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Doctor in whistleblower case was ‘very absent’ after surgery before loved one’s death, family says

ABC13 Houston
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HOUSTON, Texas (KTRK) — Family members of patients who underwent heart surgeries at Baylor St. Luke’s Medical Center are now speaking out, a day after a shocking whistleblower settlement case.

Sarah Coupland remembers the day in 2017 when her mother, Rebecca Arcangeli, had to be flown to the Texas Medical Center. The 46-year-old underwent emergency valve and aortic repair.

“Then surgeon was Dr. Joseph Coselli,” Coupland said. “Honestly, I don’t remember very much because I feel like he was very absent. I feel like he would just come in and say, ‘Someone else will talk to you. I’m the one who did the surgery, but so and so will handle it.'”

Coupland and the rest of the family were devastated when, just a few weeks after surgery, Arcangeli had to go back to the hospital and soon died.

“They told her it was a kink in the valve that caused a blockage, and she had 100% blockage that was caused by the valve repair replacement that they did,” Coupland said.

Coupland told ABC13 she had immediate concerns about the medical care her mother received at the time, though ABC13 cannot independently verify her mother’s medical history.

Coupland said she did a lot of research and wanted to sue, but no lawyer would take her case at the time.

Therefore, she was shocked when this week, the federal government revealed that Dr. Coselli was one of three doctors, the other two being Dr. Joseph Lamelas and Dr. David Ott, working at Baylor St. Lukes between 2013 and 2020, who allegedly had unqualified residents perform some operations unsupervised.

RELATED: $15M settlement reached after doctors allegedly left heart surgeries to perform other operations

The suit also alleged the doctors tried to drive up the volume of operations but sometimes had multiple surgeries at once.

“It’s a whistleblower case,” local civil attorney Geoff Berg explained, who is not involved in any of the litigation.

Berg explained that most of the $15 million settlement went to the government and a portion to the whistleblower. This was not a medical malpractice case.

In fact, in Texas, medical malpractice suits are very limited by years of tort reform in the state legislature. Families treated by doctors during the time frame identified by the lawsuit have almost no options.

“Texas just made a decision that we don’t want this to be a place where you can sue doctors,” Berg explained. “So doctors, hospitals, and insurance companies are given every benefit of the doubt. Every advantage in litigation.”

However, Berg said every case is different, and even though the hurdles are high, concerned families should speak to a lawyer if they want to be certain of what can and cannot be done.

Two of the three doctors still live in Houston. ABC13 went looking for Dr. Coselli at his listed address in River Oaks.

Several cars parked outside of his listed mansion, but nobody answered the door.

Dr. Ott’s listed address is just a few blocks away, and it is also in River Oaks. Nobody answered at his door either.

Coupland has waited seven years for someone to answer questions about her mom’s care. She would also like to know whether her mom’s case may be among the many the government looked through in this court settlement.

“She was the fun mom, the fun grandma. And it’s just so crazy it can all be taken away like that,” Coupland said.

Houston dental clinic operator convicted in $6M pediatric fraud scheme

Que Onda Editorial
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Houston dental clinic operator convicted in $6M pediatric fraud scheme

HOUSTON – A 68-year-old man has pleaded guilty in a $6 million Medicaid fraud and kickback scheme, announced U.S. Attorney Alamdar S. Hamdani.

Rene Gaviola was the operator of Floss Family Dental Care clinic located in Houston. From 2018 until April 2021, Gaviola admitted to submitting fraudulent claims to Medicaid for pediatric dental services, including numerous cavity fillings, that Floss did not provide.

Gaviola admitted he employed one individual to practice dentistry without a license on Medicaid-insured children. He also operated Floss, on occasion, without any dentists at all. Floss billed Medicaid for these dental services as if licensed dentists provided them.

Gaviola also admitted to paying kickbacks to marketers and caregivers of Medicaid-insured children to bring them to Floss for dental services. Ultimately, he admitted to laundering Medicaid monies from the Floss business bank account to his personal bank account in several transactions exceeding $100,000.

From 2019 to 2021, the dental clinic billed Medicaid nearly $6.9 million in claims for pediatric dental services. Medicaid paid approximately $4.9 million on those claims.

“These precious Medicaid funds were intended to provide necessary dental services to low-income children in our community, not line Gaviola’s pockets,” said Hamdani. “This conviction is a reminder to all who attempt to defraud our healthcare system that we are committed to stamping out fraud and protecting the integrity of Medicaid and other federal programs.”

