- msnbc.msn.com/id/41694606/ns/health-infectious_diseases/
- msnbc.msn.com/id/42667886/ns/health-health_care/t/killers-quest-allow-organ-donation-after-execution/
- msnbc.msn.com/id/43529641/ns/health-health_care/t/nurses-suicide-highlights-twin-tragedies-medical-errors/
- vitals.msnbc.msn.com/_news/2011/11/23/8982673-a-second-chance-for-faulty-food-fda-calls-it-reconditioning
List date(s) this work was published or aired.
Feb. 22, 2011; April 21, 2011; June 27, 2011; Nov. 28, 2011
Provide a brief synopsis of the story or stories, including any significant findings.
The Feb. 22 story, “FDA knew of problems at plant that made tainted wipes,” was the second installment and the first investigative work in an ongoing series that was the first to show that lax FDA oversight allowed rampant problems with medical prep products used by millions and blamed for deaths and infections nationwide. Our reporting uncovered facts and documents that led to closure of the medical supply plant, seizure of more than $6 million in products and a U.S. Senate inquiry into FDA’s inadequate enforcement. The April 21 story, “Killer’s quest: Allow organ donation after execution,” explored issues sparked by the demands of Christian Longo, an Oregon death row inmate who wants to change federal and state rules that bar inmates from donating organs after death. The story sparked a public debate in the American Journal of Bioethics about the issue. The June 27 story, “Nurse’s suicide highlights twin tragedies of medical errors,” delved into the wrenching issue of the impact of medical errors on the caregivers who make them, the so-called “second-victim” effect. It highlighted the suicide of a nurse who accidentially killed a child with an overdose and has since been added to the curriculum of a patient safety program in at least one hospital and and the required reading in at least two nursing programs. The Nov. 28 story, “A second chance for faulty food? FDA calls it ‘reconditioning,” explored the FDA’s little-known practice of allowing food firms to “rework” products that are imperfect, mislabled or contaminated. It followed a news story about a Washington state fruit producer that reconditioned moldy applesauce for public consumption.
Explain types of documents, data or Internet resources used. Were FOI or public records act requests required? How did this affect the work?
The start of the wipes investigation hinged on FDA Form 483 inspection documents supplied by a confidential source and then validated through FDA.zilla records because of the FDA’s excruciatingly slow FOIA response process. Inspection records later obtained through FOIA, particularly by invoking the FDA’s ‘rule of three’ mandate, were vital to the investigation. The nurse’s suicide story was largely based on material from a public records request and review of the entire state disciplinary file for Kimberly Hiatt. The review supplied crucial information about the medical error and subsequent response not available because the subject was dead and officials were constrained by privacy rules. It also revealed that hospital officials may have discriminated against her because she was a lesbian, among other factors. The reconditioned food story again required FOIA of FDA inspection records to reveal the extent of the problems at the fruit processing plant. We’ve also FOIA’d additional reports about specific reconditioned products, but have not yet received them.
Explain types of human sources used.
Human sources used for these stories were among the most sensitive encountered by reporters. Gaining access to a Death Row killer, even by telephone, was a complicated, time-consuming process. Our request to meet with Christian Longo in person was denied. Interviewing the parents, siblings and partners of a nurse who committed suicide because of a terrible error was a delicate dance requiring sensitivity and skill.
Results:
The most significant results have come as a result of the tainted wipes investigation, which led to closure of the plant, seizure of more than $6 million in medical supplies, a Senate inquiry into FDA’s lax enforcement and the agency’s own admission that they fell down on the job.
Follow-up (if any). Have you run a correction or clarification on the report or has anyone come forward to challenge its accuracy? If so, please explain.
None.
Advice to other journalists planning a similar story or project.
Invoking the “rule of three” required of government agencies can help shake loose FOIA requests. That rule requires that when three entities request the same document, it will be posted in the government’s online reading room.