TESTIMONY OF EARL DICK, M.D. BEFORE THE SUBCOMMITTEE ON OVERSIGHT & INVESTIGATIONS COMMITTEE ON VETERANS’ AFFAIRS U.S. HOUSE OF REPRESENTATIVES MARCH 11, 1999 Mr. Chairman, my name is Earl Dick. I am a physician employed at the Harry S. Truman Memorial Veterans Hospital (HSTMVH) in Columbia, Missouri. I am appearing before the Subcommittee in an individual capacity. I am not appearing as a representative of the Department of Veterans Affairs, and I want to express my appreciation for the invitation to provide my testimony to this Subcommittee. I currently have the title of the Associate Chief of Staff for Education; however, from January of 1989 until August of 1994 I was the Chief of Staff for that facility. Some within the VA view me as a failed Chief of Staff. Some VA officials have impugned my competence and professional reputation. Their actions were and are part of the systematic character assassinations that form the building blocks and corner stones of continuing retaliation and reprisal. I believe some background relevant to me is appropriate.
During my tenure as Chief of Staff the hospital received from the Joint Commission on the Accreditation of Healthcare Organizations, a July 1, 1992 letter which notified our hospital that it had been awarded a three year accreditation (the longest possible) effective June 1, 1992 with a Summary Grid Score of 94, the highest ever received by the hospital to that time. I am here to testify about the reprisals I experienced from officials at the Harry S. Truman Memorial Hospital and the Department of Veterans Affairs for the disclosures which I made. My personal experience has forced me to learn that reprisal assumes many faces and damages many aspects of a person. Reprisal can damage a professional or personal reputation by means of false statements or rumors. Reprisals can harm one financially. Reprisals can limit career advancement. Reprisals can restrict the ability to perform one’s job by the removal of resources (space, personnel and budget) and through the assignment or removal of duties. Some VA officials have impugned my competence and professional reputation. Their actions were and are part of the systematic character assassinations that form the building blocks and corner stones of continuing retaliation and reprisal. Thus I consider it of value to the Subcommittee to provide some background relevant to the officials who originated and promulgated this character assassination. Although many examples of falsehood, blatant lying and disinformation exist, I shall provide only a few examples to the Committee. Former Hospital Director, Joseph Kurzejeski,
Former Dean Lester Bryant.
John Bauer, M.D. (who succeeded me as first acting Chief of Staff and then Chief of Staff) stated in a 24 March, 1997 DECLARATION
Gregory A. Burke, Assistant Regional Counsel.
I made the preceding quotes to remind you that falsehood is another building block to either achieve retaliation and reprisal or to defend against charges of retaliation and/or reprisal. This tool is very effective in damaging reputations. Dr. Hoyt addressed the falsehood of Mr. Kurzejeski. Dean Bryant made two statements one of which must be false. Dr. Bauer made statements which were false. Dr. White addressed that Mr. Burke attempted "... to enter material in my declaration that would be harmful to Dr. Dick’s case; material which was without basis or fact. ..." Mr. Burke did not believe on March 27, 1997 that he represented the VA against me although he filed a MOTION on July 19, 1996 identifying that he was the designated representative of the Agency, disinformation. The VA sought to discredit my reputation thereby discrediting the truth of my statements. In regard to whistleblowing and disclosures, I want to state that I have always worked within the Department of Veterans Affairs or other federal government agencies. I chose not to go to the media out of my belief in our government. I have organized the following chronologically to show the temporal relationship of my actions and disclosures to retaliation and reprisal, as well as the continuation or retaliation and reprisal. 1992: Although I had made a disclosure on February 25, 1992 to the Deputy Under Secretary for Health when I discussed actions of the Hospital Director, Joseph Kurzejeski, which I believed constituted mismanagement of the Hospital and Mr. Kurzejeski rated me as satisfactory on my next proficiency report which was a reduction from my previous three proficiency reports of High Satisfactory. The first time in my career that I received such a proficiency. I believe the continual retaliation and reprisal has been the result of my not participating in the cover-up of the 11 to 40 deaths which became apparent in the late summer of 1992. By September 1992 I was convinced that independent of the excellent medical and nursing care at our facility some patients were being murdered. Drs. Adelstein, Christensen, Simpson and myself continue to believe that to