THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700
rodwelch@pacbell.net


S U M M A R Y


DIARY: May 28, 2009 04:13 PM Thursday; Rod Welch

Doctor Rugo notifies medical team Kaiser can treat Millie with gemcitabine.

1...Summary/Objective
2...Millie Over-treated Cannot Estimate Time to Progression
3...May Not Work at All Millie Over-treated Patient Profile Resists Chemo
4...Unfortunately Chemotherapy Drugs Proposed by Kaiser May Not Work at All
5...Targeted Treatment Essential Millie's Patient Profile to Recover 8th Relapse
6...Demand for Treatment Standard of Care Millie's Patient Profile
7...Kaiser Defaults Insurance Contract Millie Orders Work from Others
8...UCSF Prescribes Gemcitabine Treatment for Millie at Kaiser
........Case Study Millie Cannot Decide When to Get Treatment


..............
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CONTACTS 

SUBJECTS
Default Null Subject Account for Blank Record

0403 -
0403 -    ..
0404 - Summary/Objective
0405 -
040501 - Follow up ref SDS 74 0000, ref SDS 73 0000.
040502 -
040503 -
040504 -
040506 -  ..
0406 -
0407 -
0408 - Background
0409 -
040901 - On 090121 1041 Glenna called and said that progression of Millie's
040902 - cancer, most notably in the breastbone area requires UCSF to change
040903 - treatments, as ordered by Doctor Johnson at Kaiser on 081219.  Doctor
040904 - Rugo needs a list of treatments from Millie's records which UCSF has
040905 - planned to treat Millie's cancer as a chronic disease, ref SDS 20 Y67L,
040906 - further ordered by Doctor Johnson at Kaiser on 081219. ref SDS 19 V93O
040908 -  ..
040909 - On 090123 1326 Doctor Johnson confirms prior guidance that multiple
040910 - (7) relapses have mutated Millie's cancer into a very aggressive
040911 - disease that requires immediate change in treatment in order for
040912 - Millie to recover. ref SDS 22 RK6O
040914 -  ..
040915 - On 090129 0800 UCSF delayed Millie's treatment 1 week due to problems
040916 - of missed communication between Oncology and Infusion, reported on
040917 - 090130 1722. ref SDS 23 AY8Q
040919 -  ..
040920 - On 090129 1036 Doctor Rugo at UCSF notified Kaiser that Millie needs
040921 - immediate treatment to recover from 7th relapse of cancer, which is
040922 - worse in the breastbone area, and proposes treatment in UCSF Radiation
040923 - Oncology Department with hyperthermia and Doxil, reported on 090130
040924 - 1722. ref SDS 23 TZ6H
040926 -  ..
040927 - On 090201 2017 UCSF delayed treatment for Millie's 7th relapse of
040928 - cancer, because the Radiation Oncology Department needed more time to
040929 - schedule the work. ref SDS 24 GV4M
040931 -  ..
040932 - On 090202 1047 Kaiser delayed authorization for Millie's treatment
040933 - because the doctor did not fill out a form correctly referring
040934 - Millie's treatment to UCSF. ref SDS 25 9Y5I
040936 -  ..
040937 - On 090202 1353 UCSF delayed treatment again for 6 weeks to maintain an
040938 - orderly schedule. ref SDS 26 SP6H
040940 -  ..
040941 - On 090202 1932 Doctor Rugo at UCSF Oncology Department notified the
040942 - medical team that Millie needs urgent treatment quickly in time to be
040943 - effective. ref SDS 27 Y15J
040945 -  ..
040946 - On 090203 1438 UCSF Radiation Oncology Department advances Millie's
040947 - treatment 4 weeks to begin in time to be effective. ref SDS 28 XX5I
040949 -  ..
040950 - On 090204 0219 Millie's letter asks Doctor Rugo to submit proactive
040951 - planning for follow on treatment after hyperthermia and Doxil for
040952 - Millie's 6th relapse of IBC. ref SDS 29 278T
040954 -  ..
040955 - On 090204 1914 Doctor Rugo defers teamwork for practice synergy and
040956 - proactive management to plan for alternate scenarios that optimize
040957 - coprehensive care is prevented because Millie's case is very
040958 - complicated. ref SDS 30 063I
040960 -  ..
040961 - On 090205 0830 Doctor Hsu examination in UCSF Radiation Oncology
040962 - Department finds Millie's cancer has progressed significantly due to
040963 - delays starting treatment; changes treatment protocol from
040964 - hyperthermia and Doxil to radiation and hyperthermia. ref SDS 31 EY5F
040966 -  ..
