Doctors Negligence

 My son was under Dr Fine care when he prescribed my son the medication Risperdal then he switched it to Abilify, Both of the medications are not FDA approved by the United State Government for Autistic Adults. We were told that RISPERDAL & ABILITY were for Autism and we trusted this Doctor with our Autistic non verbal 25 year old son’s life. We were not aware that this medication was an antipsychotic medication and caused sudden death & cardiac arrest.

 My son went to see Dr Fine because of his anxiety in a new Adult program,  we never knew anxiety is part of adult autism. Dr Fine prescribed my son a medication that he said was for Autism, it was called Risperdal he told us that it might cause my son chest to lactate like a ladies that was all Dr. Fine told us, he said it was for Autism, He said it was safe; my son started this Medication on April 3, 2006 at 2mg. M son Paul Victorian never been sick a day in his life, Paul  never been hospitalized, never caught a common cold, he had the best immune system in our household. We NEVER wanted to medicate our son. But Dr Fine said this is for Autism. Paul appetite and his weigh increased at an alarming rate, my husband would walk Paul and we watched his food intake but this medication made him eat more and more, His weight was spiraling out of control. He was in an adult program which gave him community base experience, walking, YMCA, swimming community activities, we managed to try and control his weight with diet bars and walking. His weights became a big concern. His dad incorporates a daily walking program daily because we were concerned because Paul never fully lost weight it just went up and down throughout the year. His Doctor was aware of this and he did absolutely nothing or suggested and type of help. In 2011 Dr Fine switched my son to Abilify, because we told him Paul keep gaining weight. Paul had gained so much weight that he grew breast from RISPERDIAL but was never diagnosis, His doctor just switched   Paul to another medication, His breast never did lactate. But he gained so much weight. Dr Fine Switched Paul to Abilify at 15mg on April 28, 2011 his weight continue to climb but he was experiencing other thing like being agitated, anxious, etc. My husbands talked to Dr Fine and he just increased his dosage on March 29, 2012 to 20 mg. He then increased it to 30mg on November 26, 2012. My son Passed away 4 months later from cardiac arrest at age 25. We informed Dr Fine of all the changes that Paul was experiencing having; He just abandoned Paul’s care.

 Important Facts:

Dr Fine did not tell us of any of the side effects or adverse side effects. My son was Autistic and non verbal. He told us it was for Autism. Dr Fine failed to provide proper health care treatment due to his prescription of Risperdial & Abilify. And his negligence eventually leads to my one and only son’s death. I believe Dr Fine is just as to blame and the Pharmaceutical Company the makers of RISPERDIAL & ABILIFY who didn’t do clinical test or human trials on Autistic adults, Dr. Fine should have researched this medication before he administered this poison to my one and only son. My son Paul G Victorian Jr should have never been prescribed this medication because it was not relevant to his disability. When doctors prescribed medication, they are responsible for informing their patients of the benefit from such drug and risk factors related to their decision, as in all jobs. There are pros and cons of all the drugs they prescribe to their patients, especially when they have specific needs. We were only told of breast growth and lactating nothing else and that was for RISPERDAL, we were told of nothing for ABILIFY only that it was for Autism. My son’s weight became the more prominent problem. We trusted this doctor with our son’s life. Dr Fine didn’t do proper follow ups, he didn’t monitor my son while on this medication, He didn’t order labs and test when he increased the ABILIFY twice in 2012, He neglected our cries for help when he seen my son’s weigh changed. Paul weight was around 220lb when he started taking this medication and he was 6’3-6’4, depending on how he was standing, He stood with a slant. He gained 132lbs while on these medication. Dr Fine abandoned my son as a patient for no reason other than saying something about the state regulations and something about his records, but my son’s medical insurance never changed or was in question. We have no idea why he abandoned our son’s care.

