ON AIR NOW

LISTEN NOW

Weather

clear-day
77°
Sunny
H 83° L 60°
  • clear-day
    77°
    Current Conditions
    Sunny. H 83° L 60°
  • clear-day
    77°
    Evening
    Sunny. H 83° L 60°
  • clear-day
    61°
    Morning
    Sunny. H 85° L 62°
LISTEN
PAUSE
ERROR

The latest newscast

00:00 | 00:00

LISTEN
PAUSE
ERROR

The latest traffic report

00:00 | 00:00

LISTEN
PAUSE
ERROR

The latest forecast

00:00 | 00:00

National
Lawsuit: Florida surgeon removed woman’s kidney by mistake during back surgery
Close

Lawsuit: Florida surgeon removed woman’s kidney by mistake during back surgery

Florida Surgeon Accused of Removing Woman's Kidney During Back Surgery

Lawsuit: Florida surgeon removed woman’s kidney by mistake during back surgery

A Florida woman recently settled a medical malpractice lawsuit against a surgeon who removed her fully-functioning kidney during a 2016 spinal surgery. 

Maureen Pacheco’s lawsuit against Dr. Ramon Vazquez was settled last month, according to Palm Beach County court records. The terms of the settlement were not disclosed. 

>> Read more trending news

Pacheco, a West Palm Beach resident, was 51 years old and suffering from back pain due to a car crash when she was scheduled to undergo anterior lumbar interbody fusion surgery in April 2016, the October 2017 lawsuit said. The surgery, which took place at Wellington Regional Medical Center, is described by the American Academy of Orthopaedic Surgeons as a “welding process,” in which problematic vertebrae in a person’s spine are fused together into one larger bone. 

The term anterior meant that doctors would go in from Pacheco’s abdomen instead of her back. The academy explains on its website that an anterior procedure allows more direct access to the discs between the vertebrae, which are removed during the procedure, and offers a quicker recovery time. 

Surgeons are also able to access the spine without moving nerves out of the way, but they have to move organs and blood vessels to the side to reach the spine, the website says

Pacheco told WPTV in West Palm Beach there were no signs of what would go wrong when she prepared for the operation. 

“There was no red flags or anything,” Pacheco told the news station

Pacheco’s orthopedic surgeons that day were Dr. John Britt and Dr. Jeffrey Kugler, who was the treating physician. Vazquez, a general surgeon with staff privileges at the hospital, was assigned with opening the patient up and providing access to the surgical site so the other doctors could perform the fusion. 

An administrative complaint against Vazquez filed with the state medical board by Florida Department of Health officials -- the outcome of which is still pending -- described what happened next.

“During the surgical procedure, (Vazquez) noted a pelvic mass and provided a presumptive diagnosis of a gynecologic malignancy, lymphoma and/or other metastatic disease,” the December 2017 complaint stated. “The pelvic mass was clipped, transected and removed in its entirety.”

A few days later, a hospital pathologist discovered that the mass was not cancer -- it was Pacheco’s left kidney. 

It turned out that Pacheco had a “pelvic kidney,” which occurs when a person’s kidney does not ascend like it should as the organs develop in utero. The kidney remains in the pelvis instead of settling in the flank. 

Read the administrative complaint against Dr. Ramon Vazquez below.

Dr. Ramon Vazquez Complaint by c_bonvillian on Scribd

Pacheco’s lawyers argued in the lawsuit that Vazquez was provided with MRI images taken of their client’s spine in February 2015 and February 2016. The images showed that Pacheco had a pelvic kidney. 

The MRIs also showed that the kidney was functional, the document said. 

“If he would have looked at the MRIs that were given to him, he would’ve realized it,” Pacheco told WPTV

Vazquez never confirmed what was on the images or discussed the images with Kugler and Britt before removing Pacheco’s kidney, according to the lawsuit. He also failed to biopsy the “mass” before deciding to remove it, the health department complaint stated

Pacheco was not consulted about the removal or given options for treatment of what Vazquez thought he found, the lawsuit said. 