“Gaviola took advantage of the system, and he took advantage of the children to defraud the system,” said Special Agent in Charge Douglas Williams of the FBI Houston field office. “Not only that, he also jeopardized the young patients’ healthcare by putting them in the hands of unlicensed practitioners, all in the name of his greed. This case is a perfect example that healthcare fraud is not a victimless crime, and the FBI will continue to follow and uncover the fraud.”

Chief U.S. District Judge Randy Crane accepted the guilty plea and has set sentencing for April 16. At that time, Gaviola faces up to 10 years for conspiracy to commit health care fraud, each of five substantive health care fraud counts, three counts of payment of kickbacks and six counts of money laundering as well as five years for conspiracy to pay and receive kickbacks. The convictions also carry as possible punishment hundreds of thousands in potential fines.

Gaviola was permitted to remain on bond pending sentencing.

FBI, Texas Attorney General’s Medicaid Fraud Control Unit and the Department of Health and Human Services – Office of Inspector General conducted the investigation. Special Assistant U.S. Attorney Kathryn Olson and Assistant U.S. Attorney Lauren Valenti are prosecuting the case.

Dashcam video shows Harris County judge’s April field sobriety test, 2 months before DWI arrest

ABC13 Houston
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Dashcam video shows Harris County judge’s April field sobriety test, 2 months before DWI arrest
Judge Kelli Johnson

HARRIS COUNTY, Texas (KTRK) — Harris County District Court Judge Kelli Johnson took her second field sobriety test in two and a half months Tuesday morning before her arrest on a driving while intoxicated charge.

Officers with the Houston Police Department initiated a traffic stop at 1:55 a.m. Court records state they observed “extremely slow movements, emotionless behavior, and dilated pupils” after pulling her over for turning right from the center lane at the intersection of Hempstead and Kempwood in the Spring Branch area.

This was her second police run-in since April 12.

“Have you had anything to drink tonight,” the Harris County Sheriff’s Office sergeant who stopped her asked.

“No,” she responded.

“You sure? Because either I, you drowned yourself in perfume or,” he said.

ABC13 reported on the first traffic stop last week after obtaining body-worn camera video from HCSO. Somehow, the video was obstructed by cameras by two deputies, but the audio was clear.

“If I do this test and don’t do well,” she said. “I lose my career.”

“We’re not calling Lt. Katrib, and we’re not calling Sheriff (Ed) Gonzalez,” the sergeant pushed back at one point. “This is an investigation into an impaired driver.”

The dash cam video, also obtained through an open records request, was clear, too.

After catching up to Judge Johnson’s vehicle on US-290, the video shows the stop happening in a parking lot on Spring Cypress. The sergeant said he observed her speeding and driving the wrong way on Jackrabbit Road. He also suspected her of drinking and called a female deputy to administer the test. They agreed she failed a few clues, including the turn, but determined it was not enough for an arrest. Johnson was allowed to drive off with a warning for speeding.

“She’s probably been drinking but not to the level of,” the female deputy said.

Tuesday morning, Johnson scored very low (4 out of 18), court records state, on her second field sobriety test in as many months. Police believe she was under the influence of a controlled substance, not alcohol. She consented to a blood draw once at the Harris County jail. She was released on bond Tuesday afternoon.

RELATED: Judge stopped for reckless driving, suspected of drinking but given warning, according to recording

Johnson, who was elected to the 178th court in 2016, has presided over some of the highest-profile trials and made decisions about hundreds of defendants’ futures.

“This is about people, the least among us,” Defense attorney Gerald Bourque told ABC13 Tuesday night. “They’re depending on judgement of a sober judge. This is not a small thing. This is serious. People go to prison on what she does.”

Johnson has not responded to requests for comment. According to the Harris County District Clerk’s website, she does not have an attorney of record.

Her first scheduled court appearance is July 2.

Midwest flood kills two, causes devastation amid heat wave

Que Onda Editorial
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Midwest flood kills two, causes devastation amid heat wave

NORTH SIOUX CITY, S.D.
— More storms are forecasted for the Midwest, where severe flooding following days of heavy rains has resulted in at least two fatalities, a river surge around a dam, and numerous evacuations and rescues.

The National Weather Service has predicted severe storms for Tuesday afternoon and evening, including the possibility of large hail, damaging winds, and brief tornadoes in parts of western Iowa and eastern Nebraska. Showers and storms are also expected in parts of South Dakota and Minnesota.

