Families in New York's Medical Indemnity Fund have emotional meeting while waiting for state to address issues
NEW YORK — Families with children injured by medical malpractice at birth and pushed into a New York state fund to receive critical care are waiting for state officials to address claim denials.
Due to a unique law enacted under former Gov. Andrew Cuomo, the state dissolved half the settlement they won in a lawsuit and promised lifelong care, but parents say their claims under the state's Medical Indemnity Fund (MIF) are consistently delayed or denied.
"This is affecting all of us"
Several families enrolled in the Medical Indemnity Fund recently met face-to-face for the first time. Minutes after coming together, one child had a mild seizure. The father of another child broke down in tears after witnessing the medical episode.
"Since my son Chase doesn't suffer from seizures, it's tough to see another child in this fund suffer the way other kids do," Walter Sadowski said. "I mean, not that Chase's condition is great by any standard, but to watch other children in this fund..."
"Seeing my dad cry like that ... This is affecting all of us in our own way," Chase Sadowski said.
The fund's impact is even reaching siblings.
"I have an 8-year-old child, who tells me that when we're gone, he's going to take care of our son. That is just terrible that in his head, he knows when we're gone, that's going to be his journey," father Raul Moreno Carreon said.
"I just feel incredibly sad for all these kids," said Luis Moreno Olivo, whose brother is in the fund.
Families encouraged to contact legislators about MIF issues
In May, families were shocked when the fund briefly stopped accepting new kids. It's facing a projected shortfall of $3 billion.
Lawmakers told CBS News New York investigative reporter Mahsa Saeidi they too have questions about the fund's finances.
In September, we pressed Gov. Kathy Hochul to hold a public meeting with all stakeholders present: Department of Health, fund administrators and hospitals.
Weeks later, Hochul's staff arranged for a private call instead. In those 30 minutes, families say they brought up concerns like the fund's rejection of mandatory medicine.
"We're approved for life, right? But we have letters saying her medication is canceled," father David Diaz said.
The Sadowski family brought up the fund's delay in fixing a wheelchair lift inside their home.
"For my son to have to be carried like a baby up and down stairs at 17 years old? Ridiculous ... I had another appeal hearing with the elevator not being installed and the lift not working, that a walkway could be installed for [Chase] to access in a different way other than being carried. A judge denied across the board any other opportunities for us," Walter Sadowski said.
Families say the governor's staff encouraged them to contact legislators, but legislators tell CBS News New York they're waiting for the governor to unveil her budget in January.
"It seems that a lot of legislators are either not on the committees or they're not well-educated in understanding how the MIF works," mother Denise Olivo said.
A spokesperson for the governor's office released the following statement:
"New York State's Medical Indemnity Fund was created in 2011 by the previous administration. Governor Hochul has focused on addressing the program's challenges and complexities to support the families it serves. When the MIF faced a financial crisis earlier this year, Governor Hochul stepped in with an unprecedented $58 million State investment to save the program and ensure it would continue to provide the necessary support to impacted families. Members of our staff recently met with families served by the MIF to discuss these issues – and as noted in the meeting, the Governor remains committed to working with the Legislature and all stakeholders to ensure long-term sustainability of the MIF."
In the meantime, families tell CBS News New York since Saeidi has started reporting on this issue, they're no longer suffering alone. Hundreds are in touch now, and they feel there's power in numbers.
