Eileen D. LoDato: October 2013

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This is a blog about the death and murder Eileen D. Lodato

Part I What happened to Eileen?
Part II you tube and newspaper articles.
Part III History of Eileen's stress
Part IV District Attorney Holley Carnright
Part V William Weishaupt Chief Investigator

Civil Case
A) Bio of VA LoDato
B) Executive Chronological Summary of Events civil suit
C) Medical Chronology for the Civil Suit Medical Malpractice negligence/gross negligence
D) Letters to two of my children

E) US News and World Report in their Recent Best Hospitals Issue

F) Dr Jobson's Criminal Intent - Kingston Hospital Non Criminal Intent
& Apology to Mr. Weishaupt
G) Definition of NYS penal code 175.10

21st Century High Technology, Murder, and Induced Suicides

SHOULD THE PHYSICIANS IN THE USA BE ALLOWED TO COVER THEIR MISTAKES BY BLATANTLY MURDERING THEIR PATIENTS AND SHOULD THE DISTRICT ATTORNEYS IGNORE EVERYTHING BY NOT CONVENING A GRAND JURY?

EVEN WHEN THEIR IS HARD MEDICAL RECORDS FROM PAPER DISCOVERY ETC. ETC.

This is happening throughout the USA...Is this the MEDICAL MALPRACTICE/WRONGFULL DEATH CASE OR STRAW that will break the medical camel's back?

Yes or No
Please sign the petition to convene a grand jury into
the Murder of Eileen D. LoDato
The petition is closed for now--2500 signatures in toto

http://www.thepetitionsite.com/791/322/442/district-attorney-refuses-to-investigate-murder-says-nothing-wrongb

In England Dr, Harold Shipman murdered over 200 of his patients
Harold Shipman - Wikipedia, the free encyclopedia
Harold Fredrick Shipman (14 January 1946 – 13 January 2004) was a British doctor and one of the most prolific serial killers in recorded history by proven ...

Part I What happened to Eileen?

What Happened to Eileen?

1.Eileen attempted suicide and was taken to Kingston Hospital.

2. Her husband could not get her medical records - his guardianship was taken away by David Lundquist by suing Eileen and saying her husband refused to sign his wife out of the hospital - Dr. Jobson testified on behalf of the hospital.

After a 9 month stay at the hospital - the day her husband lost guardianship Dr. G Mark Jobson ordered 300 mg of morphine sulfate to be give to Eileen - a killer dose . She was in no significant pain - Case law ignored [Vacco vs Quill 521 U.S. 793 (1997)]

3. After her death a civil med malpractice lawsuit occurred.

4. Paper discover documents in the civil suit showed that Dr. Jobson altered medical records, he falsified medical records and he falsified the death certificate.

5. In the civil case Judge Henry Zwack said these matters are criminal and beyond his jurisdiction and domain.

6. These are matters for the District Attorney's Office.

7. Eileen's husband asked DA Carnright to convene a Grand Jury based on the present paper discovery evidence and allow the Grand Jury to make the decision whether or not to indict G. Mark Jobson MD.

8. DA Carnright refuses to convene a Grand Jury on the criminal matters and allow you, "THE PUBLIC" to make a decision whether to or not to indict G. Mark Jobson MD.

9. The laws the DA is ignoring: are NYS penal laws 175.10 (falsifying documents), NYS penal law 125.15 (reckless homicide) and NYS penal law 125.25 (murder ll)

10. Please sign the petition requesting Mr. Carnright to convene a Grand Jury into the the murder of Eileen D. LoDato.

Part II you tube and newspaper articles.

Newspaper Articles, Videos, More about Eileen & Her Life

(1) Please view video and the solution for all to win no losers.......see Vacco vs Quill 521 U.S. 793 (1997) being enforced in NYS this first time http://www.youtube.com/watch?v=soiesNqJq_M

2a www.dailyfreeman.com/articles/2013/08/19/news/doc521291fc7a4a5333936840.txt?viewmode=fullstory
2b http://www.recordonline.com/apps/pbcs.dll/article?AID=/20130425/NEWS/304250353
2c http://www.recordonline.com/apps/pbcs.dll/article?AID=/20130817/NEWS/308170327/-1/NEWS14

See the original DA carnright letter sent to Vince LoDato

Part III History of Eileen's stress

Another fact about Eileen for many years she was my business partner in BBE. In the early part of our marriage her husband discovered a process for a controlled super critical state for laser induced fusion for commercial power. The work was and remains classified to this day and Eileen by being married to Vincent was introduced into the USA intelligence community (another stress factor), and she spied on the NSA for the FBI for six months and did not take a dime for her services (see Time magazine August 14 1972 the AEC & Secrecy. (just click the red)

http://content.time.com/time/magazine/article/0,9171,906252,00.html

Eileen was a great American...and no one will know what she sacrificed for the USA....). [Eileen and Vincent received letters of commendation from the Director of Classification from the AEC, communications from FBI director Clarence Kelly, Senator Tunney and Senator Metcalf.] And Eileen and her husband a consultant (Vincent being paid by the US GAO where Vincent held the rank equivalent to a two star general in the military.) The reason why this is mentioned she willfully lived in a high stress environment. My wife was a great American and a generous lady!

Eileen was a principal in Bizzy Bee Equipment for many years, while maintaining a job has an x-ray tech. Some information she lived through while being with BBE - again added stress.
(just click 21st Century..in blue and read)

21st Century High Technology, Murder, and Induced Suicides

Eileen had a lot of stress in her life, she did not drink, fool around, or take any drugs was a great wife, mother, grand mother etc etc.

"All OF THE ABOVE EVENTS DID NOT CAUSE THE MURDER OF EILEEN D. LODATO BUT DR. G. MARK JOBSON MD IS THE CAUSE"

After a four month stay in front of the Court house, I found out and it was confirmed that in the Office of the DA...their is a previous and maybe present cocaine user....wow, wow, wow....but this is not the issue of a cocaine user in the Office of the DA. And the individual when he reads this knows who I am talking about.

District Attorney refuses to convene a Grand Jury

Part IV District Attorney Holley Carnright

The "Perfect Murder" from the CIA assassination

Handbook I quote:

""In all types of assassination except terroristic, drugs can be very
effective. If the assassin is trained as a doctor or nurse and the
subject is under medical care, this is an easy and rare method. An
overdose of morphine administered as a sedative will cause death
without disturbance and is difficult to detect. The size of the dose
will depend upon whether the subject has been using narcotics
regularly. If not, two grains will suffice."

Two grains is about 150 mg. In the case of Eileen D. LoDato

she was given

300mg...about twice the killer dose 300 mg and she was in a pain index of 5 to 6
not 9 or 10

George Mark Jobson MD violated NYS penal codes 175.10 and NYS penal code 125.25 and a Grand Jury should be convened by the DA Holley Carnright into the MURDER of Eileen D. LoDato by G. Mark Jobson MD who allegedly killed/murdered her with ...

LETHAL DOSE OF MORPHINE SULFATE (300mg over a 50 hour period by an IV injection while she had a pain index approximately between 5 and 6) and again committed fraud by falsifying her death certificate."

A picture of Mr. Holley Carnright

District Attorney of Ulster County NY

Mr. Canright please convene a GJ into the above matter. You have the support of the Mayor of Kingston NY, who is a lawyer
.
Mr Carnright you have the support of over 2499 folks in Kingston NY who are lawyers, MDs, and citizens which include the elderly, the poor, the disabled, etc., etc..

Finally Mr Carnright you have the HARD paper discovery evidence from the civil case and Judge Zwack's statement that criminal matters are beyond his jurisdiction and domain. Civil case index number 2010-4767 in Ulster County NY....Finally we are saying, "G. Mark Jobson MD allegedly murdered Eileen D LoDato."

District Attorney D. Holley Carnright

IGNORES

The United States Supreme Court Ruling -- Vacco vs Quill 521 U.S. 793 (1997)

The Penal Laws of New York State...175.10 &125.25

The Will of the People

Over 2200 signed Petitioners

such as Mayor Gallo, former Congressman Hinchey, physicians, lawyers, residents of Ulster County, etc.