This flooding coincides with an intense heat wave affecting the region. Some flooded communities were under an excessive heat warning Monday, with temperatures nearing 100 degrees Fahrenheit (38 Celsius). Similar dangerous weather is expected around the Omaha area on Tuesday.

Widespread Impact

More than 3 million people from Omaha, Nebraska, to St. Paul, Minnesota, are affected by the flooding. The National Weather Service reported that from Thursday through Saturday, up to 18 inches (46 centimeters) of rain fell south of Sioux Falls, South Dakota.

Even areas that received less rain are grappling with downstream water surges. Many streams, particularly with continued rainfall, are expected to crest later this week as floodwaters drain into the Missouri and Mississippi Rivers. The Missouri River is forecasted to crest at Omaha on Thursday, said Kevin Low, a weather service hydrologist.

Tragic Losses and Infrastructure Damage

On Saturday, an Illinois man attempting to drive around a barricade in Spencer, Iowa, was swept away by the Little Sioux River, according to Sioux City’s KTIV-TV. His body was recovered Monday. South Dakota Governor Kristi Noem also confirmed at least one fatality in the state but provided no further details.

“We’re on the highest spot in town, but what good is that when the rest of the town is flooded? It makes me nervous,” said Hank Howley, a 71-year-old resident of North Sioux City, South Dakota, who has avoided evacuation.

A railroad bridge connecting North Sioux City, South Dakota, with Sioux City, Iowa, collapsed into the Big Sioux River around 11 p.m. Sunday. BNSF Railway, which owns the bridge, had ceased operations as a precaution during the flooding. The collapse caused no injuries and is not expected to significantly impact rail traffic.

Emergency Responses

The South Dakota Department of Transportation constructed a berm across Interstate 29 on Sunday night to prevent further flooding, temporarily blocking the major route. The flooding has caused extensive damage, closing businesses, damaging roads and bridges, and leading to power outages and unsafe drinking water in various communities.

Aiden Engelkes, a resident of Spencer, Iowa, described the emotional toll of the flooding, which surpassed a record set in 1953. Engelkes, who was evacuated from his first-floor apartment, is now staying with his mother on higher ground.

Ongoing Efforts and Federal Response

In addition to the state-level response, federal efforts are underway. President Joe Biden has been briefed on the flooding, and the Federal Emergency Management Agency (FEMA) has personnel on the ground in Iowa.

In Mankato, Minnesota, the local sheriff’s office reported a “partial failure” of the western support structure for the Rapidan Dam on the Blue Earth River due to debris accumulation. Emergency management director Eric Weller stated the bank would likely erode further but did not anticipate the concrete dam itself failing. Nearby homes have been evacuated as a precaution.

The Midwest continues to face significant challenges as communities work to recover from the devastating floods while preparing for potential additional storms.

Alec Baldwin’s attorneys seek dismissal of manslaughter charge over damaged revolver

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Alec Baldwin’s attorneys seek dismissal of manslaughter charge over damaged revolver

SANTA FE, N.M. (AP) — Alec Baldwin’s defense attorneys requested Monday that a New Mexico judge dismiss the involuntary manslaughter charge against the actor, arguing that damage done during FBI testing to a revolver used in the fatal shooting of a cinematographer on the set of the Western “Rust” has impeded their ability to mount a proper defense.

“They understood that this was potentially exculpatory evidence and they destroyed it anyway,” said Baldwin’s attorney John Bash during a virtual court hearing. “It’s outrageous and it requires dismissal.”

Prosecutors acknowledged the damage to the gun was “unfortunate” but maintained Baldwin’s team still has ample evidence to prepare a defense, arguing the defense had not met the burden to dismiss the case.

Judge Mary Marlowe Sommer stated she expects to issue a ruling on the motion to dismiss by Friday.

The Incident and Subsequent Investigation

On October 21, 2021, during a rehearsal on a movie-set ranch, Baldwin was pointing the gun at Halyna Hutchins when it discharged, killing her and wounding director Joel Souza. The revolver was initially sent to the FBI for DNA testing, but following Baldwin’s claim in an ABC interview that he never pulled the trigger, the FBI conducted an accidental discharge test. This test involved striking the gun with a rawhide mallet, causing it to break into three pieces.

Baldwin’s lawyers argued the authorities were aware the test could damage the gun but proceeded without disassembling and photographing it first, thus destroying crucial evidence. “We can never use our own expert to examine that firearm,” Bash said.

