Accountability at root of Perry Hospital mammogram lawsuits, attorney says

WARNER ROBINS -- Sixteen lawsuits recently filed in relation to mammograms that were allegedly falsified at Perry Hospital are all about accountability, the attorney who filed them said.

“All these brave ladies came forward because they didn’t want (what happened to them) swept under the rug,” said Neal Graham, a Macon attorney representing the women.

The lawsuits were filed March 30 in Bibb County Superior Court.

All 16 women experienced the ordeal of learning that their mammograms were never read by a doctor and had to have repeat mammograms, Graham said. Several of the repeat mammograms showed abnormalities that resulted in additional procedures such as needle biopsy or lumpectomy, he said.

“All had nightmares and fears and sleepless nights about the not-knowing,” Graham said.

The majority of the women at this stage do not have a diagnosis of cancer, Graham said. But some of them have abnormalities that may be cancerous. They are still undergoing medical testing and treatment so a determination can be made, he said.

In all, 23 lawsuits have been filed in Bibb County courts in relation to mammograms that were allegedly falsified at Perry Hospital. An attorney for Houston Healthcare, which operates Perry Hospital, said in a written statement that each claim is taken seriously and is being responded to on its own merits.

Rachael Michelle Rapraeger, 31, of Macon, a former radiology technician for Perry Hospital, is accused of entering negative results for 1,289 mammograms that were not read by a radiologist from Jan. 22, 2009, to April 1, 2010. Of the 1,289, 10 of the mammograms entered as negative were reported as actually positive -- which resulted in a Houston County indictment against Rapraeger of 10 felony counts of computer forgery and 10 misdemeanor counts of reckless conduct.

Rapraeger, who resides in Bibb County maintains her innocence, said Floyd Buford, her Macon attorney.

The 16 recent lawsuits were filed against Houston Hospitals Inc., Houston Healthcare Systems, Perry Hospital, Rapraeger, Universal Radiology Consultants LLC, and Staff Care Inc.

The lawsuits allege deviation from the standard of medical care, fraud, RICO Act violations, intentional infliction of emotional distress, breach of contract and conversion. The lawsuits seek a jury trial, a minimum of $10,000 in damages, as well as punitive damages, medical expenses, attorney fees and litigation costs.

In all of the cases, each woman received a letter informing her of a normal test result when none of the mammographies were read by a doctor, Graham said. The hospital also cannot produce any of the mammography films that are generally kept on file for 10 years, he said.

“It’s really about accountability,” Graham said.

He also questioned how one employee is solely to blame -- noting that the hospital has internal auditing and accreditation procedures and that Rapraeger had to have had supervisors and co-workers around her.

“If the hospital had proper supervision ... had proper implementation of policies and procedures and had enforced (them) ... and (had) even taken note of billing going out and accounts receivable coming in, they would have caught this problem long before it got to 1,289,” Graham said.

In a written statement, Victor Moldovan, an Atlanta attorney speaking for Houston Hospitals Inc., Houston Healthcare Systems and Perry Hospital, said his clients won’t discuss the matters due to pending litigation.

“As we have said previously, an investigation indicated that the former radiology technician acted alone, and she now faces charges of reckless conduct and computer fraud,” he wrote. “Perry Hospital and Houston Healthcare System have already stated that they sincerely regret the actions of Rapraeger and the consequences that her unauthorized and inexplicable acts have caused.

“Any litigation filed related to her actions will be addressed in due course though the appropriate judicial process.”

Emmitte H. Griggs, a Macon attorney representing Universal Radiology, and John K. Train, an Atlanta attorney for Staff Care, could not be reached for comment. Rapraeger could not be reached for comment. The home number she had has been disconnected.

Other lawsuits

Of the remaining seven known lawsuits, one was filed in Bibb County Superior Court, and six were filed in Bibb County State Court.

Graham filed a wrongful death lawsuit in Superior Court on behalf of the administrator of the estate for Velma Riley, a 57-year-old teacher who died of “breast cancer and shock” in 2010, according to court documents. Riley was not named in the criminal indictment against Rapraeger.

Graham also represented a victim named in the Sept. 7, 2010 indictment, Miriam Wheelus Mizell, 63, of Kathleen. Mizell died Jan. 14 at Heart of Georgia Hospice Inpatient Care after a long battle with cancer. Mizell was among the six women who filed lawsuits in State Court. She settled out of court.

Two of the women who filed in March in State Court were not named in the indictment and have reached confidential settlements out of court, according to their attorneys.

The three remaining cases include two women named in the indictment and one woman who was not.

In addition to the lawsuits, another victim named in the indictment, Genevieve Cason Clough, has since died. Clough, 94, a homemaker, mother, grandmother and great-grandmother died Feb. 4 at Perry Hospital after a sudden illness, her obituary stated.

Her daughter, Joanelle Crosby of Perry, believes Clough likely had a heart attack. Although hard to prove and not known for certain, Crosby believes the mental stress from the breast cancer and the pain it caused resulted in her mother’s death.

Houston County District Attorney George Hartwig declined comment on whether the deaths may impact the criminal case.

Rapraeger, who is free on a $50,000 bond pending trial, does not have an attorney representing her in the civil cases, Buford said. Noting that the criminal and civil cases are intertwined, Buford said he has advised Rapraeger not to talk about it.

Buford said he is not sure how the deaths may impact the criminal case. One of the motions he filed in Rapraeger’s defense seeks to preclude any reference to the medical conditions of the victims during trial. Buford argued that the health status of the victims is irrelevant to whether Rapraeger committed computer forgery.

Another motion seeks to throw out the computer forgery charges based on a technicality, while a third motion seeks to have the case moved to another judicial circuit because of pretrial publicity. A hearing on those motions is scheduled for May 9 in Houston County Superior Court.

To contact writer Becky Purser, call 256-9559.

This story was originally published April 14, 2012 at 9:34 PM with the headline "Accountability at root of Perry Hospital mammogram lawsuits, attorney says ."