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A murderous arithmetic
by Malcolm Everett Sunday, Jan. 14, 2007 at 8:12 AM
meverett@techemail.com Kirkland Lake, ON

Arlene Berry died as a result of multiple medical errors that 'but for medical negligence and criminal negligence' death could have been prevented or avoided. The bald truth is that Arlene Berry endured terrible mental pain and suffering at on the order of her cruel-hearted egoistic physician, while slowly suffocating to death due to drug induced respiratory paralysis and central nervous system depression, while under the influence of analgesia produced by a combination of an opioid analgesic and a neuroleptic resulting in chemical restraint.

   A murderous arithmetic

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The Arlene Berryt Death Coverup

 

A failure of ethics and law

The really big fish usually get away with murder because they are tipped off in time -- the connected doctors have very powerful networks with very powerful ties. This story is every bit as horrific as it sounds.

Some 16 hours after the patient's admission to Kirkland and District Hospital on May 23rd of 2000  and in fact less than 5 hours following her transfer to Sudbury, Ontario,   the decedent's family were notified by Dr. Sauvé  that Arlene Berry had just died meeting brain death criteria, in the face of a clinical condition simulating brain death for which life support was prematurely and wrongfully discontinued due to an unauthorized DNR. Although the facts suggest the involvement of a bacterial or possible viral infection, the patient's condition was exacerbated by the treatment she received under the care of the Kirkland and District Hospital.

Mark Spiller, a local appointed coroner at the Kirkland and District Hospital , sought to mask the cause and manner of Arlene Berry's death, clearly an obstruction of justice,  to serve to the advantage of his  full-time practice, and the reputation of the hospital in which he practices.  Such coroners will tend to avoid having an autopsy performed because of  pressure  from the hospital to evade liability, akin to fraud.  In this case, a liability murder with the help of a long standing classmate of his from the U of T, which clearly makes him an accessory to conceal an indictable offence, and  a party complicit to medical  homicide.

Edward Henry Jordan and Mark Arthur Spiller, were cross-covering physicians in the ER at the Kirkland and District Hospital.   A cross-covering physician  are generally charged with the care for patients in the absence of another physician in the  interim.  Although the medical record is up-to-date (providing accurate information to cross-covering doctors, or emergency response),   and the even though notes in the medical record may contain all the information needed to care for patients, cross-covering physicians make many decisions without the benefit of the patients' chart which can easily translate into medical error, or other negligence due to lack of detailed knowledge about patients and poor communication.  At all times material, Dr. Spiller, who failed miserably in his duty of care,  had been a local appointed corner for the KDH, working directly under Dr. Barry A. McLellan  who so happened to be not only the Regional supervising coroner for Northeastern Ontario,  but also Dr. Spiller's immediate supervisor at the time of Arlene Berry's death.
 
Dr. Jordan had asked us (family) bluntly if we would prefer to "let nature take its course". Passive euthenasia involves just such an allowing of "nature to take its course".  According to Dr. Jordan, "we had discussed the option of a DNR order but the family was not in favour of this, and a decision was made to intubate Miss Berry. She was transferred to Sudbury Regional Hospital with ventilatory support under the care of Dr. Adegbite."
 
 
The bald truth is that Arlene Berry was bundled off to Sudbury by air ambulance with a Nature Code 0 (No Code = No Care),  a  DNR (do not resuscitate) order and withdrawal of life support  issued by Drs. Jordan, and Spiller,  against family wishes.  Arlene Berry  ultimately ended up in the care of Dr. Stephane Jean Sauvé, a long standing friend and classmate of Dr. Spiller from the University of Toronto. It was Dr. Sauvé who withdrew life support after receiving a telephone call from Dr. Spiller while the patient was in transit.   According to Dr. Sauvé, Arlene Berry  died meeting  “brain death criteria”.   Somebody is likely to have cut some corners in carrying out the testing and diagnosis,  indicative of a  a failure to apply the tests and criteria for determination of brain death with proper attentiveness and rigor. In other words,  acting with wanton and reckless dirregard for human life. According to the information, Arlene Berry had been  "breathing spontaneously". In this case life support was withdrawn  in the face of paralytics, cold body temps such as hypothermia , and while  hypovolemia, hyperglycemia,  and other treatable conditions such as dehydration and electrolyte imbalance were presentTotal document  
 
 Hypothermia causes mild hypokalemia, hyperglycemia, and and metabolic acidosis due to intracellular shifts caused directly by lowering the temperature.
 
 Patients who are brain dead have typically mid position pupils that are between 4-6 mm in size. While the clinical feature of ‘fixed dilated pupils’ is a valuable clinical sign it does not necessarily mean that the patient has severe brain injury. Central nervous system involvement in many untreated conditions , diabetes mellitus,  brain stem encephalitis, pinealomas and multiple sclerosis can cause fixed dilated pupils,  notwithstanding  misdiagnosis of brain death in the patient with severe Guillain-Barré syndrome who develops fixed dilated pupils, as in this case. 
 
 
A valid brain death diagnosis can be made only after a thorough battery of tests has been carried out on the individual. The clinical determination of brain death involves reflex tests, tests for responsiveness to pain, ocular movement tests, breathing tests (to assure they cannot breathe or gasp on their own), body temperature tests, and tests for the absence of drug intoxication or poisoning. The initial determination is reassessed after a suitable interval, and then confirmatory studies can be carried out – tests such as blood flow studies to the brain, or EEG tests to confirm the absence of any electrical activity in the brain.
 