Prosecutors countered that the gun was not completely destroyed. “The parts are still available,” special prosecutor Erlinda Johnson said, adding that the damage did not deprive Baldwin of the ability to question the evidence.

Courtroom Proceedings and Evidence

Baldwin’s attorneys contended that the damage to the revolver’s hammer rendered key testing impossible. They suggested that if the case was not dismissed, technical gun analysis should be excluded from the trial.

During the hearing, Baldwin’s lawyers extensively cross-examined the lead detective, an FBI forensic firearm investigator, and the prosecution’s independent gun expert, likely preparing for the high-profile trial where Baldwin will appear in person.

Prosecutors argued the defense still has sufficient gun evidence for the trial. “They have other reasonable available means to making their point,” Johnson said. She noted that all available evidence, including witness testimony and video of Baldwin firing the gun in movie footage, indicated the gun was in good working order at the time of the shooting.

Prosecutors plan to present evidence showing the firearm “could not have fired absent a pull of the trigger” and was functioning correctly before the incident. Meanwhile, Baldwin’s defense highlighted an expert analysis suggesting uncertainty about toolmarks on the gun’s firing mechanism.

Legal Developments and Next Steps

Baldwin has pleaded not guilty to the involuntary manslaughter charge, which carries a maximum sentence of 18 months in prison. Armorer Hannah Gutierrez-Reed, convicted of involuntary manslaughter for her role in the shooting, was sentenced to 18 months in prison. Last Friday, the judge denied prosecutors’ request to compel testimony from Gutierrez-Reed at Baldwin’s trial, although her previous statements to investigators will likely feature prominently.

Last year, special prosecutors initially dismissed the involuntary manslaughter charge against Baldwin, citing potential modifications and malfunctions of the gun. However, after receiving a new analysis, they successfully pursued a grand jury indictment.

The judge’s forthcoming ruling on the motion to dismiss will determine whether Baldwin’s trial proceeds with the current charges.

Surgeon General declares gun violence a national public health crisis

Que Onda Editorial
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Surgeon General declares gun violence a national public health crisis

Gun violence in the United States is an urgent public health crisis that requires the “collective commitment of the nation” to address, Surgeon General Dr. Vivek Murthy declared in a new advisory released Tuesday.

This marks the first time the Office of the Surgeon General has focused a publication on firearm violence and its “profound consequences” on survivors, communities, and mental health. A surgeon general’s advisory, typically used to highlight significant public health challenges, is generally shorter and more targeted than comprehensive reports like the well-known 1964 report on the dangers of smoking.

The advisory details the devastating impact of gun violence in the United States and outlines public health strategies to mitigate it. In 2022 alone, over 48,000 people in the U.S. died from firearm-related injuries, including homicides, suicides, and unintentional deaths. The firearm-related death rate in the U.S. has been increasing, reaching a three-decade high in 2021. While data shows a decrease in gun-related homicides since then, the number of gun-related suicides has remained constant.

Despite mass shootings accounting for just about 1% of gun deaths, their frequency has been rising. A KFF poll in April last year revealed that more than half of U.S. adults reported that they or their loved ones had experienced a firearm-related incident. One in five adults said they had been personally threatened with a gun, and nearly as many reported that a family member was killed by a gun, including suicides.

The advisory highlights the disproportionate impact of gun violence on people of color. In 2022, Black individuals experienced the highest rates of firearm-related homicides across all ages, and Black children and adolescents accounted for half of all firearm deaths despite comprising only 14% of their demographic group.

The Toll on Children and Communities

Children and adolescents in the U.S. face the highest gun violence mortality rate among peer countries. In the U.S., there are 36.4 deaths per million people ages 1 to 19, compared to 6.2 per million in Canada, 1.6 per million in Australia, and 0.5 per million in the UK. An analysis of unintentional firearm deaths among children found that 56% occurred in the child’s own home, with many firearms stored loaded and unlocked, often in sleeping areas.

Gun violence also has severe mental health implications. Many children fear experiencing gun violence at school, and the stress affects entire communities, leading to elevated levels of mental health problems.

Addressing Suicide Rates

More than half of gun deaths in 2022, 56%, were from suicide. The highest rates of gun suicides for adults aged 45 and older involved White individuals, while younger people identifying as American Indian or Alaska Native had the highest rates of gun suicides. Veterans also face high suicide rates, with the rate for male veterans being 62.4% higher than for non-veterans, and for female veterans, 281.1% higher than for non-veterans.

