The Jennifer Wells story
   

Quick Link to part 2 of Jennifer's Story

My name is Alice Wells and I had just recently found out about Mr. McCormacks little girl Morgan.  I would like to tell my story about what happened to my 16 mo. old daughter Jennifer Wells.  She came home in a funeral directors car from Boston to Mount Kisco, N.Y, where our home was. 

My husband and I brought Jen to Childrens for routine cleft palate surgery.  After her operation she had some swelling in her airway due to the anesthesiologist using the wrong size tube.  We had brought her records with us and asked him to review them because from past hospitalizations she needed a smaller tube for intubation.  Mr. know it all doctor said he didn't need to review any records. 

Because of the swelling Jennifer was sent to one of the two ICU units at Childrens.  The head of anesthesia, 
Dr. Robert Crone ordered her there specifically to be watched and to be hooked up to a heart and breathing monitor just in case of cardiopulmonary arrest from happening. 

On March 1, 1985 my husband and I were with Jennifer all day.  The alarm on the Hewlett-Packard heart monitor kept going off due to the fact that one of the sticky patches which held on one of the electrodes wasn't sticking on.  I repeatedly asked the nurse Marjorie Smith if she would please go and get another electrode patch that would stick so that the monitor wouldn't keep ringing all the time.  Instead of simply getting a new patch nurse Smith said to me why don't I just shut off the monitor- you're right here and I'll get the patch later." 

Being trained I knew that I would know immediately if Jennifer was having trouble breathing.  So I said 
"Alright but I do want you to get a patch later." 

Nurse Smith said that of course she would do that. 

Jennifer was well known and loved by several doctors, nurses and a dear social worker who became our good friend Dr. Virginia Rice. 

Jennifer had been a patient at Children's during June, July, and August of 1984.  Jennifer had been born with a rare syndrome which none of the genetic doctors could quite figure out.  Everyone would just say it was "The Wells Syndrome."  Of course our last name was Wells. 

Jen had nothing life threatening.  She did however have a serious problem with reflux and it seemed that everything that went down came back up.  We had an operation done at another medical center in New York called a nissenfundoplication.  They did a half a wrap -something they did wrapping the esophagus and the stomach or the other way around.  The operation was a success for about a week and then it "slipped" or came undone.  It was then that I said to my husband and Jennifer's biological father "that's it - I'm going to contact Children's Hospital in Boston, she needs to go to a world renowned hospital for help.  She had the operation repeated by a wonderful pediatric surgeon, Dr. H. Hardy Hendren who I will always have the upmost respect for. 

During that time Jen had consultations and Dr. Richard Mulligan was one regarading Jen's cleft palate. 

Several doctors who had treated Jennifer in the past had come by to see Jennifer and were all very pleased to see the result of her operation in 1984.  Jen had put weight on and was happy and healthy.  They took a look at her while 
visiting and remarked that the swelling should be down in a day or two and we should be ready to go home. 

The night of March 1,1985 I had planned to stay overnight in the ICU with my daughter.  That was allowed at Children's.  But when I told nurse Smith that, she literally 'begged" me to go. 

She said no you and your husband need to go and get a good night's sleep.  I said no I can sleep right here next to my daughter.  That seemed to irritate Nurse Smith as she became quite irate and very irritable about my staying.  I thought it was a bit strange behavior because of the fact that she continually insisted I should leave.  At the time I was very trusting of medical personel so I finally agreed to go.  We were staying with Colin and Susan Gracey who ran a bed and breakfast and a hospitality program for parents of sick children. 

Before I left I said to Marjorie Smith "please make sure you get another electrode patch." I stood there and asked her to get it before I left but her response was " Just go on home I will make sure to take care of that."  Marjorie Smith knew all along that if she didn't get a new adhesive patch the monitor would continue to ring.  Little did I know that I would never see my little girl Jennifer alive again. 

It was about 5:30 am and Reverend Colin Gracey opened the door and called softly to my husband Mike and I heard him say "Can I speak to you Mike?"  He wanted Mike to leave the room and it was just after Mike left I went into shock.  I didn't know what happened but I had a horrible feeling inside of me. 

I walked into the bathroom just outside of our bedroom and went in and looked at myself in the mirror and repeated to myself the word no no no no over and over.  I felt like I had no where to run and no where to hide. 