The lawsuit stated that Kugler and Britt were negligent because they failed to exhaust all “conservative pain management options” before recommending surgery, and that they should have confirmed that Vazquez consulted with Pacheco and looked at the MRIs before opening her up. 

The doctors also failed to ensure that Vazquez knew she had a pelvic kidney prior to surgery, the lawsuit said. 

The Palm Beach Post reported that the medical malpractice insurers for Kugler and Britt settled the case for $250,000 per doctor. 

Wellington Regional revoked Vazquez’s privileges following the incident. Hospital officials told WPTV that all necessary and appropriate steps were taken to ensure it did not happen again. 

“In the 30-year history of Wellington Regional Medical Center, an incident of his nature has never occurred, before or since,” a hospital statement read

Vazquez’s attorney, Mike Mittelmark, told the Post his client did not admit wrongdoing in settling with Pacheco.

“The case was settled on his behalf for a nominal amount due to the uncertainty of litigation and in no way did Dr. Vazquez admit liability by agreeing to this settlement,” Mittelmark told the newspaper

Read the entire lawsuit filed by Maureen Pacheco below. 

Dr. Ramon Vazquez Lawsuit by c_bonvillian on Scribd

Florida law subjects a doctor to discipline for performing or trying to perform a procedure on the wrong patient, a procedure at the wrong site, a wrong procedure or an unauthorized procedure that is medically unnecessary or otherwise unrelated to the patient’s diagnosis or condition. That includes while preparing the patient, the health department’s complaint stated

“Respondent performed a medically unnecessary procedure on (Pacheco) by removing a pelvic kidney during a lumbar fusion,” the complaint said. 

The recommendation of Florida Surgeon General Celeste Philip was for Vazquez to suffer permanent revocation or suspension of his license, restriction of practice, imposition of a fine, a reprimand, probation, corrective action, refund of fees collected, remedial education “and/or any other relief the board deems appropriate.”

Pacheco’s attorney, Donald Ward III, said he didn’t expect Vazquez to lose his medical license over what happened. 

“It’s unlikely that he would lose his license over something like this,” Ward told WPTV. “What is most likely is that he would face a fine and possibly be required to do some continuing medical education so that he could learn not to make the same mistake in the future.”

There were some oddities about the case, however, on top of Pacheco losing a healthy kidney. 

“What is not common is for you to meet that general surgeon the morning of (surgery) and be told that if something were to happen to you, that general surgeon doesn’t carry any health insurance whatsoever,” Ward said

Vazquez did not have malpractice insurance, which means if he is fined by the state, the fine will have to be paid out of the doctor’s own pocket, the lawyer said.

Pacheco said she harbors “no ill will” against Vazquez.

“Everyone is entitled to their livelihood, but you should have consequences when gross mistakes and negligence are made,” she told the news station. “I just wish that he learns a lesson from the consequences. It’s always in the back of my mind -- lifelong kidney transplant or dialysis.

“Now I’m always fearful.”

