Family suing Rady over surveillance

Good Morning, I’m Debbie Cruz….it’s Wednesday, November 8th.

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A lawsuit alleges, Rady’s secretly surveilled a bedridden teen and her parents…

More on that next. But first... let’s do the headlines….

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Unofficial early results show Monica Montgomery Steppe with a commanding lead over Amy Reichert, in the race to represent District 4 on the San Diego County Board of Supervisors.

The special election was triggered by the resignation of Nathan Fletcher, who was accused by a former M-T-S employee of sexual harassment and sexual assault.

The winner of the runoff will serve the remainder of Fletcher's term, which ends in January 2027.

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Voters in Fallbrook and Rainbow want to leave the San Diego County Water Authority for cheaper water in Riverside County.

That’s according to the preliminary results from Tuesday night’s election.

Ratepayers in the two rural districts have complained for years about rising water rates.

Eileen Delaney is the head of the Fair Water Rates campaign.

“It's a win for the farmers who have had to pay astronomical water rates, and they've lost so many trees and so many groves.”

Even with this overwhelming result, the water divorce is not over.

The Water Authority has filed a lawsuit challenging a governmental regulatory body’s decision to allow Fallbrook and Rainbow to leave the 24-member agency.

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Chula Vista’s City Attorney election is too close to call.

Unofficial early results show Bart Miesfeld leading Marco Verdugo by a razor thin margin of less than 300 votes.

Dan Smith Diaz is a distant third and all but conceded the race in an email to KPBS. He says QUOTE there is no climbing out of this hole.

Chula Vista had a special election because voters selected a dead candidate in the November 2022 race.

There will be a runoff election if no one gets more than 51 percent of the vote.

Votes will continue to be counted in the coming weeks.

The final vote will be certified on December 7.

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From KPBS, you’re listening to San Diego News Now. Stay with me for more of the local news you need.

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Rady Children’s hospital secretly surveilled a bedridden teenager and her parents, using at least one hidden camera in a hospital room… and, according to a lawsuit filed by the family, it was done without a warrant.

It was part of a failed child abuse investigation.

The family is now suing Rady and San Diego County in federal and state court.

Investigative reporter Scott Rodd has part two of this investigation.

Madison Meyer’s health was failing as she entered her teenage years. By age 15, the formerly active child was admitted to the hospital with serious complications from a connective tissue disorder and required a feeding tube. Her parents…Bill Meyer and Dana Gascay…had criss-crossed the country looking for  doctors who could help explain her condition. GASCAY: “Obviously, as a parent, you hate standing by and seeing your child suffer.” But…they’d soon be fighting just to keep custody of Madison. Because in late 2018 and early 2019, according to court documents, San Diego County’s child abuse hotline received two phone calls. They alleged Gascay and Meyer had abused their daughter by claiming she suffered from non-existent injuries and interfering with hospital staff. It’s known as medical child abuse…or Munchausen syndrome by proxy…and it poses a serious risk of death to child victims. Gascay and Meyer categorically deny abusing their daughter. When a county social worker showed up in Madison’s hospital room, her father was stunned. MEYER: “It was like, ‘What is this? What does this mean?” But the county is required to investigate any credible allegations of abuse. Around this time, Madison’s medical team planned to transfer her to Rady Children’s Hospital for round-the-clock care. Before Madison arrived, the county’s investigator contacted Dr. Shalon Nienow …a lead child abuse pediatrician at the children’s hospital. In a court filing, Nienow said she reviewed Madison’s medical file and “admits she recommended [Madison] be monitored in a room with video surveillance as a medical diagnostic tool to determine whether [Madison] was a victim of medical child abuse.” The Meyer family alleges the county reviewed the plan to secretly monitor Madison, but never obtained court approval for the surveillance. GASCAY: “They had already planned to do the video. There wasn't any intentions of being collegial and involving us as a family.” Nienow’s attorneys did not respond to multiple requests for comment. San Diego County declined an interview request. In an email, a spokesperson said no county employees were involved in the decision to surveil Madison’s hospital room…even though Nienow confirms in a court filing that she communicated with the main county investigator about Madison’s care throughout the investigation. Rady declined an interview request and would not comment on the Meyer family’s case, citing patient privacy protections. In an emailed statement, the hospital said “...our top priority is providing the highest level of care to our patients and families.” By the time Madison arrived at Rady, at least one hidden camera was rolling. MEYER: “All of them knew exactly what was going on. They all knew exactly that we were being recorded.” The county brought its child abuse case against Gascay and Meyer to juvenile dependency court. Madison was removed from her parents’ custody during the 11-month trial. It was only during the custody battle that the family learned about the secret video surveillance. GASCAY: “This video spanned the whole room. It covered everything. Every interaction Bill and I had with Madison, every personal moment. The worst part was, I gave Madison a bath every day. I cleaned her up every day, changed her gown every day. All of that was on the video. It was horrific.” 38 days. That’s how long the covert video surveillance lasted, the Meyer family alleges in their lawsuit. After the long legal battle…the juvenile dependency court awarded Meyer and Gascay custody of Madison. The Meyer family’s lawsuit quotes the San Diego County Superior Court commissioner who ruled in their favor. He allegedly criticized the extensive use of covert surveillance…calling it “an unbelievable invasion of privacy. An insensitive invasion of privacy. ” Hospitals have used covert surveillance to investigate many suspected cases of Munchausen by proxy in recent decades. But there is sharp disagreement among medical professionals and legal experts about the practice. FLANNERY: “On the face of it, it's both unethical and unnecessary.” Michael Flannery is a distinguished professor of law at the University of Arkansas at Little Rock. Flannery reviewed the Meyer family’s complaint…and says the allegations troubled him. FLANNERY: “It struck me as just violative of the family's Fourth Amendment right to privacy.” Flannery acknowledges that hospitals can generally use surveillance throughout their facilities. But when hospitals work in cooperation with the government, he argues, the Fourth Amendment almost always requires court approval. A judge has dismissed parts of the Meyer family’s federal lawsuit, but has allowed it to proceed on several claims, including on Fourth Amendment grounds. Some child abuse experts say surveillance plays an essential role in diagnosing Munchausen by proxy cases. YORKER: “I'm an advocate for all the tools that we could possibly use that could help us protect children from this.” Beatrice Yorker is a professor emerita of nursing and criminal justice at California State University Los Angeles. She encourages hospitals to develop clear protocols when using surveillance. The Meyer family says that’s one of their goals. Beyond seeking monetary damages…they’re hoping Rady establishes clear safeguards for conducting surveillance in the future. GASCAY: “They've done a lot of good things in the community. I think that it's not about how much good you've done in the past, but how much you're willing to continue to challenge yourself to get better and make it better for your patients.” SOC.