040967 - On 090213 1140 Doctor Johnson notifies Millie that she has less than 1
040968 - year to live, ref SDS 33 646L, unless she gets effective treatment
040969 - quickly for cancer that has mutated into aggressive disease that will
040970 - cascade out of control. ref SDS 33 ES7I
040972 -  ..
040973 - On 090218 1205 Millie notifies Doctor Rugo again that Doctor Johnson
040974 - has authorized UCSF Cancer Center to begin planning Millie's next
040975 - treatment after radiation and hyperthremia, because she has a narrow
040976 - margin for delay getting treatment to survive. ref SDS 34 TH6U
040978 -  ..
040979 - On 090219 1315 UCSF begins treatment 4-weeks late on referral from
040980 - Kaiser for Millie to recover from 7th relapse of cancer. ref SDS 35
040981 - E57G
040983 -  ..
040984 - On 090310 0351 after 3-weeks treatment with radiation and
040985 - hyperthermia Millie notifies medical team that cancer in the
040986 - breastbone area seems worse. ref SDS 37 O56X
040988 -  ..
040989 - On 090331 2947 Millie notified medical team of possible IBC
040990 - progression on lower left arm, and asked about starting treatment to
040991 - recover from 8th relapse of cancer. ref SDS 41 Q64R
040993 -  ..
040994 - On 090401 0032 Doctor Hsu diagnosed new rash on Millie's lower left
040995 - arm as progression of IBC. ref SDS 42 R24X
040997 -  ..
040998 - On 090401 0046 Millie asks about getting treatment of IBC spreading to
040999 - lower left arm, which establishes the 8th relapse of cancer diagnosed
041000 - by Doctor Hsu. ref SDS 43 RE8P
041002 -  ..
041003 - On 090401 0121 Doctor Rugo reports Millie's wound in breastbone area
041004 - diagnosed as reaction to 4-weeks of radiation that ended on 090317
041005 - must heal before starting treatment for IBC relapse, and so defers the
041006 - meeting scheduled on 090402 0800; Doctor Rugo expects full recovery
041007 - from IBC in areas treated with radiation and hyperthermia because this
041008 - regimen to be very effective. ref SDS 44 K56O
041010 -  ..
041011 - On 090412 2241 Millie reports again to the medical team that IBC on
041012 - lower left arm is getting worse, and requests immediate treatment in
041013 - order to prevent problems cited by Doctor Johnson that delay risks
041014 - losing control and death. ref SDS 45 9S8Y
041016 -  ..
041017 - On 090510 1220 Millie reports wound in the breastbone diagnosed as
041018 - reaction to radiation looks worse; asks if this might be IBC because
041019 - of a mistake in performing radiation treatments?   Millie further
041020 - asked about doing a biopsy to test for cancer, so that treatment can
041021 - begin immediately under Doctor Johnson's warning that immediate
041022 - treatment is essential for recovery. ref SDS 47 LJ5T
041024 -  ..
041025 - On 090514 0830 Doctor Rugo prescribes treatment with MPA, ref SDS 48
041026 - D647, and submits a letter to Kaiser submitting the protocol,
041027 - ref SDS 48 DI63, as previously requested by Doctor Johnson on 081219
041028 - 1140. ref SDS 19 V93O
041030 -  ..
041031 - On 090515 0800 Doctor Rugo notifies medical team that Kaiser failed to
041032 - perform requirements for referral to pay for Millie's treatment
041033 - recommended by UCSF Cancer Center as the best evidence of care that
041034 - has the best chance for Millie to recover, which Kaiser is required to
041035 - provide under section 2 of EOC. ref SDS 49 WP6S
041037 -  ..
041038 - On 090515 1017 Millie notified medical team that Doctor Rugo's letter
041039 - was received; that Kaiser is responsible for Millie's care, and Millie
041040 - will meet with the primary care doctor at Kaiser on 090515 1140 and
041041 - request that Kaiser prescribe care for Millie's 8th relapse of cancer
041042 - based on the best evidence, ref SDS 50 6Q8W, as shown in Doctor Rugo's
041043 - letter to Kaiser on 090514 0830. ref SDS 48 DI63
041045 -  ..
041046 - On 090515 1518 Doctor Rugo responds wishing Millie "good luck."
041047 - ref SDS 52 PW7H
041049 -  ..
