Walter Reed Navy Police Refuse to Check on Welfare of Soldier Hospitalized Against Family’s Will

POWER OF ATTORNEY STONEWALLED BY DOCTORS, NURSES, COMMAND, HOSPITAL SECURITY

by Sharon Rondeau

(Oct. 12, 2016) — On October 4, the power of attorney for a U.S. Army soldier hospitalized at Walter Reed National Military Medical Center (WRNMMC) on September 29 attempted to ascertain his well-being after being denied an opportunity to speak with him or any of his physicians over the previous three days.

On October 1, the POA visited the soldier on an emergency basis, as she was not consulted about his hospitalization until after it occurred.  The POA has told The Post & Email that her legal documents have been disregarded by Walter Reed personnel over the last six months, including the stonewalling of the release of the soldier’s medical records for four months between May and September.

An officer within the soldier’s chain of command, Sgt. Anthony E. Hill, told the POA on September 29 that the soldier had been behaving erratically that day and voluntarily went to the emergency room, about which the POA expressed doubt to Hill at the time.

In an event containing similarities four weeks earlier, the soldier had been recuperating from one-day surgery while on approved leave when a bevy of officers from the Warrior Transition Brigade (WTB), which has been providing services to him over many months during his recuperation from a traumatic brain injury, unexpectedly arrived at his residence and ordered him to report to the Walter Reed emergency room immediately.

Having received a call from the soldier of the unscheduled visit by the officers, the POA informed the group that she was recording the telephone call, which captured the WTB’s initial confronting of the soldier through the time that he reported to the ER.

When the registration clerk asked the soldier why he was there, he responded that it was upon the order of his command.

The psychiatrist on duty that evening examined the soldier and determined that there was no reason to admit him. Moreover, she was quoted as having said that she did not wish to risk her career over any “political” motivations which might have been involved in the soldier’s reporting to the emergency room.

In order to ascertain the soldier’s well-being and state of mind, the POA scheduled an emergency trip to Washington, DC on Friday, September 30. After locating him on 7 West and speaking with him, she told The Post & Email that she was convinced that Hill’s account of events was inaccurate.

The POA additionally reported that she was not permitted to visit with the soldier in his room; rather, medical personnel on the floor insisted that they use the family waiting room.  They further refused to allow her privacy with the soldier by remaining in the room, after which she and the soldier stepped out into the hall to talk.  The POA also said that she was told she could not use a recording device or take any photos while there and that she observed other families visiting their loved ones without supervision.

Following her return home on Sunday, October 2, unable to extract any information from anyone on 7 West, the POA did as they suggested and contacted the soldier’s attending physician, who had been unavailable over the weekend.  She left several messages and requested a return call to which she received no response.

Communication with the soldier had come to a halt, as his cell phone had been left in a drawer in his apartment as observed by the POA while she was in Washington.

On October 3, the soldier’s secondary power of attorney and spiritual adviser, who is from the Washington, DC area, filed a report with the Montgomery County, MD Police Department (MCPD) stating that he had been barred from gaining access to the soldier to check on his well-being, an issue which contradicts the hospital’s policy of a patient’s right to speak with a member of the clergy.

The MCPD told the POA/spiritual adviser that it has no jurisdiction over Walter Reed.  Therefore, on October 4, the POA called the 7 West nurses’ station and spoke with a woman identifying herself as the charge nurse. When the POA requested details about the soldier’s current condition, the charge nurse declined to provide them, citing instructions from “the command” allegedly stating that only they could obtain medical updates.

The soldier’s unexpected hospitalization appears to be the culmination of the Army’s attempt to ensure that he does not speak through his POA about allegations of misconduct he has made over the last four years involving his chain of command, his former wife, a traumatic brain injury which he suffered at the hands of four unnamed likely federal contractors who have never been prosecuted, and his prolonged classification as active-duty despite his 100% disability rating and pending discharge.

“They’re trying to isolate him,” the POA observed just after returning from her trip.

Unable to obtain medical information, reach a physician, or receive assistance from the metropolitan police, the POA decided to contact Walter Reed police, which is staffed by the Navy.

She began by calling the Walter Reed main number and asking for the Navy Police, after which she was transferred to a gentleman who then transferred her to “Navy Dispatch.”  As The Post & Email listened, the POA explained that she has provided her POA documents to 7 West but was denied direct contact with the soldier as well as medical updates from the staff.  “This is federal habeas corpus,” she told the Navy officer.  “No one can gain access to him…because we’re his family.”

The officer responded, “First, I wish to apologize; I’m familiar with the policies of 7 West, and of course, this information falls under HIPAA, which is protection of patient privacy.  I’m going to provide you with some phone numbers for the Public Affairs office. I recommend you speak with them on this matter; they would probably be able to direct you to the information that you’re looking for. Do you have a pen handy, please?”

