Help4OurMom

Hello, I'm Travis and I live in Tampa, Fl.  What follows is an ongoing, unbelievable, and sad story that is made worse due to Florida law and my mom's death.  I'll give detail in subsequent posts, but below is the 'short' version.

Before I get started with the story of my wrong brought upon my parents, let me interject that the estate's homestead is about to be lost due to the monthly mortgage.  Before I can rent it to make it self-sustaining, I need to do some repair.  The events below have caused the financial problem and our need for assistance.

In bullet points with details to come later:

- My dad went to his doctor, a friend, for a persistent cough;
- The doctor repeatedly dismissed the cough;
- My dad with to another doctor for another issue; this doctor took an x-ray that made a discovery.
- This 2nd doctor told my dad to get his lungs checked out by an oncologist  Turned out, that cough was the makings of stage 4 lung cancer - he never smoked;
- Dad is given 6 months to live;
- The cancer mutates into something that the medicine Tarcevia works on;
- Tarcevia clears my dad's body and reduces the spot of origin 80%.
- My dad has survived 2 years on Tarcevia!
- "Obama Care" kicks
- For whatever reason you want to consider, my dad loses his insurance plan.
- With the loss of his insurance plan, my dad looses his prescription plan.
- Tarcevia, that was $10 / month is now $400 / mo.
- Then my dad looses his doctor because he was on the insurance plan.
- My dad goes to the VA as he is a veteran.
- The VA does not have Tarcevia on their list of medicine.
- The VA forgets about my dad for over a year.
- The VA scandal of a "Second Waiting List" publicly comes to light.
- When the VA 's Second Waiting List is corrected, the VA had my parents' sign something in return for the VA to pay for my dad's Tarcevia.  Probably some waiver.  Mom wouldn't give details.
- By now, it is too late.  The cancer, in the absence of Tarcevia, came back with a vengeance and went to my dad's brain in addition to the whole of his body.
- Upon my dad's death, his life insurance paid my mom as planned.
- Larry, a 30 year long friend of the family who is an investor and has been a consultant to the FBI, offers to invest my mom's money (dad's life insurance) in gold.
- Larry, also being on the Board of Directors at 1st Citrus Bank, arranges for a short term loan to cover the ballooning building mortgage until my dad's business property can be sold.
- I was told that the bank's conditions were that the sale had to go through the bank and use a realtor of the bank's choosing.
- The bank's realtor could not find "comps" for the building and my mom was urged by Larry to sell for less than my mom wanted, stating that he can make the loss back with the investment of proceeds.
- Larry has now taken $757,000, every penny of my mom to invest.
- One day, a Florida state financial crimes investigator informs my mom that Larry is under investigation.
- Larry pleads guilty to the fraud of 11 people for over $8 million over decades. Federal Case: 8:19-CR-147 Florida Middle District
- Larry had left my mom destitute. 
- The Florida States Attorney uses the merits of my mom's case to benefit victims who would be, I believe, barred by the statute of limitations from bringing their own case against Larry.
- In the plea agreement, the State's Attorney separates, by name, my mom for restitution with her own paragraph and the other victims with their own paragraph.
- Then, the State's Attorney in court argues the statutes of the plea agreement for my mom's restitution is a transcriptionist error and should not apply.  Instead of having a priority, her restitution is lumped with the other victims.
- My mom's restitution is now pro rated to about 9% on her OWN CASE because of the poorly written plea agreement.
- One night, soon after hearing of the judgement and, I'm sure, considering her 9% restitution and destitute state, my mom had a heart attack.
- At 3:09AM, I rushed my mom to a hospital.
- After 5 days, my mom had CABG LIMA-to-LAD surgery.
- The surgery was over at 10:17AM and my mom was extubated by 10:50AM.  That is 33 minutes.  Protocol states 6 hours.
- After hours of agony, convulsing, and, IMHO, lack of monitoring, my mom died of Hypoxia or lack of oxygen...in a hospital. This occurred before COVID existed so COVID is not a factor.
- At the time of the code, my mom's core body temperature was 93*F.  How does this happen in a hospital?!
- The doctor listed the cause of death as PEA or Pulseless Electrical Activity.
- You don't get to PEA instantly.  You arrive at PEA by way of about 10 different routes over time.  One is Hypoxia.
- Florida law 768.21(8) does not allow me to seek punitive damages.  As such, no attorney will speak with me as there is no money in a suit for just funeral, burial, and lost wages of a 76 year old widow.
- Furthermore, I cannot bring a suit myself because a medical professional in the same field as the doctor must 'certify' the case as having an error in protocol.  Normally, an attorney working on contingency would find the doctor and cover the costs.  However, 768.21(8) prevents that.  There is no money for me to pay a doctor directly due to the fraud and 5 years of care of my mom.