 On Paul’s last office visit with his dad and Dr Fine, My husband informed him about all the changes, anxiety, being agitated, etc. Dr. Fine seen Paul and the huge amount of weight gain he didn’t say one word. Like let’s get some test done, Dr Fine didn’t say I need blood workup, labs nothing …. He said absolutely nothing regarding my son’s physical appearance. We trusted this doctor, with our son’s life. What doctor Fine did tell my husband that he needed to find another doctor because he is letting all of his partnership patients because he didn’t like how the state was regulating his books, or something like that. He did say I will give you a 6 month supply of ABILIFYuntil you find another doctor and he increased the medication to 30mg, he did this without any medical workup he should have did his due diligence when it came to my son’s care. My husband called Dr Fine to see if he could help us with another doctor since Paul was still on this medication, Paul was experiencing bad changes and having crazy episodes that we didn’t understand, we needed to secure a doctor and called Dr Fine again he basically said you can go to any doctor just let them know what he’s taking. He said he would see what he could do; He never got back to us.

 Paul was sweating a night, we thought he was hot so we put a fan on him, He would scream and say mom he hurting me, then point to his self. He was agitated, had bad headaches, his heart would beat fast at times, on 4 different occasion he screamed HELP,  he seemed anxious, and his school called about things they were experiencing at school. We needed help and it was important but we had no one. My husband called Dr Moshier Paul’s primary care doctor since 2004. And we asked for an appointment because Paul needed a check up. The earliest appointment was January 17, 2013. Paul passed away 32 days later from a cardiac arrest.  Dr Fine is negligent he should have brought Paul in and had a complete medical workup especially since he increased his dosage to the highest dosage allowed 30mg and he physically seen my son’s weight was out of control and he was informed of other things. Dr Fine denied my son medical treatment that probably could have saved my son’s life and Paul probably could have been weaned off that medication that was not FDA approved for his disability. Dr Fine should have promoted an effective program to monitor and improve the quality of care for my son’s, especially since he was autistic and non verbal and couldn’t make his needs known. Legally doctors may not dismiss a patient in the midst of ongoing care. My son had ongoing medical care under this doctor since 2006. Dr Fine abandoned my son and his treatment suddenly, he terminated Paul’s patient-doctor relationship without giving sufficient time to locate another practitioner and he did not do a referral.

 In The American Medical Association has established guidelines regarding when a doctor may fire a patient, based on the code of ethics. Termination of the Physician-patient relationship that physician have an obligation to support “Continuity of Care” for there patients. While physicians have the options of withdrawing from a case, they cannot do so without giving notice to the patient, relative or sufficiently long in advance of withdrawal to permit another medical physician is secured. It states that physicians should always make referrals decisions based on the best interest of their patient. It also states that a doctor may not dismiss a patient in midst of ongoing medical care, Called continuity of care.

 Dr Fine clearly didn’t do research on this medication, it clearly states this was an antipsychotic medication, It changed the functions in the brain and it was not FDA approved for Autistic adults, It is the responsibility every physician be competent in their chosen specialty; new reports are studies are published every month. Doctors must stay current in their knowledge with regards to the care and treatment of medical conditions. Had he did a little research or cared just a little about my son’s health, Paul would probably be alive today, the fact remain this doctor prescribed a medication that was not FDA approved for his disability or relevant to Autistic adults. My son was not psychotic, he was not schizophrenic, nor did he have bipolar or manic depression, that what that medication was for and it was approved in November 2009 by the FDA, It was approved for the treatment of irritability associated with autistic disorder

 (Ages 6 to 17). This medication didn’t apply to my son; the physician had a responsibility to stay current on prescription medication, allergic reaction, treatments suggestion. Had this doctor stayed current on this medication he would have seen it was not approved for autistic adults. He would have known about the warning and sudden death that the FDA had about ABILIFY which states: The FDA has a black box warning and precautions in elderly people with dementia, Alzheimer or related psychosis, can cause sudden death and cardiac arrest. if you look at a list of neurological condition and disorder (Brain disorder / degenerative brain disease) you will see that Alzheimer, AUTISM. Dementias are in the same family, and the list goes on. A number of medical conditions can cause psychosis, including prescription drugs, degenerative brain disease, infection that affects the brain. Autism is in the same family as Alzheimer, dementia, etc.