Call for Action

The advisory calls for increased funding for firearms research, improved data collection, and targeted prevention strategies. It urges communities and healthcare systems to support populations vulnerable to gun violence. Legislative measures recommended include safe firearm storage laws, a ban on assault weapons, universal background checks, and effective firearm removal policies. The advisory advocates treating firearms like regulated consumer products to enhance safety.

Dr. Murthy has previously issued advisories on mental health challenges, health misinformation, and the effects of social media on youth mental health. He emphasizes that a public health approach can significantly reduce gun violence, just as it did for tobacco-related diseases and motor vehicle crashes.

“It is up to us to take on this generational challenge with the urgency and clarity the moment demands,” the advisory states. “The safety and well-being of our children and future generations are at stake.”

For more health updates, sign up for CNN Health’s weekly newsletter, “The Results Are In with Dr. Sanjay Gupta,” every Tuesday.

Florida Panthers capture first Stanley Cup with thrilling Game 7 victory over Edmonton Oilers

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Florida Panthers capture first Stanley Cup with thrilling Game 7 victory over Edmonton Oilers

SUNRISE, FL — In a dramatic conclusion to the Stanley Cup Final, the Florida Panthers edged out the Edmonton Oilers 2-1 in Game 7 on Monday night, clinching the first NHL championship in franchise history and averting a historic collapse.

After jumping to a commanding 3-0 series lead, the Panthers appeared poised to secure their inaugural title. However, their momentum faltered, with Edmonton outscoring Florida 18-5 over the next three games, setting up a tense finale at Amerant Bank Arena.

The Panthers, playing before an electrified home crowd, struck first. Carter Verhaeghe redirected an Evan Rodrigues shot just after a power play expired, netting the opening goal four-and-a-half minutes into the first period. This marked Verhaeghe’s 11th goal of the playoffs, tying a franchise record for most goals in a single postseason.

Edmonton quickly responded as Mattias Janmark scored on a breakaway just over two minutes later, leveling the game at 1-1.

The Oilers nearly seized the lead in the second period when Warren Foegele’s shot slipped past Panthers’ goaltender Sergei Bobrovsky. However, defenseman Dmitry Kulikov made a crucial blind save, clearing the puck mere inches from the goal line. This defensive heroics set the stage for Sam Reinhart, who raced down the ice and fired a wrister from the right circle past Oilers’ netminder Stuart Skinner, restoring Florida’s lead at the 15:11 mark.

Reinhart’s goal was particularly poignant, as he had not scored during the Panthers’ three-game losing streak despite leading the team with 57 goals in the regular season.

In a tense third period, Edmonton pressed for the equalizer but failed to convert several opportunities. Bobrovsky was instrumental in preserving the lead, finishing the game with 23 saves.

The victory marked a historic achievement for the Panthers, who had previously lost in the Stanley Cup Final three times, including last year. Florida joins an elite group, becoming just the third team in 40 years to win the Stanley Cup after losing in the final the previous year.

“It’s not a dream anymore. It’s not a dream, it’s reality. I can’t believe it, I can’t believe it,” said Panthers’ star Matthew Tkachuk. “I can believe how good these two years have been. I’m so thankful for this group of guys…something really special here with what we have.”

Despite the loss, Edmonton’s Connor McDavid was awarded the Conn Smythe Trophy for his exceptional playoff performance, tallying 42 points (eight goals and 34 assists) in 25 games. McDavid broke Wayne Gretzky’s record for most assists in a playoff year and became the third player in NHL history to surpass 40 points in a single postseason.

The Oilers aimed to become only the second team to overcome a 0-3 deficit in the Stanley Cup Final, a feat accomplished only once before by the Toronto Maple Leafs in 1942 against the Detroit Red Wings. However, with the defeat, the three-decade Stanley Cup drought for Canadian teams continues. The last Canadian team to hoist the Cup was the Montreal Canadiens in 1993.

As the Panthers celebrate their historic victory, the Oilers and their fans are left to ponder what might have been, even as McDavid’s individual brilliance shines through the disappointment.

Texas Longhorns baseball coach David Pierce fired after eight seasons

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Texas Longhorns baseball coach David Pierce fired after eight seasons

AUSTIN, Texas — David Pierce’s tenure as the head baseball coach at the University of Texas has come to an end after eight seasons and nearly 300 wins. Texas athletic director Chris Del Conte announced the mutual decision on Monday.