041050 - On 090515 1140 Millie met with Doctor Johnson at Kaiser and the doctor
041051 - said that he was told by Doctor Mason that the primary care physician,
041052 - Doctor Johnson, cannot prescribe standard of care treatment for Millie
041053 - in a clinical trial, despite patient history having prescribed prior
041054 - clinical trials 4 times previously for standard of care in oncology,
041055 - and as a result, Doctor Johnson requested a draft to assist him
041056 - preparing an appeal to file with Member Services so that Kaiser can
041057 - expedite Millie's recovery from the 8th relapse of cancer. ref SDS 51
041058 - 655R
041060 -  ..
041061 - On 090516 0858 Millie notified Doctor Rugo that Doctor Johnson is
041062 - filing an appeal for Kaiser to treat Millie with MPA protocol
041063 - recommended by UCSF to recover from the 8th relapse of cancer.
041064 - ref SDS 53 SY4J
041066 -  ..
041067 - On 090518 0017 Millie submits letter to Doctor Johnson with copy to
041068 - Doctor Rugo at UCSF, and transmitting a draft to assist Doctor Johnson
041069 - filing his appeal with Member Services to assisting Kaiser implement
041070 - Doctor Johnson's strategy to treat Millie's cancer as a chronic
041071 - disease in time for Millie to recover from the 8th relapse of cancer.
041072 - ref SDS 54 R16I
041074 -  ..
041075 - On 090519 1536 Doctor Johnson changed his mind; he sent the draft
041076 - appeal to Doctor Mason, and tells Millie to file an appeal with Member
041077 - Services, which is incorrect since at this time Millie has not been
041078 - denied medical services; and the doctor further says he is suddenly
041079 - relieved of responsibility performed continuously the past 8 years to
041080 - prescribe treatment for Millie to recover from cancer, because
041081 - Kaiser's Outside Referrals Department has a better understanding of
041082 - Medicare. ref SDS 55 5K7H
041084 -  ..
041085 - On 090519 1613 Millie responded, ref SDS 56 8V8H, to the Doctor's
041086 - letter earlier yesterday afternoon on 090519 1536, ref SDS 55 5K7H;
041087 - and, Millie asks the doctor to prescribe treatment so she can recover
041088 - from cancer, as done previously in patient history, ref SDS 56 TY3X,
041089 - and further as planned by the doctor during the meeting on 090515
041090 - 1140. ref SDS 51 655R  Millie also asked the doctor to call on
041091 - expediting treatment in time to be effective, see again on 090520
041092 - 1613, ref SDS 56 TY4W; and Millie asks Doctor Rugo for a "drop dead"
041093 - date on how soon treatment must start in order to be effective, also,
041094 - reported on 090519 1613. ref SDS 56 TX4W
041096 -  ..
041097 - Since Kaiser has delayed ordering treatment, reported on 090520 1710.
041098 - ref SDS 62 ZF4Q, then on 090521 0211 Millie's letter to Doctor Rugo at
041099 - UCSF with copy to Doctor Hsu asks about getting treatment with
041100 - hyperthermia and Doxil, while Kaiser resolves delays ordering MPA
041101 - prescribed by Doctor Rugo for Millie to recover from 8th relapse of
041102 - cancer, which Millie reports is getting worse every day, ref SDS 63
041103 - FM7Q, and since Kaiser has previosuly authorized treatment with
041104 - hyperthermia and Doxil, which Doctor Rugo recommended earlier on
041105 - 090129 for Millie to recover from the 7th relapse. ref SDS 63 6M4F
041107 -  ..
041108 - On 090521 2006, Millie received a letter from Doctor Johnson
041109 - responding to Millie's letter to the medical team on 090520 1710, and
041110 - requesting that Kaiser prescribe treatment suitable for Millie's
041111 - patient profile for recovering from 8th relapse of cancer. ref SDS 62
041112 - P65H   Doctor Johnson's letter was sent through Kaiser's Knowledge
041113 - Management System and so was not disclosed to the medical team, and it
041114 - did transmit the Doctor Johnson's medical chart for the meeting on
041115 - 090515, ref SDS 51 YT5N, and said that Millie could "choose" any
041116 - treatment she wants, and no treatment is superior for Millie's patient
041117 - profile, 090521 2006, ref SDS 65 9Q9H; the doctor noted Millie's
041118 - cancer is progressing and so she needs to start treatment by the end
041119 - of the week, which was in just 12 hours, which means today,
041120 - ref SDS 65 HC8O, and the doctor told Millie to call Medicare for
041121 - prescribing treatment to recover from the 8th relapse of cancer.
041122 - ref SDS 65 HC93
041124 -  ..