 Dr Fine prescribed this medication and he is responsible for my son’s pain and suffering and ultimate death,. Important facts when taking this medication that the doctor NEVER TOLD US ABOUT:

Fact #1  Patients and there families need to be warned about the risk and educated about how to identify early signs, It states that patients need to be monitored and the drug must be stopped at the earliest sign of the symptoms or disorder.

Fact #2 Patients treated with antipsychotic (first and second) generation medication experience increased incidences of fatalities

Fact #3 Because of the serious side effects of antipsychotic its important to CLOSELY monitor a patients using them, the patient should still regularly see a therapist or doctor, to keep track of symptoms and keep them at bay.

Fact #4 this medication was not FDA approved for his disability, they never did clinical studies or human trials on the medication. It was not for my son’s disability. It was ONLY approved by the FDA for autistic pediatrics patient’s age 6-17years old.

Fact #5 ABILIFY is an antipsychotic medication it works by changing the actions of chemicals in the brain. It state that this medication is used to treat psychotic conditions like schizophrenia, bipolar, manic depression and on November 24, 2009 according Reuters article: FDA approved for pediatrics patients with autism as part of a treatment program.

Fact#6 it’s important for physician to follow vital signs, weight, metabolic laboratory, and sudden blood glucose, lipids, and electrolytes, renal/liver functions. Concerns about these adverse effects are high and risks exist.

Fact #7 According to a new study Vanderbilt University School of Medicine, highly popular class of drugs known as atypical antipsychotic significantly increases a patient’s risk of suffering from a heart attack. My son passed on 2/22/13 from cardiac Arrest according to ER Report.

Fact #8 ABILIFY may cause heart failure, sudden death, or pneumonia in older adult with dementia-related psychosis. (Note Autism is a degenerative brain disorder like dementia, Alzheimer, etc) Bottom line it was never any clinical tested or human trials for autistic adults. How does the pharmaceutical companies knows the effect on Autistic adults, when they did NO studies.

Fact #9 Last important fact, it states that this medication ABILIFY can cause elevated blood sugar, elevated cholesterol, elevated high blood pressure, and severe obesity. And it states that all of that can cause direct harm to the function of the heart. Overall it’s a prescription cardiac arrest/sudden death. Please look at my son’s current physical Jan 17, 2013. He had elevated blood pressure, elevated cholesterol, etc.

 Dr Fine last dose increase of 30mg was a fatal increase, which caused my son’s death,. Paul was displaying all the fatal sign’s of Neuoleptic Malignant Syndrome (NMS) according to our research after Paul died,  according to MEDTV, Sign of MNS is high fever, sweating, confusion, elevated/irregular blood pressure, increased heart rate at times, it states that this is fatal. Paul was displaying all of this in December 2012 It states that ABILIFY can cause a life threaten condition called (NMS) high fever, irregular pulse, or blood pressure, fast heart rate ( tachycardia) sweating, irregular heart beat.  Dr Fine never did a medical workup when he increased the medication to 30mg. it states that patients being treated with ABILIFY need to be monitor appropriately and observe for clinical worsening and unusual changes and behavior, especially when a dosage changes, either increased or decreased, and it also states that ABILIFY should be written for the smallest quantity or tablets, consistent with good patient’s management. Paul never received Good Patient management from Dr. Fine, when he prescribed this poison to my helpless child. Dr. Moshier seen Paul on Jan 17, 2013. His blood pressure was elevated without any diagnosis of hypertension and his cholesterol was slightly elevated, Paul passed 32 days later from cardiac arrest. Dr Fine abandoned my son’s care and left Paul to fend for his self and he knew my son was autistic and non verbal. We trusted this man with our son’s life and he abandoned us. He did not inform us or educate us about this medication ABILIFY, That was not FDA approved for his disability, he only told us about RISPERDAL. My son was switched to ABILIFY

 Paul had No cardiac history, No chest pains, and no indication of a cardiac problem. Paul  was asymptotic no cardiac symptoms to trigger a doctor to do a cardiac workup. He had no chest pain, no shortness of breath, nothing He was there for Anxiety, and being anxious.


