"Winkler County Nurses" win $750,000 settlement - page 3

commissioners and nurse mitchell react to $750000 settlement 8/10/10‎ beau berman cbs 7 news bberman@cbs7.com august 10, 2010 kermit, texas -... Read More

  1. by   MissPiggy
    Just found this article in the local news:

    Winkler doctor arrested | arafiles, winkler, county - Local News - Odessa American Online

    payback's a *****, isn't it?
    Last edit by sirI on Dec 23, '10
  2. by   caliotter3
    Can't say I wasn't pleased to read this and I usually don't wish ill for people. Glad this scumbag will be leaving.
  3. by   NRSKarenRN

    ...arafiles' criminal charges come from the texas attorney general's office. in the arrest warrant affidavit, arafiles is accused of giving patient information to winkler county sheriff robert roberts, arafiles' friend and also a patient, so that roberts could investigate the source of the anonymous accusations against him. after determining the patients themselves hadn't made the complaints, roberts identified galle and mitchell as the whistleblowers, setting into motion all future events that brought national attention to the small community.

    but prosecutors dismissed the case against galle, and mitchell was acquitted by jury in february. in august, the pair received $750,000 after winkler county settled a federal civil suit against many of the officials involved.

    the affidavit said arafiles disclosed the information to roberts to stop what he characterized as harassment against him, but that wouldn't be considered a proper governmental purpose, especially against certified nurses with a duty to report harmful medical practices. the affidavit also said arafiles' inquiries should have been directed to the texas medical board, not a local law-enforcement officer...
    gotta love karma
  4. by   MissPiggy
    ...and here's another article about it, folks

    Doctor Arafiles Runs from CBS 7 Cameras After Arrest 12/22/10

    Beau Berman
    CBS 7 News
    December 22, 2010


    A year after a trial that made national headlines, a Winkler County Doctor is arrested for two 3rd Degree felonies.

    Doctor Rolando Arafiles was arrested for "misuse of official information" and "retaliation" after an investigation by the State Attorney General's Office.

    After someone advised the AG's office to launch an investigation a representative hit west Texas this week, arresting Doctor Arafiles on Tuesday.

    According to the Winkler County Sheriff, the arrests will keep on coming.

    Arafiles was arrested and taken to the Winkler County Detention Center Tuesday.

    He was issued a "PR" or Personal Recognizance Bond, meaning he didn't have to pay to leave the jail.

    However, officials did confiscate the passport of Arafiles, a native of the Philippines.

    The charges stem from conduct that took place here at the Winkler County Memorial Hospital in late April of 2009.

    According to the complaint, Dr. Arafiles retaliated against the two nurses after they called his medical practices into question.

    The facts in the official complaint filed against Arafiles aren't new. They came out in February 2010 when Arafiles took the stand in the trial against nurse, Anne Mitchell.

    But now, the Kermit "good-old boy system" as it's been called by so many is leading to punishment.

    "We made the AG's office aware on some level of what had happened in the case of those nurses", says Texas Medical Board spokeswoman, Leigh Hopper.

    Hopper says that when the TMB gave confidential information to Sheriff Robert Roberts in 2009, they didn't realize it would be misused.

    "We assumed that we were sharing information pertaining to the Sheriff also investigating the Doctor".

    That's what nurses Anne Mitchell and Vickilyn Galle wanted from the beginning - oversight into mistakes and questionable practices by Arafiles.

    Instead they were fired, arrested, indicted and then put on trial.

    The confidence Arafiles displayed when the nurses were on trial 11 months ago was nowhere to be found when we caught up with him this afternoon in Kermit.
    In a brief conversation with Arafiles' close friend, Robert Roberts, at the Winkler County Detention Center this afternoon, the Sheriff told us he believes he'll be arrested next.

    The Attorney General's office would not comment on any future arrests but because of the cooperation between the Doctor, Sheriff, County Attorney, District Attorney and Hospital Administrator in 2009, some are saying that any one of them could be the next official behind bars.
  5. by   cherryames1949
    Thanks for the great news Miss Piggy. What a great Christmas present for the brave nurses who turned him in!
  6. by   curiosity123
    Anyone know if the nurses have been able find employment?
  7. by   diane227
    Those nurses DID NOT have a supportive administrative staff. The CEO of this hospital knew about the problems with this physician but took no action other than terminating the nurses. The administrator needs to pay part of this fine out of his own pocket. And the Sheriff in this town needs to pay his part as well. He was firmly in bed with this physician, taking part in his little "vitamin" scam. No one in this event, except those nurses, gave one damn about the patients he was taking care of.
  8. by   herring_RN
    ex-hospital head takes plea in retaliation case

    kermit, texas-a former west texas hospital administrator accused of retaliating against two whistle-blowing nurses accepted a plea deal monday and could testify in trials for a doctor, sheriff and prosecutor facing similar charges....

    ...wiley, who fired the nurses, pleaded guilty monday to a misdemeanor charge of abuse of official capacity. he was sentenced to 30 days in jail and fined $2,000. as part of the plea deal, wiley agreed to cooperate with the prosecution of the three remaining defendants.

    arafiles, winkler county sheriff robert roberts and county attorney scott tidwell face retaliation and other charges for pursuing cases against vickilyn galle and anne mitchell.

    the case against galle was dropped, and mitchell was exonerated of a felony charge of misuse of official information at a february 2010 trial. both women were in the courtroom monday....

    ...tidwell's attorney, david zavoda, told moore his client should be protected by prosecutorial immunity because he was only doing his job.
    prosecutor david glicker called that argument "shocking."
    "you're not acting like a prosecutor if you do something unlawful," glicker told the judge.
    moore rejected zavoda's argument....

    ...among the nurses' complaints in their unsigned april 2009 letter to the medical board were that arafiles improperly encouraged patients to buy herbal medicines from him and had wanted to use hospital supplies to perform a procedure at a patient's home.

    arafiles, licensed in texas since 1998, has said the nurses' letter to the board was intended to harm him personally.

    the women sued the county and accepted a $750,000 settlement after they were cleared...

  9. by   msn10
    Thanks for the update herring!!!
  10. by   Batman25
    TY for the update. I think about this case often and glad to see it moving forward.
  11. by   NRSKarenRN
    Justice is Served: Texas Physician Pleads Guilty (11/8/11)

    Justice Served - Winkler County Sheriff Found Guilty of Retaliating Against Nurses (6/16/11)

    Winkler County Attorney Scott Tidwell Found Guilty on Six Counts 10/2/2011

    Winkler County Hospital Admin Stan Wiley Pleads Guilty, Jailed 3/21/11

    2012 Whistle-blower nurses see justice in the end

    Where are key figures in the story now?
    Ex-hospital administrator Wiley went back to Lubbock. Ex-doctor Arafiles is tossing pizzas at the Pizza Hut in Kermit. Ex-county attorney Tidwell is appealing his license revocation.

    Nurse Galle retired early, and Mitchell accepted a position working with developmentally disabled people in New Mexico.

    Muentzler, Glickler and Attaway still work for the attorney general's office.
    Glickler is running for judge in the 22nd District Court, covering Caldwell, Comal and Hays counties.
    Last edit by NRSKarenRN on Jan 3, '13
  12. by   FlorenceNtheMachine