City Attorney Misinforms-Improper to Prosecute Local Dr. Erich Garland (Exclusive)

City Attorney Misinforms-Improper to Prosecute Local Dr. Erich Garland (Exclusive)

In May of 2012, the mother of a patient of Dr. Erich Garland’s, a neurologists in Idaho Falls, enlisted the assistance of the Idaho Falls Police after the lawyer representing her daughter’s malpractice case and Dr. Garland made a mockery of the process by producing fraudulent medical records with the intent to intimidate her into dismissing the case, when the police refused to take a report, she asked the Mayor to step in, and the City Attorney of Idaho Falls, Randall Fife, wrote back in a letter dated May 23, 2013., It would be “improper” to Prosecute Dr. Garland.

Robyn Edwards was only 13-years-old when Dr. Erich Garland gave her the drug Zomig to treat numbness she was having in her limbs.  Three days later she had a massive stroke and eight days later was pronounced brain-dead at Primary Children’s Hospital in Salt Lake City, Utah. She is now disabled for life.

After giving the young teen a drug that nearly killed her, Dr. Garland changed her medical records to reflect she had a history of migraine headaches and was bold enough to state they sometimes lasted all day long, when in fact Robyn Edwards never had migraine headaches.

According to Veverly Edwards, Robyn’s mother, she has never had migraine headaches and she has never been seen by her Primary Care Physician for migraines.  Robyn was referred to Dr. Garland for numbness in her limbs.

According to FDA’s website, the contraindications on Zomig state only to be prescribed for patients with a clear diagnosis of migraine headaches.  Robyn had only seen Dr. Garland once.  She was referred for numbness not migraine headaches. She had never had a migraine headache.

The contraindications also warn against giving it to patients who may have underlying cerebrovascular events because of the risk of death.  It states, before treating headaches in patients not previously diagnosed with migraines, exclude other potentially serious neurological conditions.

“Zomig is contraindicated in patients with a history of stroke or transient ischemic attack,” according to the list of contraindications.  It is also not recommended for children under 18.

It appears that the city attorney spoke with many of the officials Robyn’s mother enlisted for help in fighting these individuals who tried to intimidate her with the falsified records, but none would help her. City Attorney Randall Fife said it would be improper to prosecute Dr. Garland under Idaho Code 18-2602.

“18-2602. PREPARING FALSE EVIDENCE. Every person guilty of preparing any false or antedated book, paper, record, instrument in writing, or other matter or thing, with intent to produce it, or allow it to be produced, for any fraudulent or deceitful purpose, as genuine or true, upon any trial, proceeding or inquiry whatever, authorized by law, is guilty of felony.”

Actually on last year, Ms. Edwards attempted to file charges against Dr. Erich Garland, G. Lance Nalder and Breck Barton because they all participated in defrauding Robyn’s case.  She attempted to file under both 2601 and 2602. Statute 2601 refers to intimidating the witness.

Randall Fife, states in his letter, “without going into detail, I reviewed the materials provided and have determined that the Police Department appropriately followed up on the Police Report filed by Ms. Edwards. Based upon the information available to the Police Department, the legal system decided that it did not appear that prosecution of Dr. Garland under Idaho Code 18-2602 would be proper.”

“The Police refused to take a report from me last year and they did not collect any information from me in which I made available to them, it would be interesting to know what information Mr. Fife is not going into detail about,” Ms. Edwards said.

Mr. Fife also mentions in his letter to Mayor Fuhriman, who enlisted his advice on whether to step in, that Ms. Edwards filed a complaint with the Idaho Board of Medicine, but she had not filed that complaint as of the letter he sent to the Mayor on May 23, 2013.  The Board of Medicine received her letter on June 3, 2013 and sent her confirmation of the date it was received. He also stated on the second page, “Apparently, the Idaho State Board of Medicine has not discipline Dr. Garland.”

Now, this information is wrong, but even if it were so, that does not make what Dr. Garland did any less a criminal act and a felony, according to Idaho Statutes.

Mr. Fife also mentions that he contacted the Idaho Attorney General’s office, “they are not pursuing any action against anyone at this time.”

After Ms. Edwards solicited assistance from the Attorney General’s office last year, she received a letter stating that his office did not handle complaints against the police department.  Their job was only to assist the county prosecutor in overflow.  Sounds like more misinformation, or an example of the ‘buddy protection’ system.

It would be interesting to know just who Mr. Fife believes it “proper” to prosecute under Idaho Criminal Statutes, since it would not be proper to prosecute a doctor who almost killed an African-American 13-year-old girl, left her disabled for life, and then made a mockery of the civil court case by providing fraudulent records, which the latter is a felony offense under Idaho Statutes.

“Mr. Fife, who would it be proper to prosecute under the Idaho Statutes?”

In a letter dated June 6, 2013, that Ms. Edwards received about June 23, 2013, based on Mr. Fife’s recommendations Mayor Fuhriman refused to assist with getting a police report taken and investigating  the fraudulent acts committed on the part of Dr. Erich Garland because they believe it would be “improper.”

