Update in Rebecca Charles v. Northwell Health et al: 44 Defendants Have Been Served.
First of all, I’d like to thank everyone for your contributions to Rebecca’s Give Send Go- Justice for Danielle Legal Fund. As of the time of writing, Rebecca has raised $4,150 of her goal of $300,000.
I have an important announcement to share. On Friday April 19, the 44 Defendants sued for the malpractice resulting in the death of Danielle Alvarez were served a summons by a professional process server informing the Defendants that they were being sued by Rebecca Charles.
Although some process servers refused to serve the papers for Rebecca because she was not an attorney, Rebecca was able to find a process server who was willing to serve the papers to the Defendants at an affordable price- a fee which your donations were sufficient to cover.
Rebecca does not like asking for money, but the upcoming legal battle with Northwell may get expensive. Before filing her lawsuit pro se, she contacted around 50 attorneys, all who refused to accept her case without a large upfront payment. She would still like to find a qualified attorney to represent her.
There is another major aspect of Danielle’s case that Rebecca has given me permission to report here. Rebecca would have been able to pay an attorney to take Danielle’s case if the New York City Department of Social Services had not put a lien on the Danielle Alvarez Supplemental Needs Trust Fund, of which Rebecca is a Trustee, along with Midland Trust Company.
Danielle Alvarez would have been born in perfect health, were it not for the negligence of Long Island Jewish Medical Center during her birth. Danielle’s health was permanently damaged during delivery. Long Island Jewish Center is now a part of Northwell Health.
Rebecca received a structured settlement from Long Island Jewish Medical Center due to the injuries she suffered during birth. A large amount of money still remains in Danielle’s trust fund.
After 40 days of knowingly, internationally, and willfully killing Danielle by overuse of a ventilator and high risk drugs, on October 6, 2021, staff at Glen Cove Hospital of Northwell Health, adminstered multiple drugs and Danielle went into shock and cardiac arrest and finally passed.
On October 22, 2021, the New York City Department of Social Services placed a lein on this trust fund for a Medicaid bill that was greater than the amount of money remaining in the trust fund. Medicaid has not provided an itemized bill for the amount they claim is owed in excess of $400,000. Some expenses related to Danielle over the years went to speech therapy.
Rebecca is a Trustee of Danielle’s trust fund. The terms of the Trust explicity grant the Trustee the power “to make any payment, receive any money, take any action or to make, execute, deliver or receive any contract, deed, instrument, or other document which is advisable to execute any of the foregoing powers or to carry into effect any provision contained herein,” and that “the Trustees may determine in their absolute discretion to be advisable, without any authorization by any court; and the exercise of all such powers, authorities and discretions shall be binding upon, and conclusive against, all persons who are interested in, or who claim an interest in, this Trust.”
Rebecca, as Trustee of the trust fund and the Executor of Danielle’s Estate, has determined that the funds in Danielle’s trust should be used to pursue legal justice for her homicide. Despite this, Rebecca is not presently allowed to use the money in Danielle’s trust for her legal efforts. Midland Trust is in charge. If allowed to use the money for Justice for Danielle, Rebecca intends to pay any legitimate claims owed by the trust from the proceeds of her lawsuit. Rebecca is not in this for the money, however, and wants Danielle’s case to be heard by a Jury.
Any pro bono legal advice on how to free the Trust Fund to pursue legal justice on Danielle’s behalf will be appreciated. In lieu of that, please again consider a donation to Give Send Go- Justice for Danielle Legal Fund.
Please share the Give Send Go on your social media accounts.
Rebecca has provided the documents below and has given me permission to publish them.
REFERENCES
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Great article that shows not only the wicked hand of a murderous hospital but the swift-acting Medicare greedy hand that couldn't help but help itself!
What about suing the law office that created this Trust? And Rebecca absolutely needs a "torts and contracts" lawyer to help reverse the State lien on the trust.
And I am sure sorry that the mire seems so thick. Herein lies the trap of Medicare: your medical care is "free" until you die. And then Medicare can take your assets (bank accounts, house) to pay themselves back!
Thank you, Charles, for taking the time to write this article. You have been one of my most steadfast supporters in seeking justice for Danielle from the very start.
As time is of the essence, they have 20 days to respond to the complaint. I am fervently praying that the right individual or group will step forward to assist me.