041125 - On 090522 0813 Millie responded to Doctor Johnson's letter on 090521
041126 - 2006 and submitted copies to the medical team to maintain
041127 - collaboration that has been effective treating Millie the past 8
041128 - years.  Millie also sent a copy to Jullian Kwok to notify Medicare
041129 - that Kaiser is refusing treatment. ref SDS 66 RX6L  Millie asked
041130 - Kaiser to prepare a workup and Tumor Board to evaluate Millie's next
041131 - treatment, including trade-offs comparing all of the treatments
041132 - available for Millie. ref SDS 66 7Z5Y  Millie reports having called
041133 - Kaiser numerous times to speak with the doctor on prescribing
041134 - treatment. ref SDS 66 7Z9Y  Millie notifies medical team she chooses
041135 - hyperthermia and radiation, Doxil, or other agent suitable for
041136 - Millie's patient profile. ref SDS 66 715V
041138 -  ..
041139 - On 090522 1247 Millie received a response from Doctor Johnson to
041140 - Millie's letter on 090522 0813. ref SDS 66 RX6L who sent copies to the
041141 - medical team, and saying Kaiser has performed workups, but does not
041142 - submit any works, and says Millie's patient profile is too complex for
041143 - Tumor Board to evaluate best course of treatment, and that Millie's
041144 - patient profile resists single agent treatments like Gemzar and
041145 - Navelbine, and that Millie can choose Hospice instead of treatment
041146 - with drugs which her patient profile now resists. ref SDS 67 XO5O
041148 -  ..
041149 - On 090522 1351 Millie responded to Kaiser's letter submitted by Doctor
041150 - Johnson on 090522 1247, ref SDS 67 XO5O, confirming Millie needs
041151 - urgent treatment to start quickly, reported on 090522 1351,
041152 - ref SDS 68 7R7J; Millie asks if treatment with Gemzar, Navelbine, and
041153 - possibly CTP, ref SDS 68 2T9W and ref SDS 68 2T4P, will be weeks of
041154 - agony then progression of cancer that requires another treatment
041155 - "targeted" to treat Millie's patient profile. ref SDS 68 2T4S  Millie
041156 - requested advice on treatment with a clinical trial at Kaiser, based
041157 - on patient history, ref SDS 68 2T4V, and further requested trade-offs
041158 - getting more hyperthermia and radiation and Doxil or other appropriate
041159 - agent, including vaccines. ref SDS 68 2T4Y
041160 -
041162 -  ..
041163 - Millie Over-treated Cannot Estimate Time to Progression
041164 - May Not Work at All Millie Over-treated Patient Profile Resists Chemo
041165 - Unfortunately Chemotherapy Drugs Proposed by Kaiser May Not Work at All
041166 - Targeted Treatment Essential Millie's Patient Profile to Recover 8th Relapse
041167 -
041168 - Follow up ref SDS 74 NM6J, ref SDS 73 NM6J.
041169 -
041170 - On 090522 1953 Millie received a letter from Doctor Johnson responding
041171 - to Millie's letter to the medical team at Kaiser and UCSF this
041172 - afternoon, reported on 090522 1351. ref SDS 68 7R7J  For some reason,
041173 - the doctor he did not submit copies to the medical team, demonstrating
041174 - uneven case management for coordination and collaboration; the doctor
041175 - confirms that treatment with single-agent chemotherapies presented as
041176 - the only choices for care may not work at all for Millie to recover
041177 - from 8th relapse of cancer. ref SDS 69 NV4L
041178 -
041179 -
041181 -  ..
041182 - Demand for Treatment Standard of Care Millie's Patient Profile
041183 -
041184 - Follow up ref SDS 74 ON8G, ref SDS 73 ON8G.
041185 -
041186 - On 090523 0148 Millie sent a letter to Paula in the Kaiser Claims
041187 - Resolution Department with copy to medical team demanding treatment to
041188 - recover from 8th relapse applying standard of care for Millie's
041189 - patient profile. ref SDS 70 2P6J
041191 -  ..
041192 - On 090528 0803 called Paula for progress processing Millie's claim for
041193 - treatment with standard of care for Millie's patient profile.
041194 - ref SDS 72 T04L
041196 -  ..
041197 - On 090528 1228 Millie sent a letter to Paula confirming claim
041198 - demanding timely treatment for 8th relapse of cancer. ref SDS 73 UD5H
041199 - and saying that she will get treatment through another provider and
041200 - bill Kaiser, because her doctor at Kaiser says Millie needs immediate
041201 - treatment, and Kaiser has failed to perform. 090528 1228, ref SDS 73
041202 - 4N8X
041203 -
041204 -
041206 -  ..
0413 -
0414 -
0415 - Progress
0416 -
041601 - Kaiser Defaults Insurance Contract Millie Orders Work from Others
041602 - UCSF Prescribes Gemcitabine Treatment for Millie at Kaiser
041603 -
041604 - Follow up ref SDS 74 UD5H.
