Lawyers say Fata deal underscores malpractice shortfall
More than 40 patients poisoned by Farid Fata, the cancer doctor who prescribed unnecessary treatments to make millions of dollars in fraudulent billings, will collect on their medical malpractice claims. But their lawyers concede they won't be fairly compensated.
Attorneys for the 43 victims who filed malpractice claims announced an $8-million settlement had been reached today in Oakland County Circuit Court. The lawsuit named Fata and three hospitals or health systems: Crittenton Hospital, Trinity Health and McLaren Health Care.
Patty Hester, one of the 43 who sued, said Michigan laws that limit the settlement amount are "totally ridiculous" and "so heinous." She said Fata told her she had cancer, and while she declined chemotherapy, she had painful bone marrow biopsies and hours-long infusions that have damaged her teeth. She thought she was dying.
"There's not enough money in the world that could compensate these people for what they lost," said Hester's lawyer, Donna MacKenzie of Berkley. "Michigan law protects doctors. Michigan law protects hospitals. But Michigan law fails the most vulnerable people who are victimized by someone like Fata."
A spokesman for McLaren, which operates a dozen hospitals in Michigan, said that while it leased office space to Fata, it had no other affiliation with his practice.
"While this settlement will never change the devastation suffered at the hands of Dr. Fata, we hope it brings about some justice for the patients and their loved ones who struggle with this tragedy every day," said McLaren spokesman Kevin Tompkins.
Eve Pidgeon, spokeswoman for Trinity Health, which operates five hospitals in southeast Michigan, added, "We hope the settlement serves as a helpful milestone in the healing process faced by those affected in this situation."
A Crittenton spokesman did not immediately respond to requests for comment.
Detroit lawyer Brian McKeen, who represents several of the victims, said Michigan's malpractice laws make it difficult for victims to collect large damages. He said malpractice claims are capped at $438,000, with no exceptions for "gross negligence or egregious behavior like Dr. Fata."
Michigan also does not require doctors to carry malpractice insurance, and those who have coverage generally carry only $100,000 to $200,000 per claim.
"The deck is really stacked against victims of medical malpractice in Michigan," McKeen said. "Unfortunately, under these circumstances and under Michigan law, Fata's victims were never going to receive fair levels of compensation."
Victims won't know how much they will receive until an arbitrator decides in October. Hester, a 62-year-old Clarkston resident, knows the amount won't cover all her losses and the medical bills she's facing for her teeth.
"This is the value of my life?" said Hester, who was told by Fata that she had cancer of the blood. Her treatments over a three-year period stopped in 2013, when she got her medical records from the FBI after his arrest. She quickly saw another doctor, who told her she never had cancer.
She had lived for three years believing she was dying.
"I gave away everything that I thought people would want so they wouldn't have to go through my stuff," Hester said. She took a rushed trip to Disney World with her granddaughter, who is now 9. She saw two brothers die. She picked the song for her funeral.
"I lived as if I was dying ... our life just crumbled," she said, adding that her marriage suffered, and her son was "just destroyed" by the diagnosis and "overrun with grief."
Fata had more than 500 victims, but only a fraction were involved in the malpractice case. McKeen said some couldn't sue because the statute of limitations had run out, while others just "wanted to get on with their lives" and didn't want to be bothered with litigation.
Fata was sentenced last summer to 45 years in federal prison following his conviction in U.S. District Court for violating his patients' trust and raking in more than $17 million from fraudulent billings.
Wednesday's settlement is separate from an $11.7-million federal restitution fund for Fata's victims. Victims could begin filing claims in June. The deadline to file is Oct. 5. Though at least 550 victims have been identified, there could be more, given that Fata's practice treated 17,000 patients through seven locations.
A special master will oversee the claims process, review each application and then make a recommendation to a judge, who will have the final say on who gets what. Victims will need documentation from doctors and insurance companies to support their claims, or they can make a statement under oath.
The website for filing claims is http://fataclaims.com.
Contact Jennifer Dixon: 313-223-4410 or jbdixon@freepress.com