NEW YORK — Families with children injured at birth due to medical errors and placed in a New York state fund for critical care waiting for government officials to address claim denials.
Under a unique law enacted under former Governor Andrew Cuomo, the state rescinded half of the settlement they won in a lawsuit and promised lifelong care. parents say their claims under the state’s Medical Indemnity Fund (MIF) are consistently delayed or denied.
‘This affects us all’
Several families enrolled in the Medical Indemnity Fund recently met in person for the first time. Minutes after they got 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 does not have seizures, it is difficult to see another child in this trust suffering like other children,” Walter Sadowski said. “I mean, not that Chase’s condition is great by any standard, but to look at other kids in this fund….”
“Seeing my dad cry like that… This affects us all in our own way,” Chase Sadowski said.
The fund’s impact even reaches brothers and sisters.
“I have an eight-year-old child who tells me that when we’re gone, he’s going to take care of our son. That’s just terrible that he knows in his head that when we’re gone, that’s what’s going to happen.” be his journey,” said father Raul Moreno Carreon.
“I feel incredibly sad for all these children,” said Luis Moreno Olivo, whose brother is on the fund.
Families are encouraged to contact lawmakers about MIF issues
In May, families were shocked when the trust briefly stopped accepting new children. The country faces a projected deficit of $3 billion.
Lawmakers told investigative journalist Mahsa Saeidi of CBS News New York that they too have questions about the fund’s finances.
In September, we urged Governor Kathy Hochul to hold a public meeting with all stakeholders present: the Department of Health, fund managers and hospitals.
Weeks later, Hochul’s staff arranged a private meeting. In those 30 minutes, families said they raised concerns, such as the fund’s rejection of mandatory medications.
“We’re approved for life, right? But we have letters saying her medication has been stopped,” said father David Diaz.
The Sadowskis brought up the fund’s delay in repairing a wheelchair lift in their home.
“For my son to have to be carried up and down the stairs like a baby at the age of 17? Ridiculous…I had another hearing where the elevator was not installed and the elevator did not work, and that a walkway was needed for it could be installed [Chase] to gain access in some way other than being carried. A judge has denied us all other options across the board,” Walter Sadowski said.
Families say the governor’s staff has encouraged them to contact lawmakers, but lawmakers tell CBS News New York they are waiting for the governor to release her budget in January.
“It appears that many lawmakers either do not serve on the committees or are not properly trained in understanding how the MIF works,” said parent Denise Olivo.
A spokesperson for the governor’s office released the following statement:
“The New York State Medical Indemnity Fund was established in 2011 by the previous administration. Governor Hochul has focused on addressing the challenges and complexities of the program 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 continues to provide necessary support to affected families. Our staff recently met with families served by the MIF to discuss these issues – and as noted during the meeting, the Governor remains committed to working with the Legislature and all stakeholders to advance the sustainability of the MIF long-term guarantee.
Meanwhile, families tell CBS News New York that since Saeidi began reporting on the issue, they are no longer suffering alone. Hundreds are now in touch and they feel there is strength in numbers.
Mahsa Saeidi