Also Mr Carnright ignores

Judge Henry Zwack saying that these matters are beyond his jurisdiction and domain...paper discovery (civil case evidence) which shows Dr. Jobson altered medical records, falsified medical records and falsified the death certificate.. violations NYS Penal code 175.10

A letter to Mr. Carnright

Vincent A. LoDato Ph.D.

112 hone St

Kingston NY 12401

845 309 6991

The District Attorney of Ulster County

D. Holley Carnright

Ulster County Court house

275 Wall St

Kingston NY 12401

845 340 3280

Dear Mr Carnright,

The purpose of this letter is threefold: (1) I am in receipt of your letter delivered to me in person by Mr. Weishaupt and another person on your staff who I do not know, and here in is a response to your signed letter. (2) Enclosed you will find another set of 400 signatures, asking you to convene a Grand Jury into the death (murder of my wife) and (3) some facts that were ignored by Mr. Weishaupt namely medical evidence which makes his investigation incomplete, sloppy and without legal merit or substance.

(1) A RESPONSE TO DA CARNRIGHT'S LETTER BY VINCE LODATO Ph.D. (This is a verbatim letter from the Ulster County DA.) - - August 16, 2013

DA Carnright writes: Do not send me anymore documents. In my View, none of the signatures you have obtained are valid none of them are based on facts surrounding your wife's demise.

Dr. LoDato's response: Mr Carnright I mean no disrespect but you are a public servant and serve at the Will of the People.

I will continue to send documents to the Office of the District Attorney. The purpose being to convene a Grand Jury into the Murder of my wife by G. Mark Jobson MD.

The facts are based on Paper Discovery from the civil lawsuit 2010-4767 that is on going and can be viewed in the Ulster County Clerk's office for all to read and see. The facts are documents which are medical records. These are documents from the Kingston Hospital and Dr. G. Mark Jobson's files. They are objective with the signatures of G. Mark Jobson on physicians' orders etc. The Office of the District Attorney has access to them and so do the public have access to these facts which again can be viewed in the civil suit 2010-4767 in the Ulster County Clerk's Office.

DA Carnright writes: In your petitions and posters you have failed to disclose that Ms. LoDato ingested antifreeze in an attempt to commit suicide or that she had suffered an abusive marital relationship.

Dr. LoDato's response In the poster "What happened to Eileen" The first line says Eileen attempted suicide and was taken to Kingston hospital. Also Eileen suffered from depression, diabetics and type two Breast Cancer which is and was highly curable. Mrs LoDato, Eileen, was married to her husband Vincent for 43 years and remained married up until her death. Did they have disagreements and arguments. The answer is YES. Mr. Carnright show me a married couple for 43 years who never had an argument. Mr Carnright did you ever argue or have a disagreement with your wife?

DA Carnright writes: You have failed to state that her death which is now more than three years old, was investigated by my office or that you brought law suits against the doctor and the hospital, all of which have been dismissed.

Dr. LoDato's response: In the poster on display for all to read it states "Please redo the investigation done by Mr. William Weishaupt from the Office of the District Attorney which was incomplete, sloppy and with no legal merit or substance..." As the executor of the estate of my late wife only "one" civil law suit was filed against Dr. Jobson and the Kingston hospital and it has not been dismissed. that is 2010-4767 filed in 2010. The Judges have been changed: Judge Cahill after several months recused himself from the case because he is related to Mr. Weishaupt of the Office of the District Attorney, Judge Henry Zwack was assigned to the case and this case was then reassigned to Judge Mott. The attorneys were Don Lambaise, followed by Vincent LoDato Pro Se and now Michael Varble. Again this information can be viewed in the Ulster County Clerks office -- civil case index number 2010-4767.

DA Carnright writes: I view your attempts to influence me in the location in front of the Courthouse as a violation of federal law.

Dr. LoDato's response: Mr. Carnright please do you job and do not ignore NYS Penal Laws 125.15 (reckless homicide), NYS penal law 125.25 (Murder II) and NYS 175.10 which is stated on all the petitions that were signed by all the petitioners including Mayor Gallo (Esq.) and former Congressman Maurice Hinchey and over 2000 signatures. We welcome your challenge of your interpretation of the use of federal law, Executive Orders, etc. against Dr. Lodato's Constitutional Rights in federal Court.

DA Carnright writes: I sincerely recommend that you seek professional psychiatric help

Dr. LoDato's response: It is sad to read that Mr. Carnright resorts to "ad homininem" arguments and not being objective, and by doing so he lowers the Office of the District Attorney of Ulster County in the State of New York

The End OF THE DISTRICT ATTORNEY'S LETTER SIGNED

very truly yours

D. Holley Carnright

District Attorney

(2) Enclosed you will find another set of 400 signatures, asking you to convene a Grand Jury into the death (murder) of my wife.

Again give these to whomever you wish. As of this date you have 2400 signatures (since the last 2000 I hand delivered to you). I do hope you convene a Grand Jury into the murder of my late wife, Eileen D. LoDato by G. Mark Jobson MD. The 2400 signed petitioners you have include: the Mayor of Kingston NY (Shayne Gallo Esq.), former Congressman Maurice Hinchey, physicians, lawyers, residents of Ulster county, one of the owners of the Davenport farm, Venture Capitalist -Sean Eldridge, A barrister from London England who was familiar with the Shipman Case and how it changed the laws in England, International travelers, children, the elderly, the poor, the uneducated, and the disabled.--etc.,etc.

We have approximately 10% of the population of the City of Kingston who signed this petition. As of this date we have just kept this local. So far there has been three news articles and one you tube story.

(3)The Weishaupt Investigation.

This investigation was done before we had hard evidence from paper discovery in the civil suit.

- It was done before the observations of Judge Zwack in the civil suit.

- Mr. Weishaupt has no more information than I have.

- He ignores the killer dose of 300 mg of morphine sulfate within a fifty hour period.

- He ignores the pain index of 5 to 6 from the medical records.

- He ignore the fact that this dose is meant to kill an average person.

- He ignores the fact that Eileen was in no significant pain like 9 and 10.

- He ignores Vacco vs Quill.

- He ignores the fact that Kingston hospital received a NYSDOH 405.5 b

- He ignores the fact the limited DNR was signed by Dr. Jobson alone.

- He ignored the fact that their was no concurring physician signed the DNR

- He ignores the fact that Dr. Jobson and Mr Lundquist denied me the medical records.

- He ignores the fact that Mr. Lundquist took my wife to Court since I would not sign my wife out into a nursing home until I saw the medical records.

- He ignores the fact that Dr. Jobson did not want me to see the medical records because it would "hurt someone".

- He ignores the fact that Kingston hospital had no protocol in place.

- He ignores the fact the Kingston hospital received a violation 405.5b sec I , sub iii

- He ignores the fact that Kingston hospital admitted the mistake for the blood analysis in the redacted data. Sr. Gabriel wrote the correction.

- Mr. Weishaupt ignored the facts that Dr. Jobson did not tell me or my daughter that he altered his medical documents in the physician orders to give antizole, and he falsified the medical records, and death certificate.

- Mr. Weishaupt admits the fact that Dr. Jobson may have violated NYS Penal Law 175.10, but ignores the fact that this is a felony.

- He ignores and gives no legal reason why NYS Penal Laws 175.10 and 125.25 (2) can be enforced.

- He refuses to give the above evidence to a Grand Jury.

- He refuses to allow the Grand Jury to indict or not to indict G. Mark Jobson.

- Mr. Weishaupt favors Dr. Jobson and ignores all the above facts.

- He ignores the 2500 signatures...lawyers physicians etc etc etc - saying convene a Grand Jury into the murder of Eileen D. LoDato and allow the public to make this determination.

Finally Mr. Carnright if your wife was murdered by G Mark Jobson just as mine was and all the evidence that I have - you have. Would you now stand behind Mr. Weishaupt if you were me? And let his investigation be the rule of law in Ulster County concerning convening a Grand Jury in the matter your wife's death?

I await your reply.

Kindest Regards,

Vincent A. LoDato, Ph.D.

Husband of the late Eileen D. LoDato

Here is Another Letter written to Mr. Carnright in Oct of 2011...An shows why District Attorneys avoid "Murder Cases" of this sort.