be the case and as a result of our beliefs and the actions we have taken, all of our careers have suffered. The Agency position has been and continues to be that there is no evidence of murder. In a trial brought against the VA by one of the families, the Honorable Nanette K. Laughrey, United States District Judge stated in her ruling from the bench in August, 1998 (page 8 lines 20 -23), "Finally, I also find that even absent the testimony about codeine, there is sufficient evidence for me to believe, and I do believe, that Nurse Williams killed Elzie Havrum." I was stunned in 1992 that Mr. Kurzejeski and Region were not devoting themselves to insuring that the murders be thoroughly investigated. Instead the internal investigations that were ordered (e.g., Peer Review, Patient Abuse, the Regional Site Visit etc.) concentrated only on the Quality of the Medical care of individual patients and failed to address the epidemiological data. I realized and insisted at each opportunity that the patients at the HSTMVH had received and were receiving excellent medical care but that the patients had died of an active process, that is they had been murdered. I realized that my dedication to the position that the deaths on 4 East be thoroughly evaluated and investigated and my disclosing and arranging for the disclosure of an explanation of the epidemiological data and attendant analysis had not only enraged Mr. Kurzejeski, but that he was supported by the Regional Director. I was thereafter relentlessly attacked and punished by Mr. Kurzejeski in an effort to force me to step down and I strongly believed that an effort had been mounted to remove me from the system. While I believe my direct actions of disclosure were sufficient reason for Mr. Kurzejeski to act as he did, other circumstances occurred that may have put significant pressure on him to cover up the deaths on 4E and force my resignation. During the time of the investigations of the deaths on 4E a decision was pending on the construction of an Ambulatory Care Addition to the hospital which was important to both Mr. Kurzejeski and Dean Bryant. A political opportunity to obtain congressional funding in the summer of 1992 was potentially jeopardized by the political problem presented if the 4E deaths were attributed to murder.
In September of 1992 following my interaction with the Regional Site Visit Team, Mr. Kurzejeski told me, "I’ve talked with Region, you can expect to take a hit over this and maybe Christensen too". Mr. Kurzejeski’s relationship with me rapidly deteriorated as he become increasingly sarcastic and demeaning. I was continuously faced with criticisms of: I could have done better, I could have acted sooner, I could have done more, etc. He inundated me with requests and actions most of which I responded to verbally as it became difficult to respond to his many demands and contradictory demands and do my work. 1993: Mr. Kurzejeski left me a draft proficiency report in which he rated me overall as unacceptable and after discussion I left with the understanding that what I actually did and what I accomplished, did not matter. The only thing that mattered was the rating Mr. Kurzejeski assigned to me, his rating did not require any further support or documentation than he had written. Thus I had no effective means to rebut his rating. He informed me that he did not intend to send it, but wanted me to realize he could do so if he so chose. He rated me low satisfactory in administrative competence in my proficiency which encompassed the time of my disclosures to the Regional Site Visit Team, the FBI and to the Assistant Inspector General for Healthcare Inspections, Alastair Connell, M.D. 1994: I was forced out of my position as Chief of Staff by Mr. Kurzejeski and Dean Bryant. I became the Associate Chief of Staff, Education and received a position for a program assistant. An office did not exist for the Associate Chief of Staff for Education and room D332A, which was used by the Canteen Service for storage was chosen. In a June 21, 1994 Memorandum Dr. John Bauer, then the Chief of Medical Service wrote:
The Acting Associate Director responded in a June 23, 1994 Memorandum:
I assumed the position of Associate Chief of Staff/Education (ACOS/E) and John H. Bauer, M.D., Chief, Medical Service, became the Acting Chief of Staff on August 21, 1994. Dr. Bauer became the Chief of Staff in April, 1995. The Program Assistant (PA) and I moved into room D-332A on August 22, 1994. When I learned that the Hospital Director, Joseph Kurzejeski, had not completed my performance appraisal before his retirement, I appealed to the Acting Deputy Under Secretary for Health to have a performance appraisal completed. My understanding is that he met with resistance to having one completed for me. Eventually the Acting Hospital Director, Gerald L. Williams, completed an INTERIM APPRAISAL 6/12/94 to 8/20/94 and stated in the Summary: "... However, this rating does not reflect the outstanding level of personal support Dr. Dick provided to me during this period. His efforts made what could have been a very difficult assignment much easier. ... ". A June 22, 1994, Memorandum to the Regional Director states: "... The performance appraisal for the period ending June 30, 1994, for Earl Dick, M.D., Chief of Staff, will be deferred for consideration by the new facility Director." To my knowledge this did not occur. 