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Several Chula Vista city leaders are calling on councilmember Andrea Cardenas to step down.

Cardenas and her brother, a political consultant, are facing charges of fraud, grand theft and tax evasion.

South Bay reporter Kori Suzuki has details on what could happen next.

Last week, the San Diego District Attorney announced seven felony charges against  Andrea Cardenas – and five against her brother, Jesus Cardenas. The DA accused them of lying in order to get a loan of $175,000 from the federal government’s Paycheck Protection Program. And attempting to launder the money and put it towards personal use. In statements yesterday, Republican Mayor John McCan and Democratic Councilmember Jose Preciado called for Cardenas to step down, For many in Chula Vista, news of the charges has brought a mix of frustration, anger and sadness. Mike Diaz is a former city councilmember, who lost his seat to Cardenas in 2020. MIKE DIAZ, FORMER CITY COUNCILMEMBER “Somebody that takes money that should be going to workers who are struggling during COVID and uses it for political purposes and to enrich their own personal lives. Paying off, allegedly, American Express cards and whatever else. That should disgust everybody.” At this point, Cardenas is not required to resign. Like many other cities, Chula Vista doesn’t have set rules for what happens when a sitting councilmember is charged with a crime – only for if they’re convicted. In a statement, Andrea Cardenas says she hopes people will give her a chance to defend herself. Kori Suzuki, KPBS News.

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We have an update to a story we brought you earlier this week.

The San Diego County Board of Supervisors deadlocked 2 to 2 on a proposal regarding crisis pregnancy centers across the county.

The plan from Supervisor Terra Lawson-Remer called for exploring lawsuits against the centers, and creating a public education campaign about them.

Lawson-Remer says the centers mislead women.

Her proposal included providing residents with information about reproductive health resources, including abortions.

Supervisors Jim Desmond and Joel Anderson voted against the proposal.

The proposal will continue to come back to the supervisors at each meeting unless Lawson-Remer pulls it or moves it to a specific date.

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In other health-related news… open enrollment for Covered California is here again.

Leaders say there’s around 100-thousand un-insured San Diegans eligible for financial assistance through the health insurance marketplace or Medi-Cal.

Health reporter Matt Hoffman says more incentives are available this year.

Covered California leaders and supporters were in Cesar Chavez Park kicking off a state-wide open enrollment tour.. There’s a record low 6.5% of Californians who are uninsured.. But UCLA research estimates 1.3 million uninsured residents qualify for free or low-cost coverage through Covered California or Medi-Cal. Jessica Altman is Covered California’s executive director. Jessica Altman, Covered California Executive Director nearly 70% of uninsured Americans cite the high price of health care as their primary barrier to getting covered. That is why were are working to bridge the gap in affordability She says 2/3rds of covered California enrollees are eligible for health plans at 10 dollars a month or less. Officials say there’s more financial incentives than previous years.. Open enrollment continues through January 31st. MH KPBS News.

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Coming up.... In July, a New York hedge fund with a reputation for staff cuts bought the San Diego Union-Tribune. How could that impact democracy in San Diego County?

“The absence of information makes the democratic conversation locally almost nonexistent.” 

We’ll have that story and more, just after the break.

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California utility regulators heard about the impact of high electricity prices and reactions to the proposed income based flat fees for utility bills at an Escondido hearing this week.

Environment reporter Erik Anderson says that was not the purpose of the public meeting.

