Documents from the Department of Health and Human Services Centers for Medicare and Medicaid were released this week regarding the investigation into Memorial Hermann’s liver transplant program and Dr. J. Steve Bynan. According to the 30-page report, Bynan circumvented federal rules to make it unlikely that certain patients would receive a life-saving organ transplant.
Attorney John “JD” Davis, who represents clients who have filed lawsuits as a result of Bynon’s actions said the report, which he first saw Friday, left him shocked. “It just infuriates me,” Davis said.
Bynan changed information in the transplant database without going through a formal review process. He is quoted in the documents as saying he took the “shortcut” to “ensure patients were safely transplanted.” Hospital officials told regulators the surgeon made the changes because his patients were sick, according to the documents.
According to the inspection by the Centers for Medicare and Medicaid Services, patients remained active on the waitlist but were not informed of the changes.
In an interview with the Houston Chronicle on Thursday, John Davis, one of the attorneys representing a family suing Bynon, described the findings in the federal inspection as a “monumental breach of patient trust and safety concerns.”
What Inspectors Found at Memorial Hermann
Regulators reviewed the records of 14 patients in the liver transplant program, 12 of whom were affected by improper changes in the transplant database.
Documents show the surgeon manipulated donor acceptance criteria, referring to the standards used to determine whether a donor organ is suitable for transplant for a particular individual.
For transplant candidates, it’s important to receive organs that match certain characteristics, such as blood type or body size.
In this case, Dr. Bynan changed donor criteria for patients in the database to make the criteria more restrictive, often around the time the patient was hospitalized with an illness or seeking treatment, according to the documents.
For instance, while one patient was hospitalized in November 2023 with sepsis, a life-threatening condition, the surgeon changed the criteria so the patient would only receive an organ offer from a child under 6 years old weighing between 70 and 200 pounds. Months later, according to the documents, the surgeon changed the settings back to a less restrictive criteria. That patient remained active on the waiting list at the time of the April 4 inspection.
For another patient, the surgeon created restrictive donor criteria the same day the patient was hospitalized with active bleeding, only accepting organs from children under 8 years old, according to the documents.
Bynon said he was the only doctor at Memorial Hermann who participated in this practice, but Davis believes this was the result of a larger problem within the hospital.
In speaking with ABC Channel 13, Davis stated, “I can’t even imagine how this was allowed to happen. It’s mind-boggling that Dr. Bynon was able to go in there and change data without anyone from Memorial Hermann noticing.”
Shortcuts Taken to Inactivate Candidates
Arthur Caplan, a professor of bioethics at New York University, said he had never heard of a program using a “shortcut” to inactivate a candidate.
“I have never heard of this strategy as he explained it [in the documents],” Caplan said in an email to the Houston Chronicle, “But it is a form of lying and per se unethical.”
One patient’s criteria was changed 14 times over a two-year period. In another case, a patient’s criteria was changed the same day they were listed.
Regulators ultimately concluded Memorial Hermann failed to follow federal rules and hospital policies for organ donor waitlist management.
Surgeon Admits Fault
According to the documents, the surgeon “admitted it was ‘all his fault,’ and he maybe should have inactivated the patients from the waitlist,”.
The documents portray an environment where Bynan repeatedly acted without consulting the hospital’s medical review board, a group who collectively decides which patients should be added or removed from the transplant wait list. The documents revealed new details about previously reported problems in the hospital’s liver transplant program and raised additional questions about Bynon’s possible motives.
Bynon, who took over the Memorial Hermann liver transplant program in 2011, has been sued by multiple families who allege their loved one died as a result of changes he made to transplant information.
Memorial Hermann’s liver and kidney transplant programs have remained shut down since April while federal officials investigate. In earlier statements, the hospital said the physician made “inappropriate changes” that “effectively inactivated the candidates on the liver transplant waiting list.”
Bynon no longer oversees the transplant program, but Memorial Hermann said he’s still affiliated with the hospital. Additionally, Bynon is still a professor of surgery at UTHealth Houston.
Seeking Justice for Your Loved Ones
At Davis & Davis, we understand the devastation of preventable medical errors. You don’t have to face it alone. With over 70 years of combined experience in medical malpractice cases, we are trial-tested and ready to help you pursue the compensation you deserve. We’re dedicated to holding negligent parties accountable and securing the resources you need.
Our dedicated legal team will support you through every step with compassion and commitment. With a proven track record of advocating for families, we’ll work tirelessly to secure the best possible outcome. Contact us for a free consultation at (888) 522-9444 or visit our contact form to begin your journey toward justice.
Houston Chronicle https://www.houstonchronicle.com/news/investigations/article/report-memorial-hermann-transplant-doctor-admits-19775560.php