Paul’s Physical Exam (Inserts) January 17, 2013 Dr Michael Moshier

Review of System:

General: the patient is a healthy appearing male who is alert (times3)

No Abnormal labs in past 12 months

No medical condition (autistic Disorder)

Review of system:

CV: NO HEART DISEASE, chest pains, palpitation, syncope, edema

HEART: S1, S2 Normal, No murmur, rub, or gallop, regular rate and rhythm

CHEST: Clear to percussion and auscultation, no rales or wheezes, are heard

796.2 elevated blood pressures without diagnosis of hypertension He passed away 32 days later while out walking 10 minutes with is dad.

 Worse day of our life February 22, 2013

My beloved son Paul came home from his adult program Pace Suisun, and he said dad walk? My husband told him not yet, because my husband was having medical issues and he put walking off for two day. So my husband said not yet son in about a hour are so. My husband and Paul drove to Hilborn and Waterman st to talk there daily walk, His dad walked Paul slow because he walked at a slant and he stopped to pick up leaves and twigs, so after about 10 minutes Paul seem like he wanted to sit down and his dad said hold on son let me run and get the truck, so Paul started to sit down on the street, when my husband got to Paul to help him up, Paul said DAD HELP, DAD HELP, , while helping him my husband said I got you son, The last word’s my son uttered was Dad help and he went unconscious in his dad’s arms. My husband immediately started CPR and a lady running down the street and a gentleman walking came to assist, someone called the Ambulance. Medic Ambulance was there immediately and they transported my son to North Bay hospital in Fairfield, CA. My husband arrived at the hospital before the ambulance and he was instructed to go into this room to meet with the ER doctor, Dr Seth Kauffman. They informed my husband that our son had passed away, he never regain conscious. He was diagnosis with cardiac arrest, Dr Kauffman said this don’t happen to a 25 year old out walking, My husband was distraught and said how can I tell my wife that our one and only son passed away, You see I wasn’t in town I was out of town for a job interview. My husband was gone to fly to Los Angeles to meet me for my Birthday February 25. He told me that him and Paul was going for a walk, And I told him to call me when he get back. On my Birthday February 25th, 2013 I was at a funeral home making arrangements for my baby…. The ER doctor Seth Kauffman and my husband discuss an autopsy, and it was agreed. 

 Insert from Dr Seth Kauffman ER Report February 22, 2013

  • Result: Cardiac Arrest
  • Arrival Mode: Ambulance
  • Review of System: Unable to do clinical condition
  • Medical History: Autism
  • General Appearance: Unresponsive
  • Heart: No Heart Sound
  • Echocardiogram: No cardiac Activity
  • Discharge Plans: Expired time 02/22/2013
  • Autopsy: Yes, requested by Physician/ family

 Paul’s death was a direct result from the side effect from the dangerous drug ABILIFY. This Medication was not FDA approved and this negligent doctor neglected my son’s care, He abandoned my son’s ongoing treatment, Dr Fine did not tell us or educated us about this drug, He did not do proper lab work or follow ups, Dr Fine  increased his dosage when he gave us the 6 month supply. After careful research on ABILIFY we found out that; Family and caregivers of patients being treated with ABILIFY should be alerted about the need to monitor patient for the emergence of agitation, irritability, unusual changes in behavior, and report symptoms immediately to health care provider. It also states that Prescription for ABILIFY should be written for the smallest quantity of tablets, consistent with good patient management. My son was given the highest dosage allowed and was not monitor or brought in for lab work. His doctor didn’t care about my son’s health and he prescribed this medication, we didn’t prescribe this poison ourselves. His doctor did and he neglected my son, He seen the weight gain of over 300 plus pounds and did absolutely nothing to help him. My son didn’t weigh half as much before he started taking this defected drug that was not FDA approved.  Just like we researched Dr Fine could have did it and gave us other options but he didn’t, he put our son on an antipsychotic medication. Our son was not psychotic! We didn’t graduate from Columbia, Harvard or any other top medical school in the country, we didn’t neglect my son’s standard of care, Dr Fine Did.