041605 -
041606 - On 090528 1334 Millie sent a letter to Doctor Rugo and Doctor Hsu at
041607 - UCSF requesting treatment, and sent a copy to notify the medical team
041608 - she has been forced to get treatment from another provider to mitigate
041609 - damages from Kaiser's failure to provide care. ref SDS 74 UD5H
041611 -  ..
041612 - On 090528 1613 Doctor Rugo responds to Millie's letter on 090528 1334,
041613 - requesting prescription for treatment because Kaiser has defaulted on
041614 - insurance contract, ref SDS 74 2L7P; UCSF prescribes treatment with
041615 - gemcitabine starting next week. ref SDS 0 XZ4M
041616 -
041617 -    1.  Subject: RE: Treatment Plan 8th Relapse of Cancer Kaiser's Standard of Care
041618 -        Date: Thu, 28 May 2009 14:56:21 -0700
041625 -         ..
041626 -    2.  I am guessing you can start treatment as soon as you decide to
041627 -        do so.
041628 -
041629 -            [...see below for conflicts with patient history.
041630 -            ref SDS 0 KM4K
041632 -         ..
041633 -    3.  Maybe you could start gemcitabine with Kaiser early next week?
041634 -        I don't anticipate a delay in Dr Johnson starting standard
041635 -        chemotherapy.
041636 -
041637 -            [...see below for conflicts with patient history.
041638 -            ref SDS 0 F66F
041640 -             ..
041641 -            [On 090528 1652 Millie responded to Doctor Rugo's letter
041642 -            notifying medical team again that she needs a prescription
041643 -            to recover from the 8th relapse of cancer, and asking for
041644 -            comparison of the new treatment gemcitabine proposed by
041645 -            Doctor Rugo with other treatments the team has presented.
041646 -            ref SDS 75 MZ7N
041648 -             ..
041649 -            [On 090529 1109 Millie letter to medical team reports
041650 -            research shows Doctor Rugo's prescription for gemcitatine
041651 -            is the same as Gemzar, ref SDS 76 0M5X; Doctor Johnson
041652 -            advised on 090515 that Gemzar is not standard of care for
041653 -            Millie's patient profile, and he would get in trouble at
041654 -            Kaiser if Gemzar was given to Millie, ref SDS 51 658J; on
041655 -            090522 1322 Doctor Johnson sent a letter advising that
041656 -            Gemzar and Navelbine problably won't work at all for
041657 -            Millie's patient profile. ref SDS 69 UW6G
041659 -             ..
041660 -            [On 090529 1109 Millie asks Doctor Rugo about getting
041661 -            treatment with bevacizumab at UCSF, rather than Gemzar,
041662 -            which has difficult side effects. ref SDS 76 0M6Q
041664 -             ..
041665 -            [On 090529 1109 Millie asks Doctor Rugo to schedule
041666 -            treatment with MPA at UCSF, because Kaiesr has not
041667 -            prescribed treatment, and getting treatment is critical for
041668 -            Millie to recover. ref SDS 76 0N4V
041670 -             ..
041671 -            [On 090529 1751 Doctor Johnson responds to Doctor Rugo's
041672 -            letter today proposeing Millie get Gemzar at Kaiser, by
041673 -            offering to treat Millie with Gemzar at Kaiser. ref SDS 77
041674 -            MV5G
041676 -             ..
041677 -            [On 090531 1544 Millie reports to medical team fear of
041678 -            getting treatment with Gemzar because of severe side
041679 -            effects, and that it will not be effective for her patient
041680 -            profile. ref SDS 78 IH9P
041682 -             ..
041683 -            [On 090601 0818 at 1132 Brad in the Kaiser Pharmacy called
041684 -            and advised that Doctor Johnson prescribed treatment for
041685 -            Millie with Gemzar; advised that side effects of Gemzar
041686 -            will be very difficult for Millie to tolerate, and asked to
041687 -            verify that Millie agrees to get this treatment.
041688 -            ref SDS 79 8J8L
041690 -             ..
041691 -            [On 090605 Millie received documentation from Kaiser that
041692 -            says Gemzar has high risks for Millie's patient profile;
041693 -            requires extreme caution given after getting treatment with
041694 -            radiation, which Millie received for 4 weeks in February
041695 -            and March, and contiues to suffer side effects; Kaiser
041696 -            further says treatment with Gemzar requires avoiding blood
041697 -            thinners, and Millie is required to take blood thinners
041698 -            every day to prevent death from pulmonary embolism; Gemzar
041699 -            can cause low blood counts that leads to infection and
041700 -            death, Millie has a history of low blood counts.