D. Holley Carnright, District Attorney

275 Wall St.

Kingston New York 12401

Jonathan Sennett

Sennett for DA

PO Box 3654

Kingston New York 12401

October 22, 2011 (COPY OF LETTER)

Dear Mr. Carnright & Dear Mr. Sennett:

Mr. Carnright, thank you for returning the call via one of your assistants and telling me you are standing behind your investigation -- that there was no criminal wrongdoing and you would see me after December 2, 2011. This was told to me via your assistant via a phone message.

The investigation that was done by Mr. Weishaupt was incomplete, sloppy and showed no legal substance or merit.

Mr. Carnright, I do not need your help in any civil matters concerning the murder of my wife. But you are the District Attorney of Ulster County in the State of New York; and you are obligated by your office to enforce the Penal Laws of New York State. This is your duty as our District Attorney.

The Case in Fact: The Murder of Eileen D. LoDato:

1. New York State does not allow euthanasia. See Vacco vs. Quill 521 U.S. 793 (1997) (US Supreme Court ruling and it was a unanimous decision)

2. You have the duty to enforce the NYS Penal law 125.15 and NYS Penal law 125.25

3. The murder (death) of Eileen LoDato by G. Mark Jobson MD.-- when he gave the orders to administer 300 mg of morphine sulfate over a 50 hour period at a rate of 6 mg/hr -- starting on March 26, 2009 and ending on March 28, 2009. This is a killer dose. It is meant to kill a person. Eileen was in a vegetative state and in no significant pain.

4. Under the leadership of the CEO of The Kingston Hospital and a fiduciary of the hospital, David Lundquist guided The Kingston Hospital to commit criminal negligence.

5. The reason why Eileen LoDato was murdered is the age old motive "MONEY".

The question is: WHY hasn't the District Attorney’s convened a Grand Jury to indict Dr. G.Mark Jobson MD?

Upon reading about NYS Penal laws 125.15 & 125.25 I found the reason and answer:

" No person has been convicted in New York State of manslaughter for intentionally aiding or causing a suicide. Nor has anyone been convicted of murder for causing a suicide by duress or deception."

Yet these are the present laws of the State of New York.
"The paucity of cases dealing with assisted suicide probably stems from a variety of factors: the private, consensual nature of assisted suicide, the difficulties of proving intention in such cases, and the reluctance of prosecutors to pursue the types of cases that are likely to be most common -- assistance provided by physicians or family members to terminally or severely ill individuals. The reluctance to bring such cases no doubt rests in part on the degree of public sympathy they often arouse, and the resulting difficulty of securing an indictment and conviction."
" Indeed, according to one commentator's search of reported decisions nationwide, no health care professional has ever been convicted of "causing, inducing, or assisting" in the death of his or her patient. L. 0. Gostin, "Drawing a Line Between Killing and Letting Die: The Law and Reform, on Medically Assisted Dying," Journal of Law, Medicine and Ethics 21 (1993) 97."

From the article: WHEN DEATH IS SOUGHT

"Assisted Suicide as Murder: Requirement of Duress or Deception Section 125.25 of the Penal Law establishes that causing a suicide through the use of duress or deception constitutes second-degree murder. It does this by providing that causing a suicide does not fall within the definition of intentional murder unless the suicide is caused by the defendant's use of duress or deception. Causing a suicide through duress or deception is different from other assisted suicide cases because the defendant does not seek to effectuate the victim's own wish to commit suicide, but instead exerts pressure to cause a suicide that would otherwise not have taken place."

At present the civil matter of this case is before Judge Christopher Cahill No. 10-4767 in the Ulster County Supreme Court and I am the Pro Se litigant. My wife was in a vegetative state for nine months and was in minimal pain and she died after two days caused by a massive dose of morphine sulfate which induced respiratory failure and Eileen died of anoxic encephalopathy, which was caused by killer dose of morphine sulfate. (The death certificate was also falsified.)

Mr. Carnright, I am not requesting your help in any civil matters; But I do expect you as District Attorney to do your job -- and the nonsense sent to me by your chief investigator based on non factual evidence and emotions is not befitting the Office of the District Attorney of Ulster County in NYS.

The reason why I am addressing Mr. Sennett is that you both are in a political race to be the District Attorney. And one of you will be the new District Attorney of Ulster County.

Concerning My Case the Murder of Eileen LoDato is not a political issue to be used in this race.

Finally, I know that both you are honorable men; and the job of District Attorney is a hard job; but please in doing this job --don't allow False Evidence Appear Real

Kindest Regards, Vincent A. LoDato

(4) The person who did the investigation that District Attorney is standing behind and vigorously says no Grand Jury is necessary -- William Weishaupt

Part V William Weishaupt Chief Investigator

William Weishaupt, Esq.

Chief Investigator for the Office of the District Attorney

in Ulster County NY

Mr Weishaupt did the investigation that Vince LoDato claims is "incomplete, sloppy and with no legal merit and substance."

Please see the apology email sent to Mr. Weishaupt by
Vince LoDato for using the phase " incomplete, sloppy and with no legal merit and substance"
at the bottom of this blog.
It was uncalled for and could have been expressed in a better manner.

He ignores

U.S. Supreme Court Vacco vs Quill 521 U.S. 793 (1997)

NYS Penal Laws 175.10 & 125.25

Judge Henry Zwack saying criminal matters are beyond his jurisdicition

Mr. Weishaupt said to me -- "You may have a violation NYS 175.10 but that's it."

Weishaupt gives no legal reasons and

ignores the killer dose of 300 mg of morphine sulphate

while Eileen's pain index from medical records from The Kingston hospital was between 5 and 6.

(a res ipsa loquitur)

Part VI Civil Case
A) Bio of VA LoDato

Civil Case

Vince LoDato background is: I have a Ph.D. in theoretical physics, a MS in physical chemistry and a BS in Chemistry. I have published over 50 technical papers most of them in refereed journals such as The Journal of the American Chemical Society, Journal of Chemical Physics, The Journal of Mathematical Physics etc.

B) Executive Chronological Summary of Events civil suit

(5) Executive Chronological Summary of Events civil suit

Written by
Vincent A. LoDato Ph.D.

1) My wife, Eileen D. LoDato attempted suicide.

(2) She was taken to the Kingston Hospital and treated by physicians - an honest mistake was made and there was a deviation from standard medical and hospital care; namely, Eileen had ingested ethylene glycol and the standard treatment of care is threefold (administer ethanol or fomepizole): give the patient bicarbonate of soda: and do a hemodialysis. The physicians did the last two procedures but did not do the first one. CAT SCAN data and blood work showed Eileen’s brain was normal when she arrived at the hospital. Two days later the second CAT SCAN showed an infarction of an artery and Eileen suffered severe brain damage. The first procedure was not done because of the Kingston hospital’s negligent sampling techniques to collect the gas chromatograph samples and holding the first sample for 15 hours for analysis. All three samples were incorrectly taken so the results were questionable. Drs. Guerrino and Pagnozzi did not administer antizol or ethanol because they were waiting for the gas chromatograph's results.

(3) The physician George M Jobson and the Kingston hospital refuse the medical records at first to me and then to a lawyer a second time.

4) The David Lundquist, the CEO of the Kingston hospital sued Eileen, my wife, saying she is incapable of taking care of herself and her husband had abandoned her since he would not sign his wife out of the hospital into a nursing home. The last statement is incorrect; I would sign my wife out of Kingston hospital provided they gave me first the medical records to evaluate.

(5) The lawyer hired by the CEO of the Kingston Hospital, Mr. Nussbaum, a member of a Madison Ave legal firm, who specializes in complex transfers of patients from hospital to nursing homes convinced the Court that a new Guardian is need since Vincent did not want to share Guardianship with his daughter. My reasons were the following (1) my daughter's husband works at the Kingston hospital, this would put undo stress on her family: (2) she has her own family of three children and is a working mom, a speech pathologist (3) I signed for all medical procedures as Eileen's husband while Eileen was at Kingston hospital and under George M. Jobson's care, (4) I was paying my wife's insurance bill, and (5) finally it is my responsibility as her husband of 43 years to take care of her. (In Nov of 2008 Dr. Jobson called me and informed me that Eileen had pneumonia, and asked if I wanted antibiotic "NOT" given to her. I told him to give her the antibiotics. He did what I requested.)