 It states on ABILIFY website 5.2 clinical worsening or depression: It states ALL patients being treated with antidepressants for any indication should be monitored appropriately and observed closely for clinical worsening, suicidal and unusual behavior, especially during the first few months of a course of drug therapy, or at times of DOSAGE CHANGES, EITHER INCREASED OR DECREASE. This doctor increased it to a frighten 30mg, and then dropped him as a patient. We seen the horrible changes and ask for help, ask for a referral,we got no help from Dr Fine, The physician who prescribe this medication so we contacted his primary care physician Dr Michael Moshier  and ask for a appointment. His next available appointment was January 17, 2013.  Paul passed 32 days later from cardiac arrest with a normal heart. No heart disease.

 This is killing my husband and me, because we gave this medication to our son, we never wanted to medicate him, but we was  told it was for Autism, when it is currently NO medication that treats Autism. We are beating ourselves up because we were ignorant to the fact about this medication ABILIFY; this is killing us because we trusted this doctor with our son’s life. We thought he knew what he was doing or had our son best interest, but he clearly didn’t. Prior to all these crazy drugs Paul had the best immune system he never got sick, had an ear ache, cold, flu, nothing. I’ve lived in Solano county for 22 years and the only visit my son had to the hospital was the day the ambulance brought his unresponsive body, the day he passed away. We did research after our son’s death but it shouldn’t have had to go to us researching, Dr Fine should have been knowledgeable about this dangerous medication he prescribed to my son, He NEVER told us of the danger, The only medication he told us about was RISPERDAL and he said it might make him grow breast or lactate that’s it, and we look for that symptom. Only thing RISPERDIAL was doing was making my son gain weight, this Doctor switched him to another medication more deadly called ABILIFY, and then did two dosages increase in 2012 why? We didn’t know it was an antipsychotic medication that is known to cause sudden death and cardiac arrest. My son died in his dads arms.

 My son was a Victim of this negligent doctor, who prescribed this dangerous drug. We are seeking justice because hadn’t my son ever been prescribed this medication he would be alive today, had his doctor monitor him closely and see the changes, he could have given him alternative treatment or weaned him off this dangerous drug. Better yet had he research it and found that it was not for Autistic Adults, Only Schizophrenia, Bipolar, Manic Depression and Approved by the FDA in November 2009 for the treatment of Pediatric patients with irritability of Autism that’s part of a treatment program that closely monitor. Dr Fine should have known that my son was at risk of a cardiac arrest, had he seen my son. Please refer back to fact #9 …It states that this medication ABILIFY can cause elevated blood sugar, elevated cholesterol, elevated high blood pressure, and severe obesity. And it states that all of that can cause direct harm to the function of the heart. Overall it’s a prescription cardiac arrest/sudden death. Again, we would like to sue Dr Fine on the grounds of Medical malpractice, Gross negligence, failure to diagnosis, wrong prescribed medication, abandonment, not legally giving us notice to secure another physician or referral. Yes, he broke the physician patient relationship and abandoned and neglected my son’s care. Paul’s death is killing my family. One attorney told us he didn’t see neglect, but I wonder what he would have said if it was his only son.  Doctors can’t play God, Dr Fine is to blame he prescribed this and he neglected my son’s care, hindsight is truly 20-20.