Read More

The Latest Headlines You Need To Know

  • Nine explosions hit multiple churches, hotels and other locations in Sri Lanka on Easter Sunday, killing nearly 300 people and injuring hundreds more, according to The Associated Press and other media outlets. >> Read more trending news  Here are the latest updates: Update 11:20 a.m. EDT April 22: U.S. Secretary of State Mike Pompeo on Monday mourned the victims of Sunday’s bomb attacks in Sri Lanka and promised the government would provide “all possible assistance” to Americans and Sri Lankans alike. >> Sri Lanka attacks: Who are the National Thowheed Jamath? “We urge that any evil-doers be brought to justice expeditiously and America is prepared to support that,” he Pompeo said. “We also stand with the millions of Sri Lankas who support the freedom of their fellow citizens to worship as they please.” Pompeo confirmed that Americans were among those killed in Sunday’s attack, though he didn’t specify the number of American victims. “It’s heartbreaking that a country which has strived so hard for peace in recent years has been targeted by these terrorists,” he said. >> Sri Lanka attack: Danish billionaire loses three of his four children in bombings Update 9:50 am. EDT April 22: A Denver man has been identified as one of the nearly 300 people killed Sunday in bombings in Sri Lanka, his employer confirmed Monday. Dieter Kowalski worked as senior leader of the operation technical services team for Pearson, an education management company. Though the company is based in England, Kowalski worked in Pearson’s Denver office, the Milwaukee Journal-Sentinel reported.  “Colleagues who knew Dieter well talk about how much fun he was to be around, how big-hearted and full-spirited he was,” Pearson CEO John Fallon said in a statement shared with company employees and posted Monday on LinkedIn. “They tell of a man to whom we could give our ugliest and most challenging of engineering problems, knowing full well that he would jump straight in and help us figure it out. Dieter, they tell me, was never happier than cheer-leading for our customers and our company and inspiring people in the best way he knew how – by helping them to fix things and doing it with joy, happiness and grace.” Fallon said Kowalski died shortly after arriving at his hotel Sunday for a business trip. Update 7:55 a.m. EDT April 22: Three children of Anders Holch Povlsen, who owns Bestseller clothing, were killed in Sunday’s attacks, The Associated Press is reporting. The 46-year-old Danish billionaire, who is also the largest shareholder in ASOS, and his family were on vacation in Sri Lanka, the AP reported. Authorities said 39 foreigners were among the 290 people killed in Sunday’s attacks.  Meanwhile, a vehicle parked near St. Anthony’s Shrine, one of the churches that was bombed Sunday, exploded Monday as police tried to defuse three bombs inside, according to the AP. At least 87 bomb detonators have been found in Colombo, officials said. Police have detained at least 24 suspects in connection with Sunday’s bombings. Update 5:15 a.m. EDT April 22:  Government officials said the National Thowheed, a Sri Lankan militant group, was responsible for Sunday’s deadly attacks, the Guardian is reporting. However, a government spokesman said an “international network” helped the attackers. Seven suicide bombers caused six of the nine explosions Sunday, a forensic analyst told The Associated Press. Authorities also said a second Chinese citizen and two Australian citizens were among those killed in Sunday’s attacks. So far, the dead include citizens of the United States, India, Britain, China, Australia, Japan and Portugal, the AP reported. Meanwhile, a Sri Lanka military official said crews defused a homemade pipe bomb discovered late Sunday on a road to the airport outside Colombo, the AP reported. Update 12:10 a.m. EDT April 22: The death toll in the bombings has increased to 290 and more than 500 people have been wounded, according to police spokesman Ruwan Gunasekara. Among those killed are five Indians, who were identified in tweets from India’s external affairs minister Sushma Swaraj and the Indian High Commission in Sri Lanka, The AP reported. China and Portugal also said they lost citizens, and the U.S. said “several” Americans were also killed in the bombings. The AP reported Sri Lankan officials said they would examine reports that intelligence failed to heed or detect warnings of a possible suicide attack.  “Some intelligence officers were aware of this incidence,” Telecommunications Minister Harin Fernando said in a tweet, according to The AP. “Therefore there was a delay in action. Serious action needs to be taken as to why this warning was ignored.”  Update 9:50 p.m. EDT April 21: Japan has confirmed at least one citizen death and four injuries from the bombings. The country has issued a safety warning to Japanese people in the country, telling them to avoid mosques, churches and public places like clubs, malls and government offices, The AP reported. Foreign Minister Taro Kono expressed solidarity with Sri Lanka and sent his condolences to victims of the explosions. He also said Japan was committed to “combating terrorism.” Update 5:40 p.m. EDT April 21: The Associated Press reported that, according to internet censorship monitoring group NetBlocks, social media has been blocked across the country after the attacks. Most services, including YouTube, WhatsApp, Instagram, Snapchat and Facebook have been temporarily blacked out to curb false information spread, according to Sri Lankan officials. According to NetBlocks, such blackouts are usually ineffective. Related: Sri Lanka explosions: Sri Lanka shuts down social media in wake of Easter attacks “We are aware of the government’s statement regarding the temporary blocking of social media platforms,” Facebook, which owns Instagram and WhatsApp, said in a statement to The AP. “People rely on our services to communicate with their loved ones and we are committed to maintaining our services and helping the community and the country during this tragic time.” Update 3:28 p.m. EDT April 21: Police have 13 suspects in custody, impounded a vehicle they believed was used by suspects and located a safe house used by the attackers.  Related: Photos: Easter Sunday blasts at Sri Lanka churches, hotels kill dozens No one has claimed responsibility for what Sri Lankan officials have described as a terrorist attack by religious extremists. Update 9:28 a.m. EDT April 21: Police have so far arrested three people in connection to the blasts, The Guardian reported. A motive for the bombings is still unclear, investigators said.  Update 8:46 a.m. EDT April 21: At least 207 people were killed and 450 hurt in Sunday’s attacks, The Associated Press is reporting. Officials said eight blasts targeted three churches, three hotels, a guesthouse and an area near a Dematagoda overpass, the AP reported. Authorities reportedly have arrested seven people in connection with the incidents. Update 8:07 a.m. EDT April 21: Sri Lankan officials say at least 190 people, including at least 27 foreigners and two police officers, were killed in Sunday’s attacks, The Associated Press is reporting. Seven people have been arrested in connection with the eight explosions, which rocked at least three churches and three hotels, as well as a guesthouse, officials said. Update 7:35 a.m. EDT April 21: President Donald Trump tweeted condolences to the Sri Lankan people Sunday morning. “The United States offers heartfelt condolences to the great people of Sri Lanka,” Trump tweeted. “We stand ready to help!” Update 7:19 a.m. EDT April 21: Hours after explosions at Sri Lankan churches and hotels left dozens dead and hundreds more injured, Pope Francis prayed for the victims during his annual Easter message at the Vatican. Related: Sri Lanka explosions: Pope denounces attacks during Easter blessing “I wish to express my heartfelt closeness to the Christian community (of Sri Lanka), wounded as it was gathered in prayer, and to all the victims of such cruel violence,” Francis told the crowd in St. Peter’s Square, according to Vatican News. He later added: “I entrust to the Lord all those who have tragically perished, and I pray for the injured and all those who suffer as a result of this tragic event.” Every year after leading Easter Mass, the pope delivers an “Urbi et Orbi” (“to the city and the world”) message, which addresses global issues and conflicts. Update 5:32 a.m. EDT April 21: Two more blasts have been reported in Sri Lanka. A seventh explosion hit a hotel in Dehiwala, and an eighth blast was reported in the capital, Agence France-Presse is reporting. Update 4:20 a.m. EDT April 21: At least 156 people were killed in blasts