(6) The Court chose a new Guardian, one of my daughters - Deb. Mrs. Debbie Nezich is a speech pathologist and has no training in chemistry, and was not privy to the hospital's mistake -- The Kingston hospital and George M Jobson MD did not inform her of their covered mistakes.

(7) The day I lost guardianship, the physician George M. Jobson ordered 300 mg to be given to Eileen and the nursing staff delivered the killer dose of morphine sulfate. Eileen died on March 28, 2009. When Eileen died their was no need for a Guardian. and my daughter, Mrs. Nezich, did not exercise any of her rights in person and or in finances for her mother.

8) Now as executor of my wife's estate. I tried to get the medical records. Again, Mr. Lundquist ignored my request for medical records and again I hired another lawyer. Finally I received the first ten days of Eileen's medical records but without the first ten days of Eileen’s lab analysis while at the Kingston hospital.

(9) While reviewing this case - the late Mr. Braiman Esq. depressed for personal reasons, and he in a deep financial crisis, (nothing to do with this case) committed suicide.

(10) I tried to obtain the last 10 days of the medical records of Eileen's life. Again Mr. Lundquist ignored my request and I hired another lawyer to obtain the last ten days of Eileen's stay in the hospital and the blood/lab data for the first ten days of Eileen's stay at Kingston hospital. (Eileen's hospital stay was from June 26, 2008 to March 28, 2009 - a nine month stay.) I discovered that George M Jobson MD ordered and the Kingston hospital staff administered 300 mg of morphine sulphate to my severe brain damaged wife.

(11) The earlier medical records obtained by the late Mr. Braiman showed that George M Jobson MD signed for fomepizole and Megan Goff a nurse at Kingston Hospital administered formepizole also known as antizol, 4-mp and 4-methyparizole. There was just one manufacturer of fomepizole at that time and it is Jazz Pharmaceutical Company. The cost for antizol is expensive over a $900 per ampoule.

(12) But fomepizole was never given to Eileen according to Kingston Hospital's financial records. Dr. Al Frontera, who was the medical director of Kingston Hospital and a friend of mine for more than 25 years told me off the record that Eileen was never given formepizole - This statement was later confirmed in the Kingston Hospital’s financial data.
This is the chronology in a nutshell. -- The skeleton of this civil lawsuit.

KINGSTON HOSPITAL RECEIVES A NYSDOH 405.5 B VIOLATIONS CONCERNING THE CARE OF EILEEN D LODATO

(b) Delivery of services. (1) There shall be working relationships among medical staff, nursing staff and staff of other departments or services to assure that all patient care needs are met.

(i) Nursing services personnel shall execute the orders of physicians and other practitioners, authorized by the governing body to order such services.

(ii) Registered professional nurses shall confer with the responsible practitioner relative to patient care on an ongoing basis and relative to significant changes in the patient's condition as necessary.

(iii) The hospital shall develop and implement policies and procedures for prompt review and correction, as necessary, of health care practitioner orders which have, or have the likely potential for having, negative impact on patient care and safety and which should not be carried out.

(2) There shall be continuous review and evaluation of the adequacy and appropriateness of nursing care provided for patients.

(i) Nursing care policies and procedures shall be written and consistent with generally accepted standards of nursing practice.

(ii) A registered professional nurse shall plan, supervise, and evaluate the nursing care for each patient. A registered professional nurse shall assign the nursing care of each patient to other nursing personnel in accordance with the patient's needs and the preparation and competence of such other nursing personnel.

(3) Written nursing care plans shall be kept current. Such plans shall indicate what nursing care is needed, how it is to be provided, and the methods, approaches and mechanisms for ongoing modifications necessary to ensure the most effective and beneficial results for the patient. Patient education and patient/family knowledge of care requirements shall be included in the nursing plan.

(4) Nursing documentation shall describe the nursing care given and include information and observations of significance so that they contribute to the continuity of patient care. Nursing interventions and patient responses shall be documented.

C) Medical Chronology for the Civil Suit Medical Malpractice - negligence
&
gross negligence

Prepared & Written
by
Vincent A. LoDato Ph.D.

(Exhibits can be found in the Clerk's Office of Ulster County NY
Civil case Index Number 2010-4767)

1. Eileen LoDato (EL) arrived at Kingston Hospital (KH) on June 26 2008 at approximatley 8:45 pm via ambulance. (Exhibit 1--you have this data)

2. KH personnel in the Emergency Room (ER) were told she most likely drank antifreeze (Ethylene Glycol—EG); this was further told by her husband to the ER nurses and physicans, and a sucide note was given by the ambulance attendant she gave it to the KH personnel at approximately 9 pm. (Exhibit 2 sucide note--you have this data)

3..EL blood was taken at approximately 9 pm and was sent to the lab for analysis. (Exhibit 3--you have this data)

4. At approximately 9:00 pm the physicians in the ER - Dr. Okhravi, Dr Foster, Dr. Guerino and Dr. Pagnossi were consulting together concernings Eileen's condition. (Exhibit 4--you have this data)

5. At approximately 9:15 PM the later three physicians were attempting to calculate the osmolal gap based on blood data from the lab, and all the latter three were reading the American Physician on the Internet in the ER, and were reading and discussing the treatment of EG poisoning. (Exhibit 5-http://www.aafp.org/afp/2002/0901/p807.html)

6. Blood data analysis showed she had an extremely high (critical) serum osmolality 393 mOSk/k, a high anion gap 52.1 mmol/L, and her CPK was also normal 90 Int. Unit/L. (Exhibit 6a, 6b and 6c-- see enclosure)

7. At about 9:30 Dr Okhravi ordered a CT of her brain. At approximately 10:10 EL had a CT. The results showed EL had a normal brain. with no infarctions and no calcification of the brain. (Exhibit 7 --you have the pictorial data)

8. The blood test between the time 9:20 PM and 10:30 PM show no abnormal buildup of calcium in the brain (See Exhibit 8a). However between the period of 6/28/08 and 6/29/08 her calcium levels became critical. and between the times 6/28/08 and 6/29/08 her CPK and CKB were high(See Exhibit 8b)----However on 06/26/09 her CPK was normal when she entered the hospital (See exhibit 8c)--Her blood work showed her CPK and CKB were high which is a possible indication of an infraction of her brain. (Exhibit 8a, 8b and 8c--see enclosed data)

9.The use of Ethanol or Antizole (also known as 4 MP, fomepizole, or 4 methyl parizale) should be administed to EL in order to inhibit or decrease the reaction rate for the production of the toxic metabolites such as gluoaldyehide, gluooxalic acid and oxalic acid.
(Exhibit 9--http://www.aafp.org/afp/2002/0901/p807.html)

10. Gas chromatagraph sample showed at 06/26/08 23:57 EL had 339 mg/DL of ethylene glycol in her blood. (Exhibit 10--see enclosed data). The GC samples that were also taken on 06/27/2008 8:35 with 91 mg/dl/ and finally on 06/27/2008 13:30 14 mg/dl. All these samples arrived at Albany Medical center at 06/27/2008 at 15:18 – more than 16 hours since the first blood sample was taken when she arrived at the hospital....The gas chromatograph was questionable (See Exhibit 10). When the corrected samples were analyzed we have no knowledge and was not provided in the medical records we received.

11. Again Kingston hospital did not do the ethanol treatment which was readily available. And they claimed they did the antizole treatment on June 27 2008 at 2:45 PM or approximately 24 or more hours after the ingestion of ethylene glycol.