1995: I refused to provide documents to Dr. Bauer regarding the murders because of his previous actions against me and fear for the integrity of the documents. I contacted the OIG and Mr. Cole of the OIG told my program assistant "the Director had been asked not to request these documents." I then cooperated in interviews with the OIG that spring. A few months later in May of 1995, Hospital Management reviewed and revised recommendations made by the Space Committee as part of a hospital wide proposal related to space needs. Hospital Management's revision resulted in my relocation and the Program Assistant from D-332A. Initially Hospital Management recommended the ACOS/E and PA to move to a trailer used for storage (which I was told did not have utilities). Later I was informed that I was to be moved to the former office of the secretary to the chief of staff. Finally, I negotiated for room D330, which I shared with the Program Assistant. I, Drs. Adelstein, Christensen and Simpson met with Jack H. Kroll, Assistant Inspector General for Departmental Reviews and Management Support, and told him the OIG report was incomplete, biased, flawed and dishonest. Dr. Christensen testified to that effect in the Hearing before the Subcommittee on Hospitals and Health Care on October 25, 1995 and eventually a GAO investigation of the OIG report occurred. The GAO investigation initiated by this Committee resulted in a Report titled, "INSPECTORS GENERAL VETERANS AFFAIRS SPECIAL INQUIRY REPORT WAS MISLEADING" and stated on page 3, "VA OIG’S Conclusion Regarding Alleged Cover-Up Is Misleading" and within that section stated, "Therefore, the Special Inquiry’s conclusion was not supported by work done or evidence collected and is misleading." In my next Proficiency Report, 8/21/94 to 8/21/95, I was rated by the Chief of Staff, Dr. Bauer, for the OVERALL EVALUATION as Low Satisfactory and it was approved by the new facility (hospital) director; I disagreed and submitted a written statement to be appended to my Proficiency Report. Dr. Bauer personally delivered to me a copy of a letter prepared for the signature of Thomas J. Sanders, CHE, Acting Director, which stated in paragraph 1. "This is to notify you that a decision has been made to furlough you without pay effective November 14, 1995, for a period we anticipate will not exceed 30 calendar days for the following reason: ..." To my knowledge, I was the only physician to receive such a notice. I was briefly furloughed and received reinstitution of pay. On August 10, 1995 I was called by the Hospital Director’s secretary to meet with a staff member of the House Committee on Veterans’ Affairs in the Mr. Carson’s office. As a result of that meeting I sent a multi-ring Binder containing documentation of the role of the former Hospital Director, Joseph Kurzejeski and of Region in the events at Columbia concerning the murders and cover-up. Accompanying the Binder was an August 11, 1998 letter the last paragraph of which stated:
1996: In January of 1996 I was provided a copy of REALIGNMENT OF EDUCATIONAL SERVICES by the then Acting Hospital Director, our current Associate Hospital Director, Tom Sanders. The members of the group, who developed the document, included Paul Kurzejeski, the Chief of Human Resources and the son of the former Hospital Director, and Pam Mulholland, who had been an administrative resident trainee and was selected and hired as a program analyst by Dr. Bauer. Mr. Sanders, Associate Director, was identified to provide oversight. The document states in section "D. FTE ISSUES, D.1 THE CURRENT FTE WITHIN THE ACOS/EDUCATION SECTION BE REASSIGNED TO AREAS WITHIN THE HOSPITAL WHERE A MORE APPROPRIATE FIT IS IDENTIFIED," and in "D.3 THE ACOS/EDUCATION POSITION BE ABOLISHED." After receiving the document from Mr. Sanders, I shared the document with my Program Assistant, who became concerned for her employment. Subsequently she has become the secretary for Mr. Sanders. On August 9 , 1996 I was told by the Dr. Bauer in a pre-proficiency report meeting that beginning in September or October, 1996, I was to spend 90% of my time as a staff psychiatrist. At this meeting, there was no discussion whatsoever of any failure on my part to fulfill my responsibilities as the Associate Chief of Staff for Education. This sudden imposition of a change in work responsibility from the Associate Chief of Staff for Education to that of performing 90% staff psychiatrist responsibilities, a demotion, was an action taken to punish me for an appeal to the Merit System Protection Board and this proposed demotion occurred within six weeks of my appeal to the Merit System Protection Board. 