041701 -            ref SDS 80 V34K
041703 -         ..
041704 -    4.  Then we can work out trial therapy moving forward.  There is no
041705 -        issue with that - but it will be billed to medicare so involve
041706 -        a share of cost.
041707 -
041708 -            [...see below for conflicts with patient history.
041709 -            ref SDS 0 VE8S
041710 -
041718 -  ..
041719 - Doctor Rugo errs in the UCSF letter today to the medical team, in the
041720 - following respects...
041722 -         ..
041723 -        Case Study Millie Cannot Decide When to Get Treatment
041724 -
041725 -
041726 -    a.  Guessing Millie can get treatment at Kaiser when Millie decides
041727 -        to do so, ref SDS 0 XZ4M, is not supported by the record...
041728 -
041729 -        1.  Patients need an order signed by the doctor to get
041730 -            chemotherapy treatment, which demonstrates that
041731 -            professional competence to investigate and judgement to
041732 -            identify the best evidence supports giving treatment;
041733 -            accordingly, Millie cannot go to the Chemotherapy Infusion
041734 -            Clinic when she decides to do so and get any treatment she
041735 -            wants.
041737 -             ..
041738 -        2.  On 030109 Millie could not start treatment for IBC based on
041739 -            the PET scan test on 021218 that identified 3 symptoms of
041740 -            IBC disease, ref SDS 1 GJ69, and based on the doctor's
041741 -            examination that identified inflammation in the left
041742 -            breast, a 4th symptom, ref SDS 1 KW5F, because at that time
041743 -            the doctor prescribed Keflex to treat Cellulitis.
041744 -            ref SDS 1 GK7T
041746 -             ..
041747 -        3.  On 030606 Millie requested emergency treatment for
041748 -            recurrent cancer because of recurrent inflammation in the
041749 -            left breast, ref SDS 2 7C6W, increased lump in the left
041750 -            axilla, ref SDS 2 Y45M, and rising cancer marker.
041751 -            ref SDS 2 NE7L  Millie could not get treatment, because
041752 -            the doctor would not prescribe treatment.
041754 -             ..
041755 -        4.  On 030710 Millie wanted treatment because clinical symptoms
041756 -            of IBC increased, and were supported by CT test report that
041757 -            expressly stated findings could be cancer which the doctor
041758 -            should correlate clinically. ref SDS 3 536O  Millie could
041759 -            not get treatment she wanted, because the doctor would not
041760 -            prescribe treatment. ref SDS 3 5E7J  Millie requested a
041761 -            biopsy to test for cancer relapse, and this could not be
041762 -            done, because the doctor would not order the work.
041763 -            ref SDS 3 T64L
041765 -             ..
041766 -        5.  On 040318 Kaiser diagnosed recurrent cancer; Millie
041767 -            requested treatment with established chemotehrapy; Kaiser
041768 -            denied Millie's choice, and prescribed instead treatment in
041769 -            a clinical trial for standard of care to treat Millie's
041770 -            patient profile. ref SDS 4 PU6M
041772 -             ..
041773 -        6.  On 040318 Millie chose to get get immediate treatment to
041774 -            reduce spread of disease, already 18 months active, and
041775 -            this was denied because Kaiser treated IBC as Cellulitis.
041776 -            ref SDS 4 IM6J
041778 -             ..
041779 -        7.  On 040812 Millie chose to adjust treatment with bevacizumab
041780 -            to reduce risks of pulmonary embolism and death, based on
041781 -            rising symptoms, family history, and public notice that
041782 -            bevacizumab had caused the death of patients due to
041783 -            pulmonary embolism. ref SDS 5 MG4G  Patients choice to
041784 -            adjust treatment was denied on grounds that CT testing did
041785 -            not report finding pulmonary embolism. ref SDS 5 W35K
041787 -             ..
041788 -        8.  On 041005 Millie chose again to adjust treatment with
041789 -            bevacizumab due to rising symptoms of pulmonary embolism,
041790 -            ref SDS 6 RZ4I; and, Kaiser denied Millie's choice because
041791 -            CT tests did not show PE. ref SDS 6 OG3I
041793 -             ..
041794 -        9.  On 041018 Doctor Benz at UCSF issued a 2nd opinion that
041795 -            Kaiser investigate more carefully need to adjust Millie's
041796 -            treatment with bevacizumab in order to reduce risks of
041797 -            death from pulmonary embolism. ref SDS 7 LX96
041799 -             ..