In the Arch. Internal Med vol 152 June 1992 it was reported that a complete recovery occurred after massive ethylene ingestion, when Rhode Island hospital physicians administered ethanol. This 64 year old patient had a serum osmolality of 491 and a blood ph of 6.35. The highest the osmolaltiy of Eileen was 393. His osmolality was larger than Eileen's and his serum ph was lower than Eileen’s ph or he had a higher acidosis. But by giving him an ethanol treatment he was saved In stage 2 of ethylene glycol poisoning is: “From 12 to 48 hours, metabolites produce severe acidosis with compensatory hyperventilation. The acidosis is primarily the result of an increase in glycolic acid, although glyoxylic, oxalic and lactic acids also contribute a small part. Calcium oxalate crystals are deposited in the brain, lungs, kidney and heart. (See Exhibit 11)

12. The standand medical care (Exhibit 12 --http://www.aafp.org/afp/2002/0901/p807.html)) of EG poisoning is
a) the administration of et or 4mp
b) bicarbonate infusion
c followed by hemodylsis

13. The deviation from standard care was that EL was not treated with Ethanol and was allegedly treat with Antizole, 4 mp also known as fomepizole on 06/27/2008 at 14:45 by Megan Goff (KH nurse) (Exhibit 13—See enclosed)

14. Dr Frontera Medical director and senior VP of Kingston hospital told Dr. Vincent LoDato (VL) that EL was "never" given Fomepizole. This was "further confirmed" in the chronological billing data. Also Dr. Jeff Brent MD, PhD communicated with Arthur Braiman Esq that if fomepizole was not available than ethanol which is readily available should have been administered. (Exhibit 14--see enclosed data)

15. Upon investigation the pharmacy at KH closes at 10 pm on June 26 2008. and did not reopen until 7 am on June 27. The said physicians could have had ethanol or formepizole from several near by medical facilities, Vassar hospital, Albany Medical Center or any of the medical centers in NYC. Well before the alleged time which was over 18 hours when she first arrived at KH. The administration of fomepizole was on 06/27/2009 at 2:45 pm. (See Exhibit 15--see my enclosed data notes for Arthur Braiman)

16. On June 28 2008 EL had another CT. This showed that calcification of the brain had occured and the first stage of EG poisoning had occured i.e., EG metabolized into the toxic metabolite to oxalic acid and the oxalic acid reacted with the calcium ions in the blood to form calcium oxalate which is highly insolubable in the blood. Thus small particles were transported to the brain which caused restricted flow of blood in the brain.....resulting in severe brain damage. This is shown in the CT that was analyzed on June 30 2008. (See Exhibit 16 you have the pictoral CT and the disc)

17. In March 2009 medical records (via paper discovery show) that Dr Jobson by himself ordered 300 mg of morphine sulfate piggy backed in three 100 ml bags. This IV was given to Eileen that medical records show she was in a pain index of 5 to 6. The KH received a NYSDOH violation 405.5(B) section one, subsection (iii). This IV occured between March 26 and March 28 2009.

18. On March 28, 2009 at 2:45 in the afternoon Eileen died from a morphine sulfate overdose.

POST SCRIPT:

When a person attempts suicide and dies from being murdered, or commits suicide. This attempt or the actualization affects the living - especially those who love the victim.

D) Letters to two of my children

In my case this has haunted me and my family for over 5 years and continues to do so. I want closure in this matter i.e., the murder of Eileen. Please read the letter I wrote to two of my children. And I think it is self explanatory to the reader. This letter is written to them as their father, who has guilt concerning their mother's death and to remove any guilt they may have. It is a rough letter but it gets to heart of the matter.

Exhibit

Dear E and D,

I am shocked at your behavior and sad. Your mother attempted suicide and was murdered. Your lack of concern and you writing her off so easily is appalling.

Remember when the house on West Chestnut St burnt…she went and lived with you D…you kicked her out of your house for a disagreement with H.

And you E kicked her out of your house after several months too. Your mother loved you and you showed no respect and kindness to her. But most important you lied to your children by saying she committed suicide.   I can see why at the end of her life she was very hurt by the two of you and was going to move to Auburn with a very very heavy heart.

You both added "unknowingly" to her depression and helped her make a decision to end her life and what she did was wrong. (When you commit suicide you don't hurt yourself but the living and the people who love you meaning her children and husband.)

I know you did not do this on purpose but you lacked sensitivity - now you know she would have lived if the truth came out at the Guardianship hearing. So you both had a hand "unknowingly" in her death by believing in Dr. Jobson and so did I.

Now you can make it right for yourself and your children. Please read the enclosed data and hopefully you will see what I mean. Finally I share more of the responsibility for your mother's death than the both of you, since I was her husband. If I chose a simple path of just staying at IBM our lives would have been different.

(1) No supercritical state for controlled fusion. -- The Time magazine and 10 years of our lives (2) no Bizzy Bee Company and the arson of our home etc etc. So I feel very responsible for the death of your mother and my wife. She followed me and fought the AEC and IBM.

Remember one thing your mother spied on the NSA for the FBI for 6 months and did not take a dime for her services. She was a great American, and she deserved more than what she got. So I am fighting that her murder and death is not in vain and if one life is saved because of this tragedy all was not in vain. That means I am willing to die and lose all - just so the truth comes out concerning your mother's murder. I seek no revenge but the diamond be found in this tradedy.

And finally E and D please do not condone this murderous act- the murder of your mother!

LOVE

DAD

E) US News and World Report in their Recent Best Hospitals Issue

- ATTENTION -

MAL PRACTICE LAWYERS
&
DISTRICT ATTORNEYS

US News and World Report in their Recent Best Hospitals Issue wrote: (we quote their article in full)

Mal practice lawyers have long counseled doctors and hospitals not to admit their medical mishaps, much less apologize for them. But the twin imperative, issued of improving safety and cutting soaring cost of health are inspiring a different tract. Several years ago, the University of Michigan Health System pioneered, the Disclosure, Apology and Offer Model, in which patients who have been the victim of an error were quickly told, issued an apology and offered a settlement - a stark contrast to the traditional "deny and defend" approach. Since then, legal cost have dropped by 60 percent, and the system has had 36 percent fewer medical claims lodged against it, according to a 2010 study in the Annals of Internal Medicine. Similiarly in a 2011 Institute for Healthcare Improvement study found that Standford University's hospitals save $3.2 million a year by saying I'm Sorry" to aggravated patients.

"You suck all the air out of the room when you say I could and should have done better - "I'm Sorry," says Richard Boothman, a former trial lawyer and the Michigan health system executive director for clinical safety. More important, experts say being open about mistakes allows hospitals to learn from them. Patients and their family often just want to know why an error occurred and to be assured that the hospital is taking steps to prevent a repeat. Apology policies reflect a growing view that medical harms are usually the result of a bad system, not a bad doctor or nurse.

At Kaiser Permenente, which serves patients in California, Colorado, Ohio, Maryland and several other states, patients are offered an apology, a description of events
that led to the error, a commitment to do things differently the next time, says Doug Bonacum, Kaiser's Vice President for quality, safety and resource management. Specially trained ombudsman help facilitate the difficult conversations between patients who have been harmed and healthcare professional, who themselves are devastated. In fact studies show that physicians who are being sued have a significant higher divorce rate, depression, heart attacks and suicide, says Alan Woodward, chair of the committee on professional liability for the Massachusetts Medical Society, who helped spearhead a pilot apology program for hospitals in Massachusetts as an alternative to tort reform. It is too early at this point, to gauge the pilot program's impact.

Other states are warming up to the idea. Oregon passed a law in March 2013 that encourgages mediation between hospitals and injured patients and allow doctors to apologize without worry that the apology would not be used as evidence in Court. So, although a recent John Hopkin's study found that only 2 percent of the country's hospitals even inform patients immediately of a mistake, many experts think the tide may soon turn. -B.H.

F) Dr Jobson's Criminal Intent - Kingston Hospital Non Criminal Intent
& Apology to Mr. Weishaupt

An apology to Bill Weishaupt and a hope to develop a dialog concerning the death of Eileen D LoDato

Hello Bill,

After re reading and analyzing what I said about your investigation in the posters in front of the Court house and on the Internet I would like to apologize to you. What I said was rash, without much thought and exhibiting a "bunker mentality". I would and should have handled it in a better manner and choice of words. Please accept my apology.

(In order for this apology to be public, I have attached this email at the end of the blog http://eileenlodato.blogspot.com and more important -where I have made comments concerning your investigation - where your picture is in the blog. I refer the reader to the end of the blog. This tell the reader I am wrong in the manner I made my comments concerning your investigation - that I used a poor choice of word and I am sorry.)