I went in the bedroom and sat down on the bed and just waited for Mike to return.  So many things were shooting in every direction in my mind but I still never thought the worst.  My mind just wasn't going there and I am sure that it was because of shock and that it was protecting me. The bedroom door opened and my husband looked at me with a look that will forever be in my mind. 

He said "Jennifer died Alice." 

It was a feeling that I cannot describe.  Only a feeling a parent would feel.  I was in denial. We went to the hospital and there we were met by Dr. Mulligan, Marjorie Smith, Virginia Rice our friend and social worker and several other doctors who knew us. 

Dr. Mulligan the plastic surgeon immediately tried to cover up his tracks.  He said "things like this happen all the time to handicapped children." Jennifer was handicapped but not with anything life threatening.  She was a healthy little girl. 

She walked away. 

We later found out that she was working a 16 hour shift which is no excuse but when we were leaving the hospital after being with our daughter for a long time I could not believe my eyes. 

Marjorie Smith was still working way past 16 hours in the same spot with a different patient just like nothing had happened. 

My husband and I received a telephone call from Dr. Robert Crone the head of the ICU.  He had the job of telling each of us that nurse Marjorie Smith had shut off our daughter's heart and breathing monitor, took off all the electrodes and it was a doctor who found our child dead in her crib from cardiopulmonary arrest.  In lay terms she "choked" to death.  Nurse Smith was no where to be found.  Finally she was tracked down all the way across the ICU unit helping a nurse who was a friend prep a child for the OR. 

The ICU unit at Children's is very strict about the rules being one nurse to two patients and never to leave without telling the very closest nurse so she could watch her two patients. 

Marjorie Smith knew all of this. Marjorie Smith told the people at Jennifer's mortality hearing that the monitor kept going off so that's why she took the electrodes all off and shut off the machine.  Then she said that she just left for a "few" minutes. 

We were contacted by risk management who suggested we find an attorney.  How ironic that Children's risk management would call us.  I would have thought it would have been a social worker or someone for patients rights. We were represented by Jeffrey P. Allen. At the time he was with the firm of Sisson, Lee, and Bloomenthal in Boston. 

We settled out of court in May of 1987 which I didn't want to do.  I could have cared less about any money it was the publicity they didn't like or want. 

They tried their hardest to get a gag order but the judge wouldn't grant one. To this day I truly believe that Marjorie Smith intentionally killed Jennifer.  We did take her before the Board of Registration of nurses in Boston.  What did we recieve?  A letter sent to us from Nurse Smiths peers.  Yes peers since the board was comprised of all medical people - mainly nurses.  The letter just read that no action would be taken agains't Marjorie Smith because even 
though she committed gross negligence she had been a nurse for 10 years.  Yes, but that too was nursing in about 5 different hospitals, 

So here I am today writing all this and I so desperately want to take some steps as Mr. McCormack is trying to do so that my daughter's death won't be in vain. 

I tried to bring criminal charges against Marjorie Smith many times and I was never "allowed" to do so.  All the facts that I wrote are true.  What would you or anyone else think, excluding the board of nursing that is - they 
protect their own way over the line.  There is no statute for murder so I just don't understand why I can't bring charges.  What or where are my rights? 

Oh, by the way,  just like Mr. McCormack was told and all the others who lost loved ones at Children's "We're going to make changes so that this kind of thing never happens again."  Mr. Mc Cormack was told the exact same thing as my husband and I were way over a decade ago.  I wonder who will be the next to hear those same words. 

        Thank You! 

        Most Sincerely, 

        Alice Wells 

       Allykw0313@aol.com 

Second half of Jennifers story 
        607/533/9130 

" MY EXPERIENCE WITH THE COURT SYSTEM."by Alice Kegelman- Wells. 

The first thing I would like to offer anyone who needs help with getting your stories out about medical malpractice and also support is an organization named PULSEAMERICA.org. I never want my daughter Jennifer's death to be in vain  but want to do positive things to help other people and to force these doctors and nurses and big business eg: hospitals from getting away with using their power.  And they are VERY powerful institutions as I found out close up and personal.  The players have no remorse over the patient at hand or the people and families who are near and dear to that patient.  All they care about is trying their hardest to keep any publicity as low key as possible and save the almighty dollar. 