041800 -       10.  On 041104 Kaiser advised that an emergency CT test the day
041801 -            before recommended by Doctor Benz in the UCSF 2nd opinion
041802 -            and performed at Kaiser with a different scanning method
041803 -            designed to identify pulmonary embolism, in fact discovered
041804 -            pulmonary embolism that was causing symptoms the past 6
041805 -            months, and so required adjusting Millie's treatment,
041806 -            requested previously by Millie beginning on 040812, by
041807 -            completely ending bevacizumab and Taxol. ref SDS 8 RZ4I
041808 -            Millie chose to continue treatment with Taxol or Taxotere
041809 -            alone, which had been effective during 2002, ref SDS 8
041810 -            Q59K, and with bevacizumab during 2004.  Kaiser denied
041811 -            Millie's choice to continue treatment, because the
041812 -            substitute doctor would not order treatment until Millie's
041813 -            primary care physician returned from vacation in 4 weeks.
041814 -            ref SDS 8 WT60
041816 -             ..
041817 -       11.  On 041104 Millie needed a blood draw to evaluate new
041818 -            treatment for pulmonary embolism.  Her choice to continue
041819 -            getting blood draws from her port catheter to avoid trauma
041820 -            pain and suffering for herself and nurses who have
041821 -            difficulty finding a good vein, was denied by Kaiser
041822 -            because the doctor wrote the order for a blood draw through
041823 -            a vein. ref SDS 8 NH67
041825 -             ..
041826 -       12.  On 041130 the primary care physician advised that Millie
041827 -            needs to resume treatment immediately to recover from stage
041828 -            IV IBC. ref SDS 9 Y66F  Millie chose to get treatment with
041829 -            either Taxotere or Taxol alone because this had been
041830 -            effective in 2002 and with Bevacizumab in 2004, or start
041831 -            treatment immediately with capacitabine and Taxotere which
041832 -            was recommended by UCSF Cancer Center in Doctor Benz's 2nd
041833 -            opinion.  Kaiser denied Millie's choice for treatment
041834 -            because the primary care physician ordered the protocol
041835 -            nurse to delay treatment while looking for a clinical
041836 -            trial. ref SDS 9 028N
041838 -             ..
041839 -       13.  On 041230 clinical trial proposed for Millie could not be
041840 -            started due to conflicts between patient history and study
041841 -            participation protocol.  Millie then requested immediate
041842 -            treatment with Taxol which had been effective with
041843 -            bevacizumab, or with capacitabine and Taxotere recommended
041844 -            by Doctor Benz in a 2nd opinion, ref SDS 10 2V85.  Kaiser
041845 -            rejected Millie's choices, because the doctor ordered
041846 -            treatment with Adriamycin and Cytoxin, which had been
041847 -            ineffective in 2002, ref SDS 10 XQ88, and in order to
041848 -            qualify Millie for another clinical trial. ref SDS 10 XQ41
041850 -             ..
041851 -       14.  On 080423 Doctor Rugo notified the medical team that Millie
041852 -            cannot reduce the dose of carboplatin to recover blood
041853 -            counts, and then increase the dose to increase theraputic
041854 -            benefits when the immune system recovers. ref SDS 16 415F
041855 -            Millie notified the medical team that she choosed to
041856 -            maintain the dose of carboplatin in order to maintain
041857 -            recovery from the 4th relapse of cancer. ref SDS 16 XS6K
041858 -            On 090605 the medical team disclosed that the doctor wrote
041859 -            the chemoterhapy order reducing the dose of carboplatin
041860 -            contrary to patient choice. ref SDS 17 YD51
041862 -             ..
041863 -       15.  On 090521 Doctor Johnson for the first time asked Millie to
041864 -            "choose" a treatment, and without providing any choices.
041865 -            ref SDS 65 9Q9H
041867 -             ..
041868 -       16.  On 090521 Millie chose treatment with radiation and
041869 -            hyperthermia, ref SDS 66 715V, which was known to be
041870 -            effective, reported by Doctor Rugo on 090401, ref SDS 44
041871 -            K56O, shown to be effective from examinations by Tara Lacy
041872 -            and by Doctor Hsu on 090423, ref SDS 46 QR3M and
041873 -            ref SDS 46 YN5N, and later by Doctor Rugo's examination on
041874 -            090514, ref SDS 48 HX4L, and the next day on 090515 Doctor
041875 -            Johnson examined Millie at Kaiser and reported radiation
041876 -            and hyperthermia treatment was very effective. ref SDS 51
041877 -            D452  Despite history of effective recovery, the doctor
041878 -            failed to implement Millie's choice for treatment with
041879 -            radiation and hyperthermia.
041881 -         ..