1997: I met and cooperated with Robert Lippencott, Assistant Director for Investigations, and Jim Locraft, Special Agent, of the General Accounting Office of Special Investigations in their investigation of the VA OIG report for this committee. Dr. Bauer left the VA and Dr. Terry Hoyt became the Acting COS. 1998: I received an April 23, 1998 memo from Gary L. Campbell, Director, which stated: "As part of our restructuring and consistent with maximizing the use of our resources, as a practicing psychiatrist you are assigned to the Mental Health Service Line effective immediately. Your supervisor is Jerry Parker, Ph.D. ... As part of the medical staff in this Service Line, your role is expected to expand beyond your present activities in order to assist us in meeting our overall mission to ‘improve the health of the veterans we serve.’ Specifically, you will be assigned seven half-day clinics (4 hours each) in the Mental Health Service Line. ... Your role in our newly restructure organization is an important one and we welcome you to the Mental Health Service Line. Your title, role and duties as ACOS/E will remain the same. You will continue to work with and delegate duties to the Program Assistant, Cindy Morgan. The Chief of Staff will provide input to your annual performance appraisal." I requested clarification of Ms. Morgan and my status in a May 5, 1998 memorandum to the Director. On May 14, 1998 I attended this Committee’s Hearing on GAO Report on VA Inspector General Special Inquiry Regarding Patient Deaths at the VA Hospital in Columbia, Missouri, and on VA Quality Assurance Improvement. When I returned I received a May 18, Memorandum from Mr. Campbell. Mr. Campbell wrote, "... You are still to provide work assignments and prioritization of such to Ms. Morgan as your role as ACOS/E. These assignments would be only in relation to educational duties. ... You will not approve leave for Ms. Morgan. She has been reassigned to Performance Improvement consistent with Network expectations. ... She is reassigned, performance evaluation will be accomplished by Linda McGary. As stated in my memo to you, you will provide evaluation of her to Ms. McGary for her to include in Ms. Morgan’s annual appraisal, as you are directing educational related duties to her in your role of ACOS/E. ... Your annual Proficiency Report will by completed by your immediate supervisor, Dr. Jerry Parker. Input will be provided by the Chief of Staff as it relates to your Associate Chief of Staff for Education duties. ... Leave will be approved by Dr. Jerry Parker, Service Line Director, Mental Health. ..." I received a copy of the Organizational Improvement Council minutes dated April 30, 1998 with a new committee structure which identified me as ex-officio and which had been approved and signed by Gary L. Campbell, Director. On May 18 I sought to join AFGE 903 the professional union formed at our facility. A June 2, 1998 Memorandum stated, "Management has determined that because you have retained the position ACOS/Education, you are not a member of the bargaining unit. Therefore, you are not covered by the Master Agreement between AFGE and VA. If you decide to file a grievance, you should use the Agency grievance procedure as outlined in MP-5, Part II, Chapter I. I have attached a copy of the procedure for your convenience." On June 23 I filed a grievance and sent it through Mr. Campbell, Director, to his supervisor, Patricia A. Crosetti Chief Executive Officer, VA Heartland. This was in accord with MP-5. As it was sent through Mr. Campbell it afforded him the opportunity to meet with me and to attempt to resolve it. He did not do so. A June 23, 1998 Memorandum from Ms. Crosetti stated, "... Also , that regulation (MP-5, Part II, Chapter 8 and supplement) sets forth that the facility Director will be the decision official on a grievance from an employee under the facility Director’s jurisdiction. ..." Ms. Crosetti referred me to the Federal Labor Relations Authority. AFGE 903 filed with them and in November I met with an Authority Agent. 1999: In January I learned that Beth Taylor was hired from outside of the hospital and would Chair the Education Council. I have been informed that a complaint has been filed with the VA OIG in regard to her recruitment. In February I received a signed copy of a Memorandum of Understanding which stated "2) Management agrees to recognize that Earl Dick, M.D., is a member of the bargaining unit of employees represented by AFGE Local 903. Consistent with this recognition of Dr. Dick’s bargaining unit status, management will, upon request, process a Request for Payroll Deductions for Labor Organization Dues for Dr. Dick." SUMMARY: I am here to testify about the reprisals I experienced at the Harry S. Truman Memorial Hospital and the Department of Veterans Affairs for the disclosures which I made. My personal experience has forced