 Doctor’s takes oath just like my husband did when he joined the U.S. NAVY to serve, and protect this county. Doctors need to be held to that same standard. We entrusted our son to his care and he neglected my son. Ethically and legally he should have been obligated to act in Paul’s’ best interest when he took him on as a patient. Yes, unethical and unprofessional conduct occurred when it came to my son’s level of care. Dr Fine did not provide competent medical care with compassion and with the respect for my son’s medical care. It is a code of medical ethics that any doctor must uphold. To me this negligence of my son care is a criminal offence. Dr Fine Negligence resulted in a larger complication that resulted in my son’s death; this negligence has affected my whole family. Paul came from a good family my husband and I have been married 27 years, my husband is an honorable discharge Veteran of the U.S. Navy aboard the USS Carl Vinson. He loved and protected his country. We pay or taxes, we vote, good law abiding citizen. Paul had a good life, he had classmates, teachers, friends who loved and enjoyed him. He like bowling and walking with his class for community activities, Just because you are non verbal and autistic don’t mean your not a human being with out feelings, Paul had all them emotions. I will never here my son say MOM I LOVE YOU! I will never see that smile on his face, I will never get to meet his kids, my grandkids, his wife, or he will never have a life. Paul enjoyed his family reunions every year in PortervilleCA; Paul loved his one and only nephew Jordan. My son was not psychotic, he was not irritable, he was not violent, and he was a humble, sinless, honest young man whose life was cut short suddenly. Paul loved his family and he showed it with his smile, when he smiled it lit up the whole room. He repeated some words but having Autism was a challenge with trying to communicate, but you always felt love when Paul was around, my son was my gentle giant 6-2 to 6’-3.

 I was honored that God choose me to be his mother and I want my baby back. Why should our life be turned upside down, we didn’t do this to our son, why don’t our son have the right to live, I will never get to meet his kids. I told my baby when I was standing at his casket saying goodbye that mom is going to speak for you, cause you didn’t have a voice and you couldn’t tell us what this medication was doing to you, You were asking for help the day you took your last breath when you said DAD HELP. I will continue to fight for my baby, but to be told by 26 plus attorney that they don’t see negligence; this has confused and baffled me.  I’m not the doctor; I didn’t prescribe this medication, and then neglected his standard of care. Pharmaceutical companies, doctors, healthcare provider are doing all of us a disservice when they only care about money and pushing this poison to non verbal Autistic adults. My fight is for my son and every other non verbal autistic adult who is being administered a dangerous antipsychotic medication that has nothing to do with their disability. It was Dr Fine duty as a healthcare provider, to professional abides by an acceptable level of skill and care. Dr Fine standard fell below the established standards by law to protect patients. He was very incompetent or just didn’t care.

 My neighbor son Roland who lives across the street was one of Paul’s classmates and he attended my son’s funeral. His mom came and asked us what happen to Paul, She then said was he on medication We said yes, ABILIFY, She gasp and said OMG, Roland was on that and we pulled him off after two weeks because he told us how he was feeling and the episodes he was having. I said to her, the difference was that Roland was autistic and highly function with a voice; Paul was non verbal without a voice. Some Autism adults are low and high functioning. My beloved only son was low functioning. He didn’t have a voice but I am speaking for him…. If this was your son, would you give up? I’m not I just need one, just one person with a heart to read this case in its entirety. My only son died in his dads arms. Asking for help!!! What would you do…. I have enclosed everything. I have been on this journey for 11 months seeking justice for my son and no one will help me. It’s crazy Senator Dianne Feinstein said it’s a legal matter, Attorney General Kamala Harris said it’s a legal matter, The FDA said it’s a legal matter, But No attorney has said it’s a legal matter. I have so many rejecting letters but that doesn’t do nothing but make me stronger.  I ask again if it was your only son would you stop seeking justice.



3 responses

  1. Hey sis! I read the story & Im praying God will take over & his will be done, justice be done in Jesus name Amen… Love you & the family.
    Sheresa ♥♥♥

    1. Thank you sis… I’m fighting for our son. Please share this blog with all your Family. Love you Sheresa

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