12/10/2020
Last week, I discovered the term "Gross Negligence" and "Intentional Misconduct".  I was so encouraged when I saw that this fit my mom's case.  It was to be another path to justice for my mom.  The "Florida Free Kill" law of 768.21(8) relies upon the the definitions found within 766.106.  The definitions for gross negligence and intentional misconduct are found in 768.72.  Additionally, because the early extubation seemed "obvious", I was hoping that I wouldn't need to have the case medically certified because of "res ipsa loquitur", "the action speaks for itself".  I thought for sure this was what I needed to make progress.  However, the Florida Legislature still prevents me from filing a case.  I was told that I can't bring the Gross Negligence/Intentional Misconduct case without first being able to bring a claim through Medical Malpractice - 768.21.

12/11/2020
After many different methods of reaching out to the hospital, with statements that I'd be contacted within 24-48 hours, which never occurred, I emailed the president & CEO at two email addresses I found online.  While I hoped that a call from the hospital would be the result, I instead received a letter in the mail from an attorney.  It is very sad that my efforts to minimize the cost for all involved by simply talking to someone at the hospital was cast aside.

12/21/20
Called the hospital's attorney and tentatively set a time for a call.  So disappointed in the hospital.

The need that I need to accomplish:
1. Must be done first - hire a Florida certified Expert Witness in the proper field medical field to certify that mistakes were made in the care of my mom.

2. Then, find an attorney that will take the case  or I will need to file 'pro se'. 

3 - Save my mom's home from possible foreclosure and all those memories of my mom and dad it contains. 

If I succeed at path 1 & 2, the proceeds from the case would take care of #3.

Ways you can help:
- I need knowledge.  If you know Florida law in the areas of: federal crime and restitution, liens, Wrongful Death, Medical Malpractice, Emotional Pain and Suffering, I could use some helpful statutes to read.  I understand I am limited according to 768.21(8) and this is the reason no attorney will talk to me.   But the estate can collect on lost wages of my mom, funeral & burial expenses, etc. which is badly needed.  However, I MUST have the case certified by an expert to be able to file a claim ,even if I'm limited in recovery...as I understand it.

           If you LOVE law, this is a case that is easy to be passionate about.

- Obviously, any financial help would be incredible and greatly appreciated and utilized properly.

- If you know how to locate assets, domestic and foreign, that may help for restitution, even if only 9% comes to the estate.  It could save the house and memories within.  I have already searched all 50 states for unclaimed assets and I have a list of about 220 "Larry's" with unclaimed assets.  But, I need to validate that they belong to the right "Larry".  I have received an Abstract of Judgement in hope of being able to seize or encumber any found assets.  I believe the State would still supersede any lien I could file, though.

- I need data to sift through and some financial means to get an expert to certify the claims for medical malpractices/wrongful death.  I've done a lot of 'Pro Se' work already but this is a requirement that I legally cannot do.  So much for the 'People's' access to the courts.

Ultimate End Goal:

1) Save the homestead.

2) Make the people of Florida and visitors of Florida aware of the laws that I am having to live through.  The "Free Kill" law [statute 768.21(8)] needs to be revoked.  The people need a chance to vote on this law.

3) Recover for the estate what the law allows.


That is the quick (??) bullet point story.  There is so much insanity in the details that your blood will boil.  I'll add as I can but I have a lot of work to do on my own as, due to the aforementioned law, no attorney will consider the case.

If you've read this far, I thank you very much for your time and consideration.

- Travis