“After the season, Coach Pierce and I had some time to visit about the year, the future of our program, where we are, and where we’re headed,” Del Conte said. “It was a difficult decision for us both, but we have mutually agreed that we should make a change.”

Pierce took the helm in 2017, succeeding legendary coach Augie Garrido, and compiled a record of 297-162 with the Longhorns. Prior to joining Texas, Pierce led the Tulane Green Wave to a 76-46 mark over three seasons. His overall record as a Division I head coach stands at 494-271 over 13 years. Pierce had two years remaining on his contract.

In a statement, Pierce expressed gratitude for his time at Texas. “It certainly is a time I will always cherish as a coach, and I am so appreciative of The University of Texas for the opportunity,” he said. “Thank you to Longhorn Nation, the fan base, our support staff, student assistants, and the media who covered us so well.”

Under Pierce, Texas enjoyed significant success, including four 40-win seasons and a 50-win campaign in 2021 that ended in the semifinals of the Men’s College World Series (MCWS). The Longhorns reached the MCWS in 2018 and 2022 but missed the postseason in 2019, the only time under Pierce they failed to advance.

This season, Pierce also took on pitching coach duties, but the Longhorns struggled on the mound, recording a 4.91 ERA, the highest in the past decade, and issuing 258 walks, the most since 2018. The team’s 497 strikeouts were a significant drop from previous years.

Despite the coaching change, Texas will retain a strong core group of players, including Big 12 player of the year and third-team All-American Max Belyeu, second-team All-American shortstop Jalin Flores, and utility player Jared Thomas.

Next season, Texas will join the Southeastern Conference (SEC), which had eleven teams in the NCAA tournament and four advancing to the MCWS this year.

In full statements, both Pierce and Del Conte emphasized the mutual nature of the decision and expressed their appreciation for each other and the University of Texas.

David Pierce concluded, “I especially want to thank the coaches and our former and current players who helped us win a lot of games and represented our program in a first-class manner. You will forever be in my heart, and I look forward to continuing to cheer you on in baseball and beyond.”

Chris Del Conte added, “I am so grateful for Coach Pierce and all he has poured into our baseball program for the past eight years. He is an incredible person, and I’ve truly enjoyed my time working with him. I appreciate the passion, pride, and steadfast commitment he had for coaching and working with our student-athletes.”

As Texas prepares for its transition to the SEC, the search for a new head baseball coach begins.

$15M settlement reached after doctors allegedly left heart surgeries to perform other operations

ABC13 Houston
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$15M settlement reached after doctors allegedly left heart surgeries to perform other operations

HOUSTON, Texas (KTRK) — The Federal Bureau of Investigation is investigating three Texas Medical Center institutions after a whistleblower came forward accusing three heart surgeons of violating regulations during complicated operations.

On Monday, the FBI posted on X, formerly known as Twitter, saying that the doctors had “gambled with their patients’ care during complicated open-heart-surgeries no less, compromising quality care over quantity and then falsely billed Medicare for reimbursement of services they improperly delegated.”

According to U.S. Attorney Alamdar S. Hamdani, Baylor St. Luke’s Medical Center (BSLMC), Baylor College of Medicine (BCM), and Surgical Associates of Texas P.A. (SAT) have jointly agreed to pay $15 million to resolve the claims.

The settlement resolved allegations from June 3, 2013, to Dec. 21, 2020. The civil lawsuit alleges three surgeons, 71-year-old Dr. Joseph Coselli, 63-year-old Dr. Joseph Lamelas, and 77-year-old Dr. David Ott, violated Medicare teaching physician and informed consent regulations.

According to the U.S. Attorney’s Office, the investigation began on Aug. 7, 2019, when the whistleblower alleged that Coselli, Lamelas, and Ott regularly ran two operating rooms at once and delegated key aspects of extremely complicated heart surgeries to unqualified medical residents at St. Luke’s.

The sealed qui tam lawsuit alleges that the heart surgeries at hand are some of the most complicated operations performed at any hospital, including coronary artery bypass grafts, valve repairs, and aortic repair procedures.

The U.S. Attorney’s Office said these surgeries typically involve opening a patients’ chest and placing the patient on the bypass machine for some portion of time.

The lawsuit alleges that the surgeons ran two operating rooms at once and failed to attend the surgical timeout, which is a critical moment when the entire team would pause and identify key risks to prevent surgical errors.