On May 29, Ms. Edwards emailed the Idaho Falls City Council members to enlist their assistance on getting a police report taken. Councilwoman Sharon Parry, immediately responded copying Ms. Edwards on a letter she sent to Chief McBride, whom Ms. Edwards also spoke with on last year and he too refused to take a police report.  He is now the new chief of police.

Consequently, Captain Cawley of the Investigative Unit has contacted Ms. Edwards and is supposedly working on taking a report but in an email on June 24, 2013, he informed Ms. Edwards that a report had not been filed yet because he needed more information.  She sent the information again (6/25/2013) via email and a fax.

In addition to council members, she wrote three representatives of Idaho Falls. Governor Otter and the Idaho Board of Medicine.

Senator Mortimer responded back and asked had she contacted the state licensing bureau?

“I informed him that I had, but given my recent experience with the Idaho Bar Association, I have very little confidence in any of the organizations supposedly there to handle complaints from citizens. I also told him that they all needed to be exposed.”

“The only way to combat discrimination is to expose it,” she said.

Ms. Edwards also had two reporters to contact her from Idaho Falls.  “One of the young ladies was very optimistic about doing the story. She felt that it was her duty to expose officials in public service if they were not doing their jobs.  I informed her that once they found out she was investigating it they would stop her.  Consequently, I have not heard back from her in a while,” Ms. Edwards said.

Another young lady contacted her from the local news station and then would not return calls or emails.  “She even had her boyfriend to contact me on my blog.  Her assignment editor contacted me and stated that they did not do stories on Malpractice cases.  He told me if the police filed charges they would look into it. I had actually spoken with him on last year, so it was no surprise when she did not return my calls,” said Ms. Edwards

Ms. Edwards also contacted the ACLU and the NAACP.  The ACLU could not help her and suggested she write her state representatives.  She has not heard back from the NAACP.

Since Robyn is now disabled, she contacted Disability Rights of Idaho too.  There was nothing they could do to assist Robyn but suggested she contact the Idaho Medical Board, which she did and is waiting their review.

“My question is, where does the average citizen go when they are attacked and abused by the system that is supposed to protect their constitutional right of equal protection under the law?  What happens when the system is corrupt and the boards and committees that are purportedly in place to handle petitions of wrong doing is equally corrupt?” she said.

Civil recourse laws in the U.S. should protect the patient and family rights not induce more pain and suffering.  When thousands of people are dying and millions are injured in this country due to medical negligence, one would think that this would cause alarm.  The apathy in this area is frightening.

“I am an African-American single mother fighting in an area that is predominantly white and male dominate.  Do I believe that has anything to do with what has transpired and why we have not been able to get assistance in Idaho?  Yes, I do,” Ms. Edwards said.

“I am not the lone wolf, just the only one howling. Many people in Idaho Falls are afraid of the backlash of reporting the injustices in the system there.  I no longer live there.”

In January of 2011, an article appeared in the Post Registered Newspaper, a dentist in Idaho Falls was reported to police and the dental board for abusing patients under anesthesia.  A young girl came forward because she did not want this to happen to anyone else. Instead of the dentist being charged with child endangerment or abuse, he was given a plea bargain and charged with assaulting one of his assistance.

Consequently, he went back to practicing and those that reported him for abusing children, lost their jobs and could not find work in the dental field.  The dentist admitted to having a Dr. Jekyll-Mr. Hyde complex.  Did this matter to these officials and the other dentists in the area? The dentists in the area never stopped referring patients to him.

Those in control in Idaho Falls, who discriminate against minorities there,  attempt to discredit anyone who dares to expose the injustices in that community and suppress information so that it will not get to the masses.

“Although there are many good people in Idaho Falls, the toxic leaders who are a part of a brotherhood of corruption, will never allow the voices of the good people be heard,  like the two reporters who saw the need for this story to be investigated and were then silenced,” Ms. Edwards said.

“I realize that we are all human and subject to error, but when a doctor starts to undermine the patient due to his own negligence, criminal statutes should always apply.  The present civil justice system in relation to medical malpractice laws need to be reformed and I think it should be done at the federal level where it can be seen by the masses so that patients’ rights “everywhere” are protected,” Ms. Edwards said.

It appears that it is difficult to find an official with integrity in Idaho Falls.  City Attorney, Randall Fife, seems to suffer from the same problem Dr. Erich Garland, G. Lance Nalder, and Breck Barton suffered from, tampering with the truth and giving out false information. Let’s not forget the Idaho Bar Association’s Professional Conduct Committee, who allowed Nalder to lie during a recorded hearing and then wrote Ms. Edwards back stating “he had properly performed his duties.”

It appears in Idaho Falls, for certain individuals, it is “proper” to allow them to defraud the courts and plaintiffs that is according to some officials there.  Makes one wonder if they believe it “improper” to prosecute minorities who commit similar criminal acts?

I am Veverly Edwards and I wrote this article.

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