Colorado

Michael Skolnik received the 2005 Consumer Protection Award on May 5th at the Colorado Trial Lawyers Association Spring Dinner. Michael's parents accepted the award for Michael for the greatest sacrifice one can give. Patty and David Skolnik have started a group Colorado Citizens for Accountability to help in the movement for justice. Read their heart breaking story from when a nurse first arrived in their son's hospital room with a hand drill to the last minute of Michael's life, when he told his father "I love you."

Michael Skolnik
Denver, CO

On June 4, 2004, Patty and David Skolnik lost their only child, Michael. The technical cause of Michael's death was listed as pneumonia, but that didn't sound right to Patty and David. At the time of Michael's death, he had spent almost two and a half years suffering as a result of unnecessary brain surgery conducted by a neurosurgeon that has multiple malpractice lawsuits pending against him.

In September of 2001, Michael was 23 years old, he had already decided that he wanted to spend his life caring for others. He was an EMT and was working hard to fulfill his pre-requisites for nursing school.

After Drilling, There Was No Cyst

On September 17, 2001, Michael passed out. A CT scan showed that Michael had a possible colloid cyst. The next day Michael's primary doctor ordered an MRI. Patty consulted with a neurosurgeon who said it was urgent to have Michael in ICU for observation. The neurosurgeon did not mince words, he said Michael was lucky he did not die when he passed out. He needed a ventricular drain put in immediately and would have to have brain surgery within two days.

Shortly after Michael arrived in his room, a nurse holding a hand drill arrived to put in a ventricular drain with the doctor. "They did it in his hospital room," Patty said. "With a hand drill," said David. When the nurse came from the room, she told us Michael had stopped breathing during the procedure, Patty said. She gave me the breathing tube they used on him. When we asked the doctor about it, he said, "Who told you that?"

On September 21, 2001, what was to be a three hour surgery, turned into a six hour ordeal. Patty got a call from the OR-the surgeon could not find Michael's cyst. Hours later when the surgeon came to speak to the Skolniks, he said he "never found the cyst, but had to do heavy manipulation of his brain." The doctor then took the weekend off.

This was the beginning of a thirty-two month nightmare of brain surgeries, bleeds to the brain, infections, pulmonary embolism, DVTs (blood clots causing severe damage to the brain, lungs, and heart), paralysis, and more than four million dollars in medical bills. All for a procedure that was totally unnecessary. A later examination of the CT scan showed the neurosurgeon's pressure to rush into surgery was also unwarranted.

The Nightmare Continues

Michael spent five months in ICU, after which he was released to Craig Hospital for rehabilitation. After four months, the doctors told the Skolniks there was nothing they could do to help Michael. He was hemiplegic, blind 50% in both eyes to the left, had a severe seizure disorder, no short term memory and was psychotic. They urged the Skolniks to take Michael to Bakersfield, California to the Centre for Neuro-Skills where they dealt with brain injuries that had behavioral accompaniment. The insurance company would not pay to fly Michael to California and it was going to cost $7,000 for them to do it privately. Patty and David, with a friend, Mark, rented a motor home and drove 27 hours for their last hope. Michael remained in Bakersfield for 8 months. The Skolniks, still needing their jobs, went every two weeks from Denver to California to participate in Michael's therapies.

In January, 2003, Michael was able to take a few steps and speak a few words. He still had hallucinations, sleep apnea had been diagnosed as well as endocrine system problems causing Michael to gain 100 pounds.

Patty and David flew Michael home to Denver, where Michael insisted he never lived. It was only 6 weeks before the next medical crisis occurred. Michael's hypothalamus stopped regulating. Michael had 107.5 degree temperature and went into multi-organ failure.

"I love you"

The last 18 months of Michael's life was a blur. He was hospitalized, had another desperate trip back to Craig Hospital, and finally returned home in December of 2004. Michael was on oxygen, couldn't walk, talk or eat, he could barely move his right hand. His vision was severely impaired. He wore diapers. He ate through a tube in his stomach. And had miscellaneous tubes inserted in him for other bodily functions.

Patty and David weep openly when they discuss these memories.

Michael was approved for 24 hour, 7 days a week nursing care at home. The problem was there were no nurses available. David turned their home into an ICU unit. The Craig Hospital nursing staff taught Patty and David how to care for Michael and they did so without help from December to the middle of April, 2004.

On June 1st, Michael had a severe seizure after the attending nurse—who was supposed to monitor him—fell asleep. During the seizure, Michael aspirated vomit and other fluids, which then went into his lungs because the nurse was not available to turn him on his side. He was taken once again by ambulance to the hospital, but it was too late. The fluids on his lungs led to pneumonia and on June 4th, Michael looked his father in the eyes, mouthed the words, "I love you," and died.

Michael's Parents Continue to Fight

Michael's death certificate said pneumonia, but it has been changed to the correct medical diagnosis. Patty and David feel it should read "Death by Surgeon". "We will not go away quietly", the Skolniks said. "Michael fought so hard to live, there's no way we're giving up without his voice being heard."

Since Michael's death, the Skolniks have launched Colorado Citizens for Accountability to preserve, improve and protect the rights of individuals and families within the justice system. They also provide resources to help Colorado residents that have been hit with rising insurance costs, an unfair cancellation of an insurance policy, or predatory lending schemes and/or have been injured by medical negligence.

Visit Colorado Citizens for Accountability on the Web at www.coloradocitizensforaccountability.org.

Updated June 2005