The amount was $165,000 after two years of litigation.  I received a telephone call from a social worker from Boston 
Children's Hospital informing me that Risk management was offering to pay for me for psychiatric help.  I was allowed to choose the psychiatrist of my choice and see him as often as needed.  The risk management would make out checks to me and send them to my attorney Jeffrey P. Allen who in turn forwarded them to us.  Then I had to sign the check over to the psychiatrist.  They had said that this deal would be for a period of six months and would not exceed that time.  After the six months were up my psychiatrist told me he would no longer see me since no more money was coming in.  I pleaded with him and told him that I would pay him after we went to trial.  No deal and I literally begged my attorney to get them to continue for a while longer since I was so distraught. 

The answer was no from my attorney who spoke to risk management.  So there I was left with no one to talk to.  Little did I know that in the settlement I had to pay risk management back. 

The law firm of Sisson, Lee, Bloomenthal, and Allen were supposed to be one of Boston's finest.  They demanded 40% and I went along with that as did my husband since most of the more prestigious firms in Boston asked for 40% we 
were told by Attorney Allen.  To be really honest I had no idea that the usual is 30%. I began to realize that the very best tool I had to fight back with was publicity.  No one wanted that and I found it very strange that my attorney Jeffrey Allen didn't want it either.  I felt as if I were fighting with both Boston Children's Hospital's attorney William Dailey who represented nurse Marjorie Smith and the hospital through risk management. 

From what I understand to be a fact he is still the attorney at hand for Childrens. 

I wanted to originally in the beginning press criminal charges against Marjorie Smith but the lawyer said no that it was best to to trial and after we would do that.  Well we never went to trial and I tried hard to press charges agains't nurse Smith but the DA in Suffolk County refused my husband and I and treated us both as if we had done something wrong. 

Attorney Jeffrey P. Allen told us that he had struck a good deal and to take it.  I said no before I even heard the amount of money.  I never cared about the money but rather to go to trial and get the publicity so that changes could be made and other patients might be spared from permanent damage or death.  I told the attorney that I wouldn't settle that we would go to trial and that was it.  I told him that I would get another attorney and he said to me that no one will touch this case Alice.  He even challenged me to try to find an attorney in Boston.  He said that no one would touch it because they would know that he would take his 40% when the case was over. 

I did try to find other attorneys and he was right they brought up the 40% the other lawyer would take. In May of 1987 my husband and myself met with the attorneys and we settled. 

What did we get?  After Children's was paid for the psychiatrist and our lawyer took 40% we got $96,000 that my husband and I split between us.  It all made me sick and it always will.  Money will never compensate for a child's life or any one else's life. 

Jeffrey Allen moved right along and is the head of a large firm in Boston today.  Mike and my marriage went downhill after our daughter died although we're still living under the same roof.  And I stay in at home extremely depressed. 

And my dear sweet daughter lies in the same spot where she was buried on a cold March day in 1985. 

ICU Nurse Marjorie I. Smith still works at Childrens just as if nothing had happened. The shame of it all is that nothing has changed as a result of Jennifer's death or the many other's at Boston Children's Hospital.  Everyone is simply told the same thing changes will be made. 

They are so very good at pacification they should receive an award. The one wonderful thing that did come out of this was the fact that Boston Children's Hospital who tried as hard as they could more than one time could not obtain a gag order.  I am able to speak for many people who can't because of these gag orders. 

In life my daughter was a fighter and so am I and I have just begun to put my gloves on.  The pen is mightier than the sword and I am prepared to use it. 

In spite of what the public generally believes, a malpractice suit rarely warrents millions of dollars.  In settlements or judgments,in spite of what you see on tv,or read in the newspapers.  After paying the lawyer his 40% and having to PAY Boston Children's Hospital back for my six months of therapy my husband and I were left with $96,000.  The total was $165,000.  This case had much publicity and was before the tort reform era began,so in theory this case was worth millions. Yet we were forced to settle for the amount mentioned above. 

The settlement in this case is a travesty and insult to human life. Justice has truly been denied as this small settlement was intended to appease our family from the grave loss we that experienced 19 years ago.  The pain of this loss is as fresh today as it was then, and will never go away.  The only true hope is prevention of an avoidable adverse outcome. 

Let this story be a warning to all, learn all that you can,be vigilant,and do all that you can to keep providers that you might feel are not acting appropriatelyaway from your loved ones before it's too late.  Once something happens, there is no turning back. 

That is why I want to share this heartbreaking story with others.  Cases are rarely taken, less than 95% of victims and victims families ever sue.  Of the 5% who do, less than 7% win at trial.  Most settlements are very low.  Regulatory agencies rarely if ever act upon consumer complaints, so many situations that kill are destined to repeat over and over again.