Concerning certain events and discovery data, I have a hard time dealing that they are not criminal acts. May I start with Vacco vs Quill.

In this case", the free encyclopedia states: Vacco v. Quill, 521 U.S. 793 (1997), is a landmark decision of the Supreme Court of the United States regarding the right to die. It ruled that a New York ban on physician-assisted suicide was constitutional, and preventing doctors from assisting their patients, even those terminally ill and/or in great pain, was a legitimate state interest that was well within the authority of the state to regulate. In brief, this decision established that, as a matter of law, there was no constitutional guarantee of a "right to die."

Thus assisted euthanasia/assisted right to die is not covered under the fourteenth Amendment.

FACTS:

(1) Dr. Jobson ordered that Eileen be given 300 mg on morphine sulfate in three 100 ml bags in a piggy back fashion via an IV over a 50 hour period.(2) This is a lethal dose and is meant to kill a healthy person or any person. It started on March 26 2009 and ended on March 28 2009 at 2:45 pm --eileen died.  (3) Without his orders this would not have occurred. From paper discovery documents he alone signed the orders. In paper discovery documents he was the only physician, and Mr. Lundquist did not sign the DNR. (4) Since their was no other physician and Mr. Lundquist did not sign it and, the nurses at Kingston hospital administered this lethal dose they had no criminal intent. (5) The New York State Department of Health did an investigation and found that the Kingston hospital violated 405.5 (b) sec I subsection iii which states:

(iii) The hospital shall develop and implement policies and procedures for prompt review and correction, as necessary, of health care practitioner orders which have, or have the likely potential for having, negative impact on patient care and safety and which should not be carried out.

Since the Kingston hospital did not have any protocol like "(iii) The hospital...." (The nurses did not know what to do.) They were following orders and did not intentional want to murder Eileen. On the hospital's part they were grossly  negligent but their was no criminal negligence. The Office of the District Attorney has nothing to do with the Civil part of this case. And the Kingston hospital and their staff have no liability concerning the criminality of this case - just medical malpractice/gross negligence. Therefore their is no criminal complaint against Kingston hospital.

Now lets turn our attention to Dr. G. Mark Jobson and address his intent. And ask the question if Dr. Jobson intentionally wanted to kill Eileen LoDato? And is their enough evidence beyond a reasonable doubt that he wanted to commit murder II, i.e., murder Eileen D Lodato and should a Grand Jury GJ be convened?.

The use of palliative medical practices are used by physicians every day: we have the hospice for the terminally ill patient. We have the palliative practice if a person is in a pain index of 9 to 10, (such has some forms of cancer etc) and is terminally ill then morphine sulfate can be administered to the patient to alleviate pain and if death occurs, there is no criminal liability. Eileen's pain index was between 5 and 6 from her medical records. Hence the lethal dose was not warranted. The above two facts rule out the fact that Dr. Jobson used proper palliative medical practices. In the medical records we found that Dr. Jobson violated NYS penal code 175.10. This fact gives a motive for intentional murdering Eileen LoDato.   For the simple fact that Eileen was to be transferred to a nursing home according to Mr. Lundquist and not be given the lethal dose of morphine. If Vincent was given the medical records, then she would have been transferred and their would be no need for a change of guardianship, or Vincent would share the guardianship with anyone especially his daughters or any one of his daughters.

Dr Jobson intentional withheld important medical information, altered and falsified medical documents and violated NYS 175.10. (See letter to Judge Zwack below - and where to find this evidence.)

Bill, you should recall that the penal code violations (175.10) are just for Dr. Jobson alone, NOT Mr. Lundquist or any of the staff of Kingston hospital. In the civil case against the Kingston hospital I contend civil gross negligence, but not criminal negligence in the care of Eileen LoDato. I agree with you and Mr. Carnright that their was no criminal negligence concerning Kingston hospital - Mr. Lindquist came very close to bring the hospital into criminal negligence but he did not pass the line. However Megan Goff a nurse may personnally be liable for criminal negligence since she did not give formepizole (aka antizole,4-mp, methyl parazole) and falsified medical records (nurses notes). This is TBD.

Bill, you even told me that "Dr Jobson may have violated NYS penal code 175.10 but that's it." A violation in NYS penal code (175.10) is a class E felony punishable by jail time.

"As noted on the main section of Falsifying Business Records, a savvy prosecutor has the ability to take a relatively small misdemeanor and bump the allegation up to a much more serious felony. An “E” felony punishable by up to four years in state prison, Falsifying Business Records in the First Degree occurs when you commit Falsifying Business Records in the Second degree AND when your intent to defraud involves further criminal intent to either hide the commission of another crime or to assist in the commission of that other crime. Because of this, additional, and potentially more serious crimes, are often part of a Falsifying Business Records."

So Dr. Jobson motive in giving Eileen the lethal dose was to protect himself from one violation of 175.10 (falsifying medical records NYS penal law 175.10 that he ordered formepizole and documented it in the medical records)  and when Eileen died from this lethal dose he falsified the death certificate by saying she died from an ethylene glycol overdose rather than a morphine sulfate overdose.  And he also added his initials to his physicians order to give formepizole after she died (altering medical records). Thus he committed three counts of violating NYS penal code 175.10.

Bill, did you question Dr. Frontera who was the medical director of Kingston hospital concerning Eileen was never given formepizole? This was confirmed in the finanlical records of Kingston hospital. Also the medical records showed a mistake in the analysis of ethylene glycol by the gas chromatograph analysis (nurses notes) The correction to this mistake was documented in the NYSDOH response to me in the redacted data that I received in Sept 2011 concerning Gas Chromatography blood analysis done at Albany Medical Center. Sister Gabriel wrote the corrections. Did you question Sister Gabriel concerning this mistake?

Bill did you examine the facts that were found in the medical records from the Kingston hospital during the discovery procedure. These documents are on file in the Ulster County Clerk's Office - under civil cases - index number 2010-4767. These records were provided by the Kingston hospital and are approximately 5000+ medical records on a hard disc.

Bill, here is a letter sent to Judge Zwack and the civil case defendants lawyers. And where to find the discovery medical records documents that shows beyond any reasonable doubt that a  GJ should to convened. If this occurs you can call me has a witness on behalf of the People and I would be happy to testify.

Dear Judge Zwack and Counselors,                                          Sept 4, 2012

I am in receipt of Mrs. Debora Dillon's letter from Sholes and Miller. I would be happy to meet with you and the other counselors at your convenience. Enclosed you will find Exhibit A which will shed more information on Mrs. Dillon's concerns. I have enclosed a copy of Exhibit A which is 174 pages. On pages 10 and 11 you will find the index where the footnotes can be easily annexed. You can also view it below which will make it easier to review the discovery paper information from the civil case.

                    (Pagination found in the lower right hand corner)
        FOOTNOTES (WHERE TO FIND THE EVIDENCE – Ulster

        County Clerk’s Office) It is filed there civil case 2010-4767
                                      The Estate of Eileen LoDato

The only defendants the plaintiff pro is requesting a criminal investigation in a very limited scope are G. Mark Jobson MD and The Kingston hospital.

The plaintiff pro se is "not" requesting a criminal investigation concerning defendants Drs. Okhavi, Pagnozzi, Guerrino and Lee. The plaintiff pro se has not contacted the two insurance companies PRI or MLMIC as instructed by the Court and requested by Mr. Milligram Esq in our June 28, 2012 meeting.

Since Judge Zwack said the criminal nature is beyond the jurisdiction of his Court. The plaintiff pro se contacted the District Attorney of Ulster County in NY; The Governor of NYS, the Attorney General of NYS and the appropriate State officials of New York State with reference just for the initiation of a criminal investigation and requested no help in any civil issues nor is it necessary to address the civil issue such as the medical malpractice.

The criminal issue stands alone - namely alleged violations of the NYS penal code 175.10, 125.15(1) or 125.25(2). The reason for asking the appropriate authorities to start this investigation is based on the fact that paper discovery information found in this civil proceeding are - glaring and overwhelming evidence which surfaced within the last year and which warrants and dictates that this investigation occurs and is beyond the jurisdiction of a civil court.

