Pakistani doctors spreads Hepatitis in Nebraska, made Health minister of Pakistani Punjab by the military government

Musharraf Behind Dr Shame Who Bankrupted Nebraska, Embarrassed Pakistan

NEW YORK, February 19: A Pakistani doctor who caused the biggest Hepatitis outbreak in US history, was sued by over 100 victims in Nebraska, paid millions of dollars in out-of-court settlements has now lost his medical license in the State of New York as well. But he continues to be the Minister of Health in Pakistan’s largest province, Punjab.

“The continuing saga of Dr Tahir Ali Javed has caused tremendous embarrassment for all Pakistani doctors doing a wonderful job in the US but when people here learn that he is Minister of Health under the military rule of General Musharraf, the whole country and its system looks like a joke,” a senior Pakistani heart specialist settled in New York observed.

When more than 120 patients filed legal cases to claim damages from Dr Javed and his clinic, he fled the country to Pakistan but through his connections with the Pakistan Army, maneuvered to become a member of the Punjab Assembly in the 2002 elections and was immediately named as the Minister of Health of the province with a budget of billions of rupees.

In September 2003 the State of Nebraska, where Dr Javed practiced medicine as a cancer specialist, revoked his medical license after accusing him of “unprofessional conduct and gross negligence” which resulted in an outbreak of Hepatitis C in Nebraska hurting hundreds of patients.

In March 2004 the State of New York issued its “Factual allegations” under New York law which included “negligence on more than one occasion”, “gross negligence”, "moral unfitness”, “abandoning or neglecting a patient under and in need of immediate professional care, without making reasonable arrangements for the continuation of such care” and “failure to maintain a record of each patient which accurately reflects the evaluation and treatment of the patient.” Click here to read the Charge Sheet

Dr. Javed, who was accused of “moral unfitness” by the State of New York, in a “Surrender Order” admitted some of the charges stating: “I, hereby, do not contest the allegations….” and requested the New York authorities to allow him to surrender his medical license. Click to Read Surrender Order Page1 | Page2

As if confirming the charge of moral unfitness, Dr. Javed in Pakistan continued to issue numerous statements denying all the accusations against him and even accusing newspapers of working for “Zionists”. But while doing so publicly, he was also signing “surrender” documents privately, admitting all the charges and seeking to get away from the destruction he had caused in the US.

The NY State issued the order to revoke his license on March 17, 2004 stating that “the name of the Respondent be stricken from the roster of physicians in State of New York.” Click to read order

But these actions by the States of Nebraska and New York have not affected the pending cases against Dr Javed and millions of dollars are being paid by the Insurance Companies and Nebraska's Medical Malpractice Fund.

South Asia Tribune has obtained some details of the amounts involved in these cases and while individual settlement figures are confidential, it is learnt that the Nebraska Fund may be paying over $50 million to the victims of Dr Javed. This amount is in addition to what the Insurance companies would have to pay.

Reports in local Nebraska newspapers confirm that more than half the malpractice lawsuits filed against Dr. Javed and his former Fremont cancer clinic have been settled out of court.

In 2002 and 2003, state health officials linked the reuse of syringes and other unsanitary practices at Javed's clinic to 99 Hepatitis C infections. The clinic closed after Javed fled to his native Pakistan. The state later also revoked medical license of his head nurse, Linda Prochaska.

Reports quoted the District Court Clerk Linda Nelson saying that only 45 cases remained unresolved out of over 100 filed against Dr. Javed, the Fremont Cancer Center and some of its nurses and the Fremont Area Medical Center, the county-owned hospital that leased the clinic its space.

Earl "Chip" Greene estimated the number remaining at 40. Greene is an attorney for the Nebraska Excess Liability Fund. The fund pays damages, up to a cap set by the Legislature, to patients when settlements or court awards exceed malpractice insurance limits.

L. Tim Wagner, director of the Nebraska Insurance Department, which oversees the fund, said 54 cases had been settled, leaving 39. He declined to disclose settlement amounts, individually or in total, saying that might jeopardize future cases and violate settlement agreements.

Wagner previously had worried that the sheer number of Hepatitis C claims would bankrupt the fund and prompt unprecedented special assessments for the health professionals and facilities that now pay into it.

But so far, he said, it's looking like the fund will break even - with about $58.3 million in assets, $63 million in anticipated liabilities, and interest earnings to cover the gap. Among the more recent cases settled are two that had been set to go to trial this year - those filed by Eleanor Daehnke and the husband of the late Cheryl Gentry.

Dr Javed’s gross negligence has brought about changes in some laws of Nebraska. State lawmakers were considering a Bill introduced by State Sen. Don Pederson of North Platte, which would require doctors, hospitals and other participating health care providers to carry more malpractice insurance and be responsible for a larger share of malpractice claims.

"I think it's very important we maintain the Nebraska Hospital-Medical Excess Liability Fund,” Pederson said. This fund pays malpractice claims above a set amount. Claims below that level are the provider's responsibility and typically are covered by private malpractice insurance.

Under the system, the Lawmakers increased the maximum malpractice payment last year. Payments now are capped at $1.75 million for incidents occurring after Jan. 1 and $1.25 million for prior incidents. The increase was the third since the fund was created in 1975.

In October, Dr. Javed admitted using unsanitary practices that allowed Hepatitis C to spread among clinic patients. At least 99 people were infected, including one who died.

But back in Pakistan, as Punjab Health Minister, Dr Javed shamelessly keeps on making public statements about health of millions of people. In one such ironic statement he “stressed the need for hospitals to dispose waste and make sterilized gloves and good quality syringes available. He said about seven Hepatitis patients were being reported in Lahore hospitals daily.”

After taking care of Hepatitis patients in Nebraska, it is the turn of poor Pakistanis who don’t even have a place to appeal, if they get the medical treatment prescribed and practiced by Dr Javed.

But more shameless and arrogant are the political and military masters who are keeping Dr Javed, and men like him, in top decision making positions of the country, despite the proven record of their crimes.