The POA responded:

Yes, but what I want, sir, is I want an officer to go up there and physically check on him.  I understand HIPAA; I’ve given them all the paperwork; I can email or fax it over to you right now; I just want to know that he’s alive and OK.

She then provided his name, to which the officer responded,  “The only information I can provide you is that he is a patient, and he is a patient of 7 West. Like I said, that’s all I can provide you.  On the matter of sending an officer up there, all I can do is direct you to a watch commander, and he can explain the situation, too, if you wish.”

The officer asked for her identification and contact information, which she provided.  He then placed her on hold to reach the watch commander.

She was on hold for almost three minutes, after which the Navy officer returned and said, “OK, I’m going to transfer you to the watch commander now, alright?” to which the POA said, “Thank you.”

A phone rang and a male voice answered.  The POA identified herself and told him that she was recording the call.  She explained that she made “an emergency flight” to visit the soldier and that she had been unable to speak with him following her return home.  She continued:

I’ve been calling all day today, and now they’re telling me they can’t tell me anything; they can only give information to the commander.  They are holding him hostage and blocking us from speaking to him.  I need someone to go up there just to be able to tell our family that he’s OK, he’s breathing, he’s there.  This is not that hard.  People quote me “HIPAA rights,” but they’re violating our HIPAA rights.  We have the paperwork’; I’ve complied; I’ve given everything. I have a right to know that he is safe and that he is OK.  We haven’t spoken to him, and to tell us that we can’t speak to him is a direct violation.

I called the local police and they said I had to call you because they don’t have jurisdiction. They can’t come on the post.  I have a police report from our minister, who went to the police because he’s blocked from coming to pray and see the soldier.  So they said we have to call the Navy police or whoever the MPs are on post.  I can provide you with the recording. This beats all I ever heard of.

“Have you tried calling the ward?” the watch commander asked.

Yes, that’s what I’m telling you.  I can give you the recording.  The charge nurse refuses to tell me anything.  She says she was told she can speak only to the commander.  I’ve given them the legal paperwork; we’re next of kin; we have documentation; what else do we need to do?  I’ve asked, “Is he breathing; is he alive?” She wouldn’t give me anything, and it turned into a verbal war over the phone.

We just want somebody to lay eyes on him and say, “He’s fine.”  Everybody keeps quoting HIPAA, but we’ve been violated.

“Your next step is to contact his commander directly, and I’m sure that he would be able to give you the welfare of the soldier.”

So you’re telling me that I can’t file a report and ask the Navy police to go up there and do a welfare check.

“We’re not allowed on the ward unless we’re called to the ward.”

So the doctors aren’t going to tell me anything; the commanders aren’t going to tell me anything; the local police doesn’t have jurisdiction and the MPs are say8ing that they can’t even do a welfare check for an out-of-town family because we haven’t heard from the soldier as to what is going on?

(Annoyed) “Ma’am, you just told me you were directed to contact the commander.”

No, I didn’t say I was directed to contact the commander; i said the charge nurse said that she was directed to only give information to the commander. And I said, “We’re his family; here’s the legal paperwork; you have it.

“So you should contact his commander, then.”

That’s what I’m saying, sir, we’ve contacted the commander; they won’t respond or give us any information, and the nurses and doctors have been told, “Don’t talk to them.”  We don’t know if the soldier’s OK or what.  That’s why I’m calling the police for a welfare check.

“Ma’am, if he’s on the ward, then he’s fine.”

We don’t know that for sure.

“If he’s a patient on the ward, then he is fine.

So you’re going on record  as saying that he is fine, so you’re taking liability if something has happened to him?

“No, because there is not any law enforcement action in this, ma’am.”

It’s not about action; it’s about doing a welfare check for a family to say that he’s OK.

“We are not allowed on that ward unless we’re called there.  That’s why it’s called a psychiatric ward.

And I’m telling you that I’ve called the ward over and over —

“You need to contact Patient Advocacy, and they’ll be able to assist you.”

OK, so this time of night someone from Patient Advocacy is going to answer.  Please give me your name.

“Lieutenant Ordonee.”

Spell that for me, please.

“O R D O N E E.”

(Short silence)

And do you have a supervisor, sir?

“Yes, the chief of police.”

What’s the chief of police’s name, sir?

“Carl Stanley.”

And does he have any contact information?

“Ah, he’s not in the office for the week.”

Does he have email?

“Pardon me?”

Does he have email?

He’s not available for the week.

OK, who —

“Pardon me?”

Who is next in charge when he’s not there?

“The deputy chief.”

What’s the deputy chief’s name?

Ahhh, Michael Davidson.

Does he have contact information?

“Yes, everybody has contact information.”

May I have an email address for him?

“Ummmmm, actually, unfortunately, this is a non-secure line, so I can’t give that information out.

(Laughs) Wow, that’s really good.  OK, so this is a non-secure line and you can’t give that information out.  Alright.  Thank you, sir.

(Hangs up.)