“Patients entrusted these surgeons with their lives – submitting to operations where one missed cut is the difference between life and death,” said Hamdani. “Allegedly, the patients were unaware their doctor was leaving for another operating room. This settlement reaffirms the importance of Medicare requirements governing surgeon presence and ensuring that no physician – no matter how prominent or successful – can skirt around the rules.”

The doctors are accused of hiding this information by falsely attesting on medical records they were physically present for the “entire” operation.

“The complete disregard for patient safety exhibited by these three doctors put patients at risk and violated Medicare regulations for their own convenience and greed,” said Special Agent in Charge Jason E. Meadows of the Department of Health and Human Services Office of Inspector General. “This record settlement demonstrates our steadfast commitment to protecting Medicare beneficiaries and working with our law enforcement partners to utilize all the tools in our arsenal to hold accountable those who steal from Medicare and other federal health care programs.”

Baylor St. Luke’s Medical Center sent Eyewitness News the following statement:

Baylor St. Luke’s Medical Center has reached an agreement with the Department of Justice (DOJ) to resolve a documentation and billing matter involving compliance and billing requirements set forth by the Centers for Medicare and Medicaid Services (CMS). The DOJ claims are strictly allegations and the settlement by Baylor St. Luke’s is not an admission of liability. Baylor St. Luke’s remains committed to complying with all CMS regulations. Baylor St. Luke’s is a world-renowned academic medical center that cares for patients from throughout the world with the most complex conditions. The hospital provides its patients with safe, high-quality care and remains committed to compliance with all applicable regulations.

The $15 million recovery is the largest settlement to date involving concurrent surgeries. The whistleblower will receive $3,075,000 due to the False Claims Act, which entitles the private whistleblower who commences the suit to a portion of the recovery.

Judge sets $10M bail for 1 of the capital murder suspects accused of strangling 12-year-old girl

ABC13 Houston
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Judge sets $10M bail for 1 of the capital murder suspects accused of strangling 12-year-old girl
J udge sets $10M bail for 1 of the capital murder suspects accused of strangling 12-year-old girl

HOUSTON, Texas (KTRK) — A judge set bail at $10 million for one of the capital murder suspects accused of killing 12-year-old Jocelyn Nunagray, who was found in a creek in north Houston last week.

On Monday, 26-year-old Franklin Jose Pena Ramos faced a judge, who believes the man is a flight risk.

He’s been placed under a U.S. Immigration and Customs Enforcement, or ICE, hold since June 20.

An ICE spokesperson confirmed last week that Pena and the second suspect, 22-year-old Johan Jose Martinez Rangel are from Venezuela and were in the country illegally. Border Patrol arrested them near El Paso but released them with an order to appear.

In fact, the Harris County District Attorney’s Office said Pena still had on an ankle monitor given to him by ICE at the time of the crime.

Martinez is due in court on Tuesday.

Investigators said they believe the young girl snuck out of her home around 10 p.m. Sunday, June 16.

According to court documents, the two men asked Jocelyn for directions after encountering her on Kuykendahl Road.

Court documents read that the men then allegedly lured Jocelyn underneath a bridge, where they kept her for two hours. She was tied up, had her pants taken off, and was strangled, officials said.

A bystander found her body floating in a creek shortly before 7 a.m. on June 17.

Prosecutors say she had marks on her neck and scrapes on her body consistent with being dragged.

The state adds that Jocelyn and the men were seen on video at about 12:57 a.m. on June 17 walking down by the bayou. At 3:04 a.m., only the two men emerged.

An autopsy confirmed her cause of death was strangulation.

The state said it interviewed witnesses who told them they saw the men at Ojos Locos hours before Jocelyn’s murder.

According to another witness, Pena confessed he and Martinez did something bad after partying and were looking for money to leave town.

Both men worked construction and allegedly asked their boss for those funds after explaining what happened, the lead prosecutor told ABC13.

We also learned in court Monday that Pena told authorities he tried to tell Martinez to stop, but then Martinez allegedly put his arm around Jocelyn’s neck and covered her mouth.

After she died, Martinez allegedly tied her up and and told Pena to put her body in the water to remove any DNA. Martinez also reportedly admitted to changing his beard to avoid attention.

Jocelyn’s family said they are relieved the two men accused of murdering her are in custody.

Her funeral will be held this Thursday, followed by a celebration of life at Gallery Furniture.

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