I would hope that this criminal investigation be initiated by the Kingston hospital by initially contacting the NYS Dept of Ed. concerning the actions of G. Mark Jobson MD, and the Kingston hospital's Board of Directors contact DA Carnright to initiate a criminal investigation concerning the criminal issues - namely NYS Penal Laws 175.10, 125.15(1) and 125.25(2)

The plaintiff pro se purposely did not contact the NYS Department of Education concerning the matter of Dr. Jobson, in hopes that Kingston hospital would do this. ( The plaintiff pro se can still do this in the manner he contacted Governor Patterson (several years ago) and the Kingston hospital received a NYSDOH 405.5(b) violation.)

In the past and before this civil suit the plaintiff pro conveyed in a communication to Sister Gabriel of Benedictine hospital and asked her to convey this information concerning Dr. Jobson to the Board of Directors of Kingston hospital. Mr Lambaise informed me he gave this document to Mrs. Basuk and it also is in the paper file. Also I believe Sister Gabriel graciously conveyed this information to the responsible folks at The Kingston Hospital.

Still to this day I wish Kingston hospital would show this information to the NYS Dept of Education concerning Dr. Jobson's actions. (I could easily do it today but I am patiently waiting for Kingston hospital to do it.)

If The Kingston hospital has the courage to self regulate itself then the hospital would report these type of incidents to the appropriate State authorities. It would put every NYS physician on alert that NYS penal laws 125.15(1) and 125.25(2) are not only on the books, but the hospitals will inform the State to enforce them, and NYS hospitals do not condone this behavior.

And if this came from Kingston hospital, then this would be wonderful and their motto: "The Kingston Hospital a place where people come first" would resound across the USA - MLMIC and PRI might experience rate drops for physicians and hospitals, and incidences like this would diminish. etc, etc. And you - the defense malpractice lawyers did it! (Don't worry you will still have enough med malpractice work to make your money.)

This is what's on your legal table. Do you have the courage to follow this legal path? Remember you are the lawyers not me - I am just an old Ph.D. theoretical physicist - who wants to see the system work.

We are living in the time of the "system" and we must all help the system grow - not that this has to be done by a 72 year old man with a Hollywood ending. I would hope in our dealings we can resolve this issue so the system is improved and the lawyers for all the defendants agree that this type of strategic legal approach could be accomplish while defending your clients to the fullest. We have the opportunity to aid the health care problem in the USA by following this approach in our civil case. Please let’s do it!

If the lawyers for Dr. Jobson and the Kingston Hospital, think the Plaintiff pro se has made libelous claims against their clients - George M. Jobson and The Kingston Hospital, then they should be reminded that the plaintiff pro is requesting an investigation concerning the NYS penal laws violations which are beyond this Court's jurisdiction.

To help Sholes and Miller (the Kingston Hospital's attorney) and (George Mark Jobson's attorney) Mrs. Philomena Basuk - I have enclosed where they can find the evidence in the public domain that warrants a criminal investigation against their clients.

For rocket discovery and at my expense and time I have provided Exhibit A to help my legal opponents read why the plaintiff pro se has come to this legal conclusion concerning these criminal matters and requesting the appropriate State and County officials to address these matters via an investigation.

1. Altered documents ..................................requesting an investigation into NYS PENAL LAW VIOLATION 175.10
....See in Exhibit A Pages 13 - 19 or in
-6/14/2012 Affirmation in opposition w/exhibits
-physician order (without signature) pg 20
-physician order (with signature) pg 22
-physician order (with signature - scanned) pg 23

2. Falsified medical records...............requesting an investigation into NYS PENAL LAW VIOLATION 175.10
....See in Exhibit A Pages 20 - 24 or in
-6/14/2012 affirmation in opposition w/exhibits
-Megan Goff (fomepizole) in exhibits pg 18
-Physician order (fomepizole) in exhibits pg 20
-Fomepizole not given (financial records)
- 06/09/2011 Response with Exhibits in Exhibits pg 32-34

3. Falsified death certificate - on file in city hall in Kingston New York.....requesting an investigation into NYS PENAL LAW VIOLATION 175.10.... See in Exhibit A Pages 25 - 26 or in
- 08/01/2011 Response with Exhibits in exhibit 3 pg 20



Requesting an investigation into NEW YORK PENAL LAW 125 15 (1) AND NEW  YORK STATE PENAL LAW 125.25 (2) based on points 4 through 12

4. Administering 300 mg of morphine sulfate see Kingston medical record file on disc filed in Ulster County records room with documents..... See in Exhibit A Pages 27 - 34 or in
-Dr. Jobson's physician order for morphine sulfate Mar 26, 2009 page 283
-Dr. Jobson's physician order for morphine sulfate Mar. 27, 2009 page 284
- Morphine sulfate medicated by Kingston hospitall Mar. 26, 27, 28 2009 pages 2449, 2456, 2462

5. Killer dose of morphine sulfate....-6/09/2011 response with exhibits - or see in Exhibit A Pages 35 - 49 see page "43"
" a study of assassination (CIA handbook) section 3 drugs"...The CIA says “2” grains is enough to kill a person. Eileen had over “4.6” grains administered to her that was ordered by Dr. Jobson MD that is over twice the amount to kill a normal human being.

6.Letter to Gov. Paterson Gov. of NY....See in Exhibit A Pages 50 - 53 or in
-6/14/2012 affirmation in opposition with exhibits - in exhibits pg 67-69

7. Kingston hospitall violation 405.5(b)....See in Exhibit A Page 75 or in
- 7/08/11 verified third amended complaint w/exhibits
- see exhibit A (letter to Gov Patterson)

8. Sholes and Miller (John Tackash Esq. The Kingston hospital lawyer)....Exhibit A Pages 58 - 159
-see complete document on file in the Ulster County clerk's office
-4/27/2012 notice of motion - affirmation in support w/supp doc

9. Physician's order see Kingston hospital's computer disc on file in the Ulster County Clerk's Office.
-Dr. Jobson's physician order for morphine sulfate Mar 26, 2009 page 283
-Dr. Jobson's physician order for morphine sulfate Mar. 27, 2009 page 284
--no protocol for morphine sulfate--Notice of Motion - Default judgement
4/27/2012 Affidavit/affirmation in support w/ supp doc -- the entire document....or see in Exhibit A Pages 53 - 159

10. All these documents are in the public domain and can be viewed by anyone who visits the Ulster County Clerk’s Office ....See in Exhibit A Pages 150 -152

11. See the bill for $205,000.00 charged to the Estate of Eileen Lodato from the Kingston hospital. Data at the Ulster County Office Building Surrogate Court .... See in Exhibit A Page 154

The medical records were denied by David Lundquist CEO of Kingston hospital in hopes to recover this money, plus stop a lawsuit by the plaintiff pro se, and finally Mr. Lundquist brought a civil action against Eileen Lodato with the help and testimony of Dr. Jobson - before Judge Connolly's Court.

Mr. Lundquist's civil action said that the plaintiff pro se abandoned his wife and that Eileen needed a guardian - since she was an incapacitated person. The Court chose Debbie Nezich as Guardian. Consequently the plaintiff pro se had no legal say in keeping his wife alive and/or putting her in a nursing home.

When Debbie Nezich became Guardian, Dr. Jobson and the Kingston hospital officials did not inform her of the Kingston hospital's mistake (see point 12 below), or any other mistakes and alleged NYS penal law violations 175.10.

Hence in believing a physician who has taken the Hippocratic oath which states..."Never will I give a deadly drug, not even if I am asked for one, nor will I give any advise tending in that direction."   Dr. Jobson ordered the killer dose of morphine sulfate and the Kingston hospital staff administered this dose to my wife, and caused her death while deceiving my daughter who was Guardian at the time by not informing her of the medical mistakes concerning the alleged NYS Penal law 175.10 violation.

Mr. Lundquist and Dr. Jobson are well aware that euthanasia is against the laws of NYS via [Vacco vs. Quill 521 U.S.. 793 (1997)]

They are seasoned healthcare professionals. Mr Lundquist is a fiduciary of Kingston Hospital and their CEO and Dr. Jobson is a graduate of Harvard Medical School and has practiced family medicine for well over 20 years.

