were being poisoned, and those were outward symbols of such complete disregard for their well-being.

    As you said, another doctor knew something wasn't right-- people KNEW. This was such a massive undertaking (insurance, employees, etc.) and it makes no sense that there was this blind trust when people were questioning (and some reporting). It makes us consider that there must be more checks in place to prevent this from happening again-- or stop it because it is likely happening to some degree still.

  • 10 years ago

    I keep coming back to read this thread. It is so sad and infuriating. No, it is not justice. Not enough.


  • 10 years ago

    Like Anele, I had no idea that your husband was one of this monster's patients. I am so incredibly sorry for what he put you and your husband through, as well of all the rest of his victims. And, I agree, 45 years is prison is not enough punishment for this guy!

    User thanked LynnNM
  • 10 years ago
    last modified: 10 years ago

    Anele, I don't know where you heard the offices were dirty because it couldn't be any farther from the truth. The offices we went to and there were two, were both located in newly built Cancer Centers. They were similar design, had very tasteful decor and state of the art equipment. I was told on more than one occasion by his assistants that Fata was very picky about how patients were cared for by the staff; I even witnessed him scolding one of them a couple of times. If someone got ill, I can guarantee you wasn't in a bucket. Also, I work in the industry and would have never allowed my husband to continue going there if the offices weren't clean and well maintained. Actually, the Oncologist he sees now is in the same building that Fata was arrested in. It's gorgeous inside.

    I think it's the fact that professionals with similar credentials say they knew something was off, could have reported it and didn't is what really eats at me. I just don't understand that whole dynamic.

  • 7 years ago

    CBS's Whistleblower is featuring this story tonight.

  • 7 years ago

    Oxygen had a really good documentary on it a few nights ago as well. We knew or at least recognized all of the staff interviewed.

  • 7 years ago

    This is the first I've heard this story and I am absolutely appalled and horrified. I am so sorry your husband and other suffered this monster. I cannot fathom how a human being could do this to other human beings for money. While I would never, I can understand temptation to for theft or fraud but to do so at the expense of someone's life?! I simply cannot comprehend. And that he did this to hundreds absolutely blows my mind.

    Sadly I don't think our criminal system is designed to serve justice. If we're lucky it serves as a deterrent and some sort of societal protection by (often only temporarily) taking criminals out of society. I don't know if I can suggest what justice would be for this man, but this isn't it. And that his wife who profited, probably knowingly, from his evil is simply living a life of luxury in another country is despicable.

    I am so saddened to read this story and my heart goes out to you and the other victims.

    User thanked pricklypearcactus
  • 7 years ago
    last modified: 7 years ago

    Thank you Nutsaboutplants and Pricklypearcactus, I appreciate that, it was and still is upsetting. We however, were fortunate in that I had found a really good primary care physician who is super engaged with his patients. He taught me how to be a strong advocate and insisted he see copies of all the consults. THAT was, I believe our saving grace, because Fata knew other trained eyes were watching. My heart breaks every time I see anything to do with the harm that he caused all of the amazing people he was wrongfully treating, many of whom have now passed.

  • 7 years ago

    There can never be enough justice in such a horrific case. I think you're on the right track at looking at crowd funding for the victims of this monster. That seems that it'll be the only means of gaining any financial assistance since even if a class action suit were filed, it could be decades before any funds are made available to anyone, and even then, the attorneys would take the bulk of any monies recovered.

    Have you considered perhaps some grief counselling? That might help you to come to terms with what happened to you and to the others who were abused by this monster. I'm so grateful your husband wasn't severely impacted, but the emotional toll must be overwhelming.

    I am a firm believer in Karma. May not be this life that he gets his due, but it will happen, as will happen to his accomplices and confidants.

    User thanked neetsiepie
  • 7 years ago

    Lukki I agree with you that someone or many people had to know and said nothing! All those doctors that left the practice because they thought something was fishy… Why couldn’t they say something to anyone in charge? Just leaving did not discharge their ethical duty!!!

    I’m so sorry this happened to your husband and you.

    In one of the articles I read, They said that money couldn’t have been the only motive and I agree. It looks like he must have enjoyed causing suffering. And the money.



    User thanked robo (z6a)
  • 7 years ago
    last modified: 7 years ago

    Thanks Robo. I appreciate it. There wasn’t a lot of information released to the public because apparently there was a gag order on it. Recently however, documentary on Oxygen was able to share a lot more information.

    As it turned out, Mary, the head nurse had discovered that many patients were receiving an fairly dangerous immune builder who didn’t need it. She canceled their treatments and made Fata aware. But it really alarmed her so she told another physician working there, Dr. Mungulay. He said Fata wouldn’t let other doctors near his patients, but while he was on vacation, Mungulay ended up treating one of his patients at the hospital anyway. She was newly diagnosed with Multiple Myeloma and had just broken her leg. However, when he looked at the chart there was no pathology report and her bloodwork was in normal range. She didn’t have cancer. He took that to the clinic manager, who then did some digging and found even more inconsistencies. He went to an Attorney for whistle blowers, who then called the Justice Dept. Fata was arrested within 5 days of that call. And the reason they charged him with Medicare fraud instead of murder and charges directed at the pain he’d caused, the Justice dept said they knew they could prove the fraud case faster. It helps now to have a clearer understanding of what happened.

    Thanks Neetsie, this happened several years ago, there’s just been some documentaries about it on tv so my old threads have been revived

  • 7 years ago

    Did anyone watch the TV series 'The Resident' ?

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