Drug intoxication and neuromuscular blockade use are reversible causes of unresponsiveness that can mimic brain death. Neuroleptanalgesia is an intense analgesic and amnesic state produced by the combination of narcotic analgesics and neuroleptic drugs, a form of analgesia accompanied by general quiescence and psychic indifference to environmental stimuli, without loss of consciousness, and produced by the combined administration of a major tranquilizer (neuroleptic) and a narcotic. 
 
Neuroleptanalgesia, which is produced by the combination of an opioid and a neuroleptic tranquilizer, is defined as a state of CNS depression
 
Picture yourself or that of a loved one with most of your senses blunted, unable to move, speak or even open your eyes due to a severely paralyzed motor function -  you try relentlessly to free yourself until you become so overwhelmed by exhaustion, fright and panic that your heart begins to give out. That's exactly what happened to Arlene Berry, as evidenced by her Cardiac Index.
 
After a loss of perfusion of perhaps 15 minutes due to an inferior ischemia, possibly resulting in permanent brain damage to this patient, they performed a paltry CT to justify reasons for her death, then they shipped her off to the morgue after stealing her eyes where she remained for several days before returning her remains to Kirkland Lake, Ontario.
 
At the time of her death, I was informed that Arlene Berry’s eyes had been taken by Dr. Sauvé at the Sudbury Regional Hospital upon remote party consent, utilizing deception to obtain that consent, bypassing permission from Arlene Berry's immediate family.  Indeed, IF this is true,  the fraudulent taking of the patient’s eyes to conceal the true nature of the patient's death is seen as theft.  However, evidence suggests that perhaps Dr. Sauvé merely pretended to take the deceased victim's eyes to conceal evidence of sunken eyes, associated with a withdrawal of life support in a critically ill patient  due to severe dehydration.
 
Interestingly, Dr. Sauvé was a classmate of Dr. Spiller from the U of T, Class of '89.
 
Dr. Spiller's fatal error was that he wheedled himself, predictably, upon the favours of one of his self-aggrandize and flatter classmates, Dr. Sauvé to perpetrate an almost perfect crime.
 
 
Drs. Barry Alexander McLellan,  and  Mark Arthur Spiller  engaged in patronage with conflict of interest evident, , including the potential. conflicts associated with investigators of  the College of Physicians and Surgeons of Ontario, and the Health Professions Appeal and Review Board. 
 
 Governing or regulatory colleges such as the CPSO regulate the work of regulated health professionals. Each regulated practitioner  belongs to the governing or regulatory college, clearly a conflict of interest. The panel consists of at least 3 persons, one of whom must be a member of the public who is appointed by the Ontario government.  The bald truth is that the coroners' office is used as a comfortable dumping ground  (a mop and bucket detail) for cases embarrassing either to the government or the medical profession,  and for all that’s wrong with Ontario's health care system.
 
We all know that death statistics influence government spending for health care. Arlene Berry's death came at a time when the Kirkland and District Hospital was holding its hand out for more money. What most people don't know is that the KDH has been engaged in an ongoing conspiracy to increase its funding by whatever nefarious means and various forms of skullduggery notwithstanding. Virtually everything about this hospital at the time of Arlene Berry's death implied bewilderment with priority given to superfluous renovations to bolster corporate egos, while indigent health care recipients were being turned away at the door.
 
Further, a physiciansConflicts of Interest exists in medicine when the physician's primary responsibility to the patient is influenced by secondary competing considerations such as, for example, personal gain or the obligation to control health care costs to bolster more egos, at the expense of public safety.
 
It is one thing to allow victims of medical mistakes to die with dignity and without pain, but it is quite another to precipitate death following iatrogenic injury because the victim has thus become an economic inconvenience due to mindless hospital containment policies. Such appalling treatment and lack of compassion is nothing short of criminal. It did not arise suddenly, but represents years of an insidious cesspool of cultured unaccountability at the Kirkland and District Hospital.
 
Arlene Berry died as a result of multiple medical errors that 'but for medical negligence and criminal negligence' death could have been prevented or avoided. The bald truth is that Arlene Berry endured terrible mental pain and suffering at on the order of  her cruel-hearted egoistic physician, while slowly suffocating to death due to drug induced respiratory paralysis  and central nervous system depression, while under the influence of analgesia produced by a combination of an opioid analgesic and a neuroleptic resulting in chemical restraint.
 
It is  believed that each successive error of omission and commission by Drs. Jordan and Spiller was deliberate, and premeditated - each to coverup one and the other in a bizarre chain of events leading to death. What may well have began with misdiagnosis and medical misadventure was seen not only to be compounded into criminal negligence, but possible homicide followed by complicity, collusion, coverup and corporate criminal coverup by the Kirkland and District Hospital.
 

PART IV: OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE

Misconduct of officers executing process

s. 128.  Every peace officer or coroner who, being entrusted with the execution of a process, wilfully

(a) misconducts himself in the execution of the process, or

(b) makes a false return to the process,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

R.S., c. C-34, s. 117.

  • Criminal Code (Department of Justice, Canada)
  • Criminal Code at The Canadian Encyclopedia
  • Coroners Act, R.S.O. 1990, c. C.37
  • CanLII >> Consolidated Statutes of Ontario >> Coroners Act
  • Legislative Assembly of Ontario. Bills
  • Ontario's Coroners Act Contravenes Human Rights Code

  • MASHCan

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