Thus the uncovered paper discovery documentation in the civil matter clearly warrants an investigation of the NYS Penal laws 125.15(1) and 125.25(2) by the appropriate authorities, and is clearly beyond the jurisdiction which Judge Zwack stated - that the criminal allegations are beyond the jurisdiction of his Court.

12. See the evidence uncovered by the investigation of the NYSDOH that the Kingston hospital made a medical mistake in the analysis of ethylene glycol analysis with the use of a gas chromatograph the "covered medical mistake" Data at the Ulster County Office Building....or see Exhibit A Pages 156 - 173 or in
-04/13/2012 Notice to admit/supp doc protective order but redacted page 23 -35

Concerning Dr. Jobson, the firm Sholes and Miller (for Kingston hospital) admitted that no protocol was in place for the killer dose via Mr. John Tackash Esq. (formally of Sholes and Miller). If Mrs. Basuk and Mrs. Dillon read in exhibit A on page 147 section 5 there is no concurring physician signature in the limited DNR. Hence this is another piece of evidence that George Mark Jobson MD ordered the killer dose of morphine sulfate without a consulting physician. Hence he took this action solely and completely upon himself and the Kingston hospital did not put a stop for the administering of this killer dose of morphine sulfate by their staff.

The Kingston hospital received a violation from the NYSDOH 405.5(b) section 1 subsection iii which states:

"The hospital shall develop and implement policies and procedures for prompt review and correction, as necessary, of health care practitioner orders which have, or have the likely potential for having, negative impact on patient care and safety and which should not be carried out."

In concluding the plaintiff pro se - based on paper discovery documentation - .is requesting an investigation into the NYS penal laws 175.10, 125.15(1) and 125.25(2) which are beyond the jurisdiction of Judge Zwack's Court - To request a criminal investigation based on hard discovery paper evidence found in a civil proceeding is not a libelous act. A person or a legal entity (The Kingston Hospital) is innocent until proven guilty in any criminal or civil proceeding. The plaintiff pro se is just requesting a criminal investigation which is beyond the jurisdiction of this Court. So for Attorneys Basuk (for G. Mark Jobson MD) and Dillon (for Kingston Hospital) should re examine their position on saying the plaintiff pro se is libelous.

If attorneys Basuk and Dillon truly believe the plaintiff pro is libelous, then they can bring a civil action claiming that the plaintiff pro se committed libel. They (attorneys Basuk and Dillon) should welcome this criminal investigation for this will aid rocket discovery, and not waste time for Judge Zwack's Court. But work at a settlement - which Judge Zwack encourages "all parties" to do.

(Please recall a "confidential letter" was sent to all parties by the plaintiff pro to work on a settlement- so we can bring all these matters to closure.)

And in closing I would like to say that my wish is that - Justice in the death of Eileen D. LoDato, my wife, bloom into a magnificent flower when "all the parties concerned" plant it in truth and kindness and we "all" nourish it with courage and love.

So please, let’s all work together to accomplish this goal.

Dated September 4, 2012
Kingston New York 12401

Vincent Lodato
Pro Se Cum Deo


Finally Bill these are my concerns why Mr. Carnright should convene a GJ and see if Dr. Jobson should or not be indicted for the murder of my wife Eileen D. LoDato. Please address the issues above and let's develop a dialog.

Your friend

Vince

PS Bill this is my understanding of NYS penal code 175.10 (taken from the Internet):

G) Definition of NYS penal code 175.10

FALSIFYING BUSINESS RECORDS FIRST DEGREE (E felony) PENAL LAW 175.10 (Committed on or after November 1, 1986)
The ______ count is Falsifying Business Records in the First Degree.
Under our law, a person is guilty of falsifying business records in the first degree when, with intent to defraud that includes an intent to commit another crime or to aid or conceal the commission thereof, that person:
Select appropriate alternative: makes or causes a false entry in the business records of an enterprise; or
alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or
omits to make a true entry in the business records of an enterprise in violation of a duty to do so which he or she knows to be imposed upon him or her by law or by the nature of his or her position; or
prevents the making of a true entry or causes the omission thereof in the business records of an enterprise. 1
Some of the terms used in this definition have their own special meaning in our law. I will now give you the meaning of the following terms: "enterprise," "business record," "intent."
2 Penal Law § 175.00(1).
3 Penal Law § 175.00(2). "Computer data or a computer program" was added effective November 1, 1986.
4 Penal Law § 15.05(1).
2
ENTERPRISE means any entity of one or more persons, corporate or otherwise, public or private, engaged in business, commercial, professional, industrial, eleemosynary, social, political or governmental activity. 2
BUSINESS RECORD means any writing or article, including computer data or a computer program, kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activity. 3
INTENT means conscious objective or purpose. Thus, a person acts with intent to defraud when his or her conscious objective or purpose is to do so.4
In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, each of the following two elements:
1. That on or about (date) , in the county of (county) , the defendant, (defendant's name),
Select appropriate alternative: made or caused a false entry in the business records of an enterprise; or
altered, erased, obliterated, deleted, removed or destroyed a true entry in the business records of an enterprise; or
omitted to make a true entry in the business records of an enterprise in violation of a duty to do so which the
3
defendant knew to be imposed upon him/her by law or by the nature of his/her position; or
prevented the making of a true entry or caused the omission thereof in the business records of an enterprise; and,
2. That the defendant did so with intent to defraud that included an intent to commit another crime or to aid or conceal the commission thereof.
[Note: If the affirmative defense does not apply, conclude as follows: Therefore, if you find that the People have proven beyond a reasonable doubt both of those elements, you must find the defendant guilty of the crime of Falsifying Business Records in the First Degree as charged in the _____ count.
On the other hand, if you find that the People have not proven beyond a reasonable doubt either one or both of those elements, you must find the defendant not guilty of the crime of Falsifying Business Records in the First Degree as charged in the _____ count.]
[NOTE: If the affirmative defense does apply, continue as follows:
If you find that the People have not proven beyond a reasonable doubt either one or both of those elements, you must find the defendant not guilty of Falsifying Business Records in the First Degree as charged in ______ count.
On the other hand, if you find that the People have proven beyond a reasonable doubt both of the elements, you must consider an affirmative defense the defendant has raised. Remember, if you have already found the defendant not guilty of Falsifying Business Records in the First Degree, you will not consider the affirmative defense.
4
Under our law, it is an affirmative defense to this charge of Falsifying Business Records in the First Degree that the defendant, at the time he/she engaged in the conduct constituting the offense, was a clerk, bookkeeper or other employee who, without personal benefit, merely executed the orders of his/her employer or of a superior officer or employee generally authorized to direct his/her activities.
Under our law, the defendant has the burden of proving an affirmative defense by a preponderance of the evidence.
In determining whether the defendant has proven the affirmative defense by a preponderance of the evidence, you may consider evidence introduced by the People or by the defendant.
A preponderance of the evidence means the greater part of the believable and reliable evidence, not in terms of the number of witnesses or the length of time taken to present the evidence, but in terms of its quality and the weight and convincing effect it has. For the affirmative defense to be proved by a preponderance of the evidence, the evidence that supports the affirmative defense must be of such convincing quality as to outweigh any evidence to the contrary.
Therefore, if you find that the defendant has not proven the affirmative defense by a preponderance of the evidence, then, based upon your initial determination that the People had proven beyond a reasonable doubt both of the elements of Falsifying Business Records in the First Degree, you must find the defendant guilty of that crime as charge in the _____ count.
On the other hand, if you find that the defendant has proven the affirmative defense by a preponderance of the evidence, then you must find the defendant not guilty of Falsifying Business Records in the First Degree as charged in the __N

This Civil Case can be viewed in its entirety at the Ulster County Clerk's Office under civil case 2010-4767

Paper discovery documents are included --making this a complete file.

Eileen D. LoDato

Thursday, October 10, 2013

The Murder of Eileen D. LoDato

In England Dr, Harold Shipman murdered over 200 of his patients

Harold Shipman - Wikipedia, the free encyclopedia

21st Century High Technology, Murder, and Induced Suicides