me to recognize that reprisal assumes many faces and damages many aspects of a person. Reprisal can damage a professional or personal reputation by means of false statements or rumors. Reprisals can harm one financially. Reprisals can limit career advancement. Reprisals can restrict the ability to perform one’s job by the removal of resources (space, personnel and budget) and through the assignment or removal of duties. My experience is that the Harry S. Truman Memorial Hospital and the VA have a culture of retaliation and reprisal. I earlier addressed false statements by Mr. Kurzejeski, Dean Bryant and Dr. Bauer in regard to me and my professional reputation. I have quoted from the declarations of VA Assistant Regional Counsel, Mr. Burke and shown the deception and disinformation present. For every VA employee approached by the VA to provide a declaration there are very few with the integrity of Dr. White who refused to sign the Declaration prepared by Assistant Regional Counsel, Mr. Burke, until it was modified and then provided an affidavit as to what occurred. On August 10, 1995 I was called by the Hospital Director’s secretary to meet with a staff member of the House Committee on Veterans’ Affairs in Mr. Carson’s office. As a result of that meeting I sent a multi-ring Binder containing documentation of the role of the former Hospital Director, Joseph Kurzejeski and of Region in the events at Columbia concerning the murders and cover-up. Accompanying the Binder was an August 11, 1998 letter the last paragraph of which stated:
When I attended on May 14, 1998 this committee’s Hearing on GAO Report on VA Inspector General Special Inquiry Regarding Patient Deaths at the VA Hospital in Columbia, Missouri, and on VA Quality Assurance Improvement, I saw my Binder being used during the Hearing and I confirmed with a staff member that this was the correct. Prior to August 1998, Mr. Kurzejeski, Dr. Bryant, Region and OIG officials were successful in forcing me from the Chief of Staff position because of the disclosures made by me and Drs. Christensen, Adelstein, and Simpson about the murders and cover-up to the Regional Site Visit Team, the FBI, and the Assistant Inspector General for Healthcare Inspections. Additionally I received unwarranted lowering of my proficiency reports by Mr. Kurzejeski and Dr. Bauer. Since August of 1998 I have received unwarranted lowering of my proficiency reports by Dr. Bauer. I was relocated from my office. Although the program assistants office space was used by other employees, my office space has been used primarily for storage until the present time. I have experienced a plan to do away with the ACOS/E developed under the tenure of one Hospital Director, John Carson, and Associate Director, Thomas Sanders, reach implementation under the tenure of Director, Gary Campbell, and Associate Director, Thomas Sanders. I received an April 23, and May 18, 1998 Memorandum from Gary L. Campbell, Director, which effectively demoted me. When I sought professional union membership Hospital Management blocked it. My grievance against the decision of the Hospital Director, Mr. Campbell, was returned to me by the VISN Director, Ms. Crosetti, stating the Facility Director, Mr. Campbell, would be the decision official. Hospital Management agreed to my membership only after investigation by the Federal Labor Relations Authority. My experience is reprisal and retaliation continues with changes in Hospital Directors. Based on my personal experience, I would urge this Committee to discuss reform for the VA to end the VA culture of reprisal, retaliation and cover-up. The lowest burden of proof should apply to the whistleblower and the Agency burden of proof should be the highest. The Agency has far more resources. An individual should be permitted to choose between a grievance procedure in the Agency or be permitted to immediately go outside of the Agency. Once a Congressional Committee accepts and uses information from a whistleblower that person should be free of reprisal in any form. I believe this should apply to those of us here, as well as Dr. Simpson, and those who have aided Congressional Committees in the last five years. My personal experience is such, that I have no reason to believe that the VA will change its culture of reprisal, retaliation and cover-up. I can only conclude this represents the culture of the VA. Sadly, I believe change must come to the VA through outside action. Dr. Adelstein, Dr. Christensen, Dr. Simpson and I have all suffered retaliation and reprisal. I have not spoken to the personal and financial cost incurred by reprisal and retaliation to the individual and their family, which in my case has been formidable. Chairman Everett, I want to thank you and the Subcommittee for the invitation to provide testimony regarding the retaliation and reprisals which followed the cover-up of murder that occurred at the Harry S. Truman Memorial Veterans Hospital. Back to News of the Hearing on |