The California Public Utilities Commission was looking for input on a mostly technical change to San Diego Gas and Electric’s rate structure. Instead, they heard about a lot of other concerns. Charles Langley, Public Watchdog “We’re victims.  We pay the highest electricity rates in the nation.” And the facts back up Public Watchdog’s Charles Langley.  The Public Advocates Office says S-D-G-and-E electricity rates are up 105 percent over the past decade.  Residential prices are more than double the national average.  Supervisor Jim Desmond complained about income based flat fees. Jim Desmond, San Diego County Supervisor “The way that we’ve always paid for energy before is the more you use, the more you pay. He says income-based fees are unfair.  Utility officials say those flat fees will actually help low income customers pay less.  Regulators say the comments will be added to the record. Erik Anderson KPBS News.

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The city of San Diego and nonprofit Wounded Warrior Project are announcing a first-in-the-nation partnership that will lead to a prominent city job for one local veteran.

Military and veterans reporter Andrew Dyer has more.

San Diego mayor todd gloria says veterans are key contributors to the region and he’d like the city government to reflect that. he says this new veteran engagement program coordinator position is key to achieving that goal. “what we want, that person to do is to help us to recruit from the roughly 15 thousand people who discharge from military service in our community each year, and really encourage them to come work for the city of san diego.” the wounded warrior project is contributing $50,000 of the job’s $130,000 annual salary. whoever takes the job will serve as a liaison between the city, local military commanders and veterans organizations. they’ll also develop a program to recruit more veterans into city jobs. the position is already up on the city’s website. andrew dyer, kpbs news.

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Earlier this year, a New York hedge fund that owns more than 200 newspapers nationwide bought the San Diego Union-Tribune.

Investigative reporter Amita Sharma says those with questions about what will happen next, can look to newspapers in neighboring counties for answers.

Ambi of a Riverside musician singing lyrics “There’s something happening here…from For What it’s worth.” Sitting outside a sandwich shop, on a recent fall afternoon, Riverside resident Robbie Shorts says he’s a regular voter.  But he never reads the local newspaper, The  Press-Enterprise before voting...in fact, he does no research at all. “I always see the same names. If I see a new name, I won’t even look them up and just vote for the new name, why not?” Former Riverside Mayor Ron Loveridge says the Press-Enterprise used to matter a lot more to residents. He recalls a time - more than a decade ago - when people in the community and elected officials read the local paper first thing in the morning. “I’d be surprised if anybody at city hall looks at The Press Enterprise now.” Today, the newsroom that once employed more than 100 journalists covering all of Riverside County is now down to a handful of reporters. In 2016, the New York-based hedge fund Alden Global Capital bought the Press-Enterprise. A significant number of those cuts have happened since then. “The watchdog function is not there…the information function is not there.” “We are an explicit example of the disappearance of local news.” This July, Alden acquired the San Diego Union-Tribune. There are already signs that the Union-Tribune is likely following in the footsteps of the Press-Enterprise and other Alden newspapers. Buyouts. Layoffs. Bare bones local coverage. Hours after Alden announced it bought the Union-Tribune, the company offered buyouts. Journalists left with decades of community memory of corruption cases, courts, public safety and politics. Loveridge says this leaves communities divorced from the give and take of formulating policy. And from democracy itself. “....In American politics, access is local, it's not at the state, it's not at the federal level, it’s at the local level. The absence of information makes the democratic conversation locally almost nonexistent.” The Orange County Register is another cautionary tale. Twenty years ago, the paper had hundreds of journalists covering San Diego’s neighbor to the north. Frank Mickadeit worked as a reporter, editor and columnist for the Register. He says its mission was to saturate the county with news coverage.”....We had an investigative team and we just poured a lot of money and resources into every corner of journalism that existed and that we tried to invent, and it was exciting to be a part of that.” Alden bought the Register in 2016. Now, sources at the paper say one reporter has to cover as many as five big cities.  Consider a recent scandal in Anaheim’s city hall. Details didn’t come to light until the city released its own investigative report. “….And what's kind of scary about it is that we found out about Anaheim, but who knows how many other Anaheims are out there? We don't know and we may never know.” Lifelong Anaheim resident Cynthia Ward says now the public must grapple with the consequences. “When corruption goes unchecked, it means that money that should be coming into our communities is going into the pockets of special interests, which means our taxes have to go up to fill potholes and do the things that we count on, because that money has been siphoned off. So ultimately we pay. Mickadeit says the entire country, the very republic, is in trouble if local news coverage continues its downward slide. But he doesn’t begrudge Alden or other private equity firms for hollowing out newsrooms. “....They do what they do, and it's like blaming a shark for doing what a shark does.” He says we’re all to blame for letting it happen. Amita Sharma, KPBS News.

TAG: An Alden spokesperson did not make a company representative available for comment for this story.

Tomorrow, we talk in detail about how Alden runs its businesses.

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That’s it for the podcast today. As always you can find more San Diego news online at KPBS dot org. I’m Debbie Cruz. Thanks for listening and have a great Wednesday.