041882 -    b.  Doctor Rugo's prescription for Kaiser to start gemcitabine at
041883 -        Kaiser early next week and without delay, ref SDS 0 4T6K,
041884 -        conflicts with the record...
041885 -
041886 -        1.  Kaiser has not prescribed treatment, reported in the letter
041887 -            on 090523 to Paula in Member Services Claim Resolution
041888 -            Deapartment. ref SDS 70 DQ9Q
041890 -             ..
041891 -        2.  Kaiser has not prescribed treatment because the doctor said
041892 -            on 090515 that the only treatments he can prescribe at
041893 -            Kaiser are Gemzar and Navelbine, and he would get in
041894 -            trouble prescribing these agents because they are not
041895 -            appropriate to treat Millie's patient profile. ref SDS 51
041896 -            658J
041897 -
041898 -               [On 090529 1109 Millie letter to medical team reports
041899 -               research shows Doctor Rugo's prescription for
041900 -               gemcitatine is the same as Gemzar, ref SDS 76 0M5X;
041901 -               Doctor Johnson advised on 090515 that Gemzar is not
041902 -               standard of care for Millie's patient profile, and he
041903 -               would get in trouble at Kaiser if Gemzar was given to
041904 -               Millie, ref SDS 51 658J; on 090522 1322 Doctor Johnson
041905 -               sent a letter advising that Gemzar and Navelbine
041906 -               problably won't work at all for Millie's patient
041907 -               profile. ref SDS 69 UW6G
041909 -                ..
041910 -               [On 090601 0818 at 1132 Brad in the Kaiser Pharmacy
041911 -               called and advised that Doctor Johnson prescribed
041912 -               treatment for Millie with Gemzar; advised that side
041913 -               effects of Gemzar will be very difficult for Millie to
041914 -               tolerate, and asked to verify that Millie agrees to get
041915 -               this treatment. ref SDS 79 8J8L
041917 -                ..
041918 -               [On 090605 Millie received documentation from Kaiser
041919 -               that says Gemzar has high risks for Millie's patient
041920 -               profile; requires extreme caution given after getting
041921 -               treatment with radiation, which Millie received for 4
041922 -               weeks in February and March, and contiues to suffer side
041923 -               effects; Kaiser further says treatment with Gemzar
041924 -               requires avoiding blood thinners, and Millie is required
041925 -               to take blood thinners every day to prevent death from
041926 -               pulmonary embolism; Gemzar can cause low blood counts
041927 -               that leads to infection and death, Millie has a history
041928 -               of low blood counts. ref SDS 80 V34K
041930 -         ..
041931 -    c.  Doctor Rugo's work plan for Millie to recover from the 8th
041932 -        relapse of cancer by working out trial therapy moving forward
041933 -        and billing medicare and Millie a share of cost, ref SDS 0
041934 -        4T70, conflicts with the record...
041935 -
041936 -        1.  Waiting until Millie gets a treatment which has not yet
041937 -            been prescribed at Kaiser and then figuring out effective
041938 -            targeted therapy for the next relapse, conflicts with
041939 -            Doctor Johnson's consistent orders for UCSF to plan ahead
041940 -            for Millie's next treatment, reported in case study on
041941 -            090325. ref SDS 40 L15M
041943 -             ..
041944 -        2.  At no time has Millie requested trial therapy.  At all
041945 -            times Millie has demanded Kaiser rely on best evidence to
041946 -            prescribe standard of care for treating Millie's patient
041947 -            profile, required under insurance agreement EOC Section 2,
041948 -            reported on 070927. ref SDS 13 WS6M  Kaiser has from time
041949 -            to time prescribed treatment in clinical trials under EOC
041950 -            Section 2, for which Kaiser is liable under the insurance
041951 -            agreement, shown in case study on 070830 0807. ref SDS 12
041952 -            LQ5I  Billing medicare and Millie a share of costs for care
041953 -            conflicts with patient history.  On 061230 Kaiser referred
041954 -            Millie's care to UCSF and agreed to pay all costs not
041955 -            covered by the clinical trial, as the best possible care
041956 -            for Millie's patient profile. ref SDS 11 3X6K  On 070906
041957 -            Doctor Rugo notified the medical team that she knows
041958 -            nothing about billings, including medicare.  Kaiser has
041959 -            performed on the original agreement.  Kaiser's conduct has
041960 -            conveyed entitlement to Millie for care independent of the
041961 -            insurance agreement, shown in the record on 070927.
041962 -            ref SDS 13 WU6M
041963 -
041964 -
041965 -
041966 -
041967 -
041968 -
041969 -
041970 -
041971 -
041972 -
041973 -
0420 -