at three churches and three hotels in Sri Lanka, Agence France-Presse is reporting. The dead include 35 foreigners, officials said. Update 3:34 a.m. EDT April 21: At least 137 people were killed in blasts at three churches and three hotels in Sri Lanka, Agence France-Presse is reporting. The dead include 45 people in Colombo, 67 in Negombo and 25 in Batticaloa, officials said. At least nine of the people killed were foreigners, the news agency reported. More than 500 people were hurt in the explosions, according to The Associated Press. Original report: Explosions hit three churches and three hotels in Sri Lanka on Easter Sunday, killing dozens of people and injuring nearly 300 more, news outlets are reporting. According to The Associated Press, blasts occurred Sunday morning at St. Anthony’s Shrine in Colombo, St. Sebastian’s Church in Negombo and a church in Batticaloa. Explosions also rocked the Kingsbury, Cinnamon Grand and Shangri La hotels in Colombo, the BBC reported. The Agence France-Presse news agency said 52 people died in the blasts. At least 283 people were taken to the hospital, the AP reported. Suicide bombers may have caused at least two of the church blasts, a security official told the AP.  The Associated Press contributed to this report.
  • The St. Cloud police department is searching for a young woman with a disability reported missing over the weekend. Faith Kepner, 20, disappeared Friday after leaving her home to visit a nearby grocery store. Investigators say Kepner told her family that she was going to walk to the Wal-Mart Neighborhood Market located at 2025 Nolte Road in St. Cloud.  Surveillance video from the business shows Kepner visited the store but she never returned home. Kepner is white with brown hair and brown eyes.  She’s approximately 5’05” and weighs around 110 lbs.  She was last seen wearing a pink shirt, black shorts and a black hooded sweat shirt with a heart emblem with black and red Sketchers sneakers. Investigators consider Kepner to be endangered because she lacks the mental capacity for her age, due to an illness/disability. If you know where she is, call the St. Cloud Police Department in reference to report number 19-002303.
  • For the second time in less than a year, some residents at a Lake Mary condo complex are without a home due to a fire.  50 residents of Regency Park on Lake Emma Rd. had to be evacuated this morning after the fire started in a building toward the front of the complex, just before 5:00 a.m.   It quickly spread to the roof of the building, and it took over 45 firefighters to eventually knock it down.   There were no injuries reported, although a pet cat and snake had to be rescued.   Four units in the building that caught fire are a total loss, according to firefighters.   There was another fire reported at Regency Park last summer that also caused extensive damage.
  • Another day, another teen internet challenge. This one is called Shell On Challenge. This challenge encourages teens to eat things still in its packaging. For example, eat the banana by biting through the peel. Another example is eating through the packaging of Hostess, Lil Debbie or Tastycakes including chewing AND swallowing the plastic packaging. This means teens are consuming plastic. Teens are videoing themselves and posting to YouTube, Instagram and Snapchat. Doctors are warning teens not to participate in this challenge. Fruit rinds are typically not dangerous. Eating plastic is another story. BPA has been suggested to influence hormones. Chemicals in PVC like vinyl chloride have been linked to cancers. APP USERS CAN SEE VIDEO HERE. APP USERS CAN SEE VIDEO HERE. APP USERS CAN SEE VIDEO HERE.  Actor Kevin Spacey may have been ahead of the trend on this one, as he eats a banana with the skin on in the 2001 movie K-Pax.  APP USERS CAN SEE KPAX SCENE HERE.
  • Authorities in Miami, Florida were surprised to find an 11-foot, 600-pound alligator taking a stroll in a local backyard Friday. Law enforcement checked to see if the alligator had been injured while 'At the same time, keeping a safe distance away,' said Miami Fire Rescue spokesman Ignatius Carroll Jr. 'It broke through a chain-link fence and ended up in their backyard,' said Carroll. Although wet and slimy, Miami PD and a Fish and Wildlife were able to wrangle the large reptile and euthanize it.  APP USERS CAN SEE VIDEO HERE.

Washington Insider

  • As reporters, politicians, legal experts, and members of both political parties spent the weekend going over the impact of the 448 page redacted version of the Mueller Report, it was obvious from the political and legal reactions that the fight over what Russia did in the 2016 elections - and how the Trump Campaign and President Donald Trump dealt with that - was not going to be ending anytime soon. 'There’s nothing wrong with taking information from Russians,” President Donald Trump's personal lawyer Rudy Giuliani told CNN's 'State of the Union' on Sunday, as Republicans continue to press the case that the Mueller Report absolves the President of any and all wrongdoing. 'We need to go back and look at how this fake “Russia Collusion” narrative started,' said Rep. Jim Jordan (R-OH), as Republicans looked to move on from the investigation into Russian interference in the 2016 elections, and to focus on investigating the investigators. Meanwhile, Democrats were mulling over their own options, which certainly seem to include more hearings in Congress on what was revealed by the Mueller Report, tugging the story in the exact opposite direction. Democrats pointed to comments from Sen. Mitt Romney (R-UT), who said the Mueller Report showed a 'pervasiveness of dishonesty' inside the Trump White House. Here's some things which may get some attention in the weeks and months ahead: 1. GOP still wants answers on the Steele Dossier. If you were looking for the Special Counsel's office to detail how the Steele Dossier had factored into the Russia investigation, there was precious little in the Mueller Report. The dossier was directly mentioned 14 times, but there was no mention of it contributing anything directly to the findings of the report. The Special Counsel report says nothing about the dossier as the reason for starting a counter-intelligence investigation, instead making clear that it was information from Trump Campaign foreign policy adviser George Papadopoulos which was the genesis. 'On July 31, 2016, based on the foreign government rep01ting, the FBI opened an investigation into potential coordination between the Russian government and individuals associated with the Trump Campaign,' the report states on page 14. But the Mueller Report does not address one key question - was the Steele Dossier just another effort by Moscow to disrupt the 2016 elections? This is where Republicans say they want answers - they can hold hearings in the U.S. Senate, if they wish. 2. Michael Cohen again demands retraction over Prague story. One item in the Steele Dossier which has often caused a media furor is over the assertion that President Trump's former personal lawyer Michael Cohen went to the Czech Republic on some sort of mission for the President during the 2016 campaign. Cohen has always denied it, and repeated that in testimony before Congress earlier this year. 'Have you ever been to Prague?' Cohen was asked. 'I've never been to Prague,' Cohen responded without missing a beat. 'I've never been to the Czech Republic.' The Mueller Report was clear that Cohen was believed over Steele. 'Cohen had never traveled to Prague and was not concerned about those allegations, which he believed were provably false,' the report says on page 351. On Friday, Cohen again said he was still waiting for a retraction by McClatchy Newspapers. 3. Why did Donald Trump Jr. not answer questions from Mueller? While President Trump's son has steadfastly defended his father throughout the Mueller investigation, and testified to the Congress about the Russia probe, the Special Counsel report notes that Trump Jr. did not directly aid the Mueller investigation, specifically on the infamous Trump Tower meeting. 'The Office spoke to every participant except Veselnitskaya (a Russian lawyer) and Trump, Jr., the latter of whom declined to be interviewed by the Office' - then, the next two sentences are redacted, with the explanation on page 125 that grand jury information is responsible for the redacation. In a later discussion of how President Trump handled publicity about the Trump Tower meeting, there is a redaction which involves Trump Jr. on grand jury grounds - does it indicate again that Trump Jr. did not answer questions? It's not clear because of the blacked out material - but the President's son never seemingly answered questions from Mueller's team or a federal grand jury. 4. A Trump tweet that was redacted in the Mueller Report. This seems sort of crazy, but it's true. On page 363 of the report, Mueller discusses President Trump denouncing Michael Cohen, when his former personal attorney had moved to plead guilty and cooperate with the feds. 'He lied for this outcome and should, in my opinion serve a full and complete sentence,' the President tweeted. Then there is a section which is blacked out under, 'Harm to Ongoing Matter.' But if you look at the footnote, it refers to a tweet by Mr. Trump, at 10:48 am on December 3, 2018. It's not hard to figure out which tweet that was, as it was one in which the President talks about Roger Stone not flipping and cooperating with the feds. I'm not a lawyer, so it makes no sense to me that printing that tweet could interfere with an ongoing case, but that's one of the redactions made by the Justice Department. 5. When will Robert Mueller talk in public? Democrats on the House Judiciary Committee have already sent a letter to Special Counsel Robert Mueller asking him to testify before Congress on his report. Last week, the Attorney General said he would have no opposition to Mueller testifying. Mueller operated in a much different way than previous high-profile independent prosecutors - go back to Watergate and you will see news conferences by Archibald Cox and Leon Jaworski; Ken Starr spoke to the press during the Whitewater investigation. But Robert Mueller has been totally silent, ignoring questions on his few visits to Capitol Hill, doing no interviews and saying nothing in public. An effort to get some remarks from him on Sunday after church netted only a 'no comment' - which is pretty much the most we have heard from Mueller during his almost 22 months as Special Counsel.