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Medical Board Blocking Care

by M.E. Pellin

February 08, 2007

Fifteen-year-old Kalyn Faggart can feel her world growing dark. It starts with a throbbing pain near the back of her head, the pressure from fluid accumulating in her cranial cavity building and pressing against her sensitive optic nerve with a blinding intensity.

Kalyn's world goes dark one slow frame at a time, the result of a debilitating disease that attacks the central nervous system. Her field of vision narrows as the swelling around her brain becomes more severe, progressively stealing her sight by the hour, day and week.

Kalyn's mother, Denise Faggart, knows that time is precious and that it is running out.

"If left untreated, Kalyn's ophthalmologist says she'll go blind," Denise Faggart said flatly of her daughter's deteriorating condition. "Right now, we're looking at about a four-week window and it's terrifying."

Denise Faggart has been in a race against the clock for nearly a month now, petitioning the N.C. Medical Board to allow her daughter to continue receiving medical care from Dr. Joseph Jemsek, a Charlotte-area infectious disease specialist who is at the center of a national controversy over Lyme disease that nearly cost him his medical license and, advocates contend, has left hundreds of his patients in dire straits.

Patients like Kalyn Faggart.

Three years ago, Kalyn was sideswiped by a mysterious onslaught of ailments - chronic joint pain, crippling headaches, an alarming loss of cognitive abilities and a measured loss of vision.

She had gone from a straight-A student who loved hiking and playing the piano, Denise Faggart said, to a girl who was stumped by simple math problems and was often left bedridden for days.

After months of doctor visits and batteries of exams, Kalyn's pediatric neurologist, Dr. Robert Nahouraii of Mecklenburg Neurological Associates in Charlotte, suggested she get tested for Lyme disease.

The Faggarts went to see Jemsek, who had drawn national acclaim during the late 1980s for his pioneering work in the field of HIV/AIDS. Six years ago, Jemsek began expanding his medical practice to include the treatment of Lyme.

By the time Kalyn was referred to him in 2004, Jemsek had gained a reputation as one of the forerunners of so-called Lyme literate doctors, with patients from across the country seeking him out for treatment.

"We had the best neurologist; we had the best ophthalmologist and we wanted the best infectious disease specialist," Denise Faggart said.

Kalyn tested positive for Lyme and, under Jemsek's care with consultation from Nahouraii and Kalyn's pediatric ophthalmologist, Dr. Sandra Brown of Cabarrus Eye Center, she began a regimen of oral antibiotics.

After more than a year, Kalyn showed only limited progress and her doctors decided to pursue a more rigorous intravenous treatment.

"It wasn't an easy decision to make, but everybody had come to the conclusion it was what would work best," Denise Faggart said.

Everybody, it seemed, had been right. Over the course of the ensuing months, Denise Faggart said, the IV treatments worked wonders.

"Kalyn was Kalyn again," she said. "I know it sounds melodramatic, but it was a miracle."

The miracle turned into a nightmare last summer, she said, when the N.C. Medical Board suspended Jemsek's license to practice medicine for one year.

The board ruled that Jemsek's treatment of Lyme disease using long-term courses of antibiotics fell outside the prevailing standard of care, even though the guidelines on which the standards were based - which advocate antibiotic treatments of no longer than 28 days - are stated to be optional.

The accepted guidelines, which were written by the Infectious Diseases Society of America, state that there is no proven evidence that the bacteria that causes Lyme persists past the first few weeks of treatment.

Additionally, while consent for treatment was obtained from every patient Jemsek treated, the board ruled that Jemsek failed to adequately inform patients that his treatment significantly differed from the accepted norm.

The board immediately "stayed," or lifted, the suspension, allowing Jemsek to continue practicing medicine but with a number of restrictions for a period of one year. One of the restrictions was a prohibition from administering antibiotics for more than 60 consecutive days to treat Lyme patients.

Last September, Kalyn's cycle of IV antibiotics hit the 60-day mark. When the treatment was stopped, Denise Faggart said, Kalyn's symptoms returned with a vengeance.

Mass doses of diuretics to relieve the fluid swelling in her cranial cavity proved futile, as did a combination treatment of other medication. Last month, Kalyn underwent multiple lumbar punctures - painful procedures where a needle is inserted into the spinal cord to drain excess fluid - all without success.

"It's not that we haven't tried every route possible," Denise Faggart said. "It's that nothing else has worked."

Kalyn was put on restrictive bed rest following the failed lumbar punctures; her eyesight gradually diminishing as the pressure on her optic nerve increases and her mother continues to petition the N.C. Medical Board for a waiver of the 60-day treatment restriction placed on Jemsek. Nahouraii and Brown have also both encouraged the Medical Board to allow her treatment under Jemsek to continue.

Last week, Denise Faggart learned that the Medical Board's director and its attorney had initially indicated they want the Faggarts to explore options of seeking treatment from other physicians in North Carolina, or traveling to the northeastern US for care, before considering her request for a waiver to the restrictions placed on Jemsek.

Denise Faggart was devastated.

"It's insanity," she said. "We're begging our own state's Medical Board to allow Kalyn to get healthy. We've already searched for other doctors in and out of North Carolina, and they either deny chronic Lyme disease exists or refuse to help.

"I don't think the Medical Board set out to harm children when they took their action against Dr. Jemsek," Denise Faggart said. "But they are. They're harming my child."

And she's not alone. The parents of another of Jemsek's Lyme patients - 15-year-old David Jacks - are also petitioning the Medical Board to allow Jemsek to continue administrating IV antibiotics to their son. David's two other treating physicians have also written the Medical Board, encouraging the board to allow Jemsek to continue treating David.

"It's been incredibly frustrating," said David's mother, Katie Jacks. "David's in a tremendous amount of pain and the longer this drags out, the worse it gets."

David's medical history is remarkably similar to Kalyn's: Nearly three years ago, he went to bed one night feeling fine and woke up the next morning with chills, a fever and severe body aches.

"We thought it was a bad cold," Katie Jacks said, "but it kept getting worse and it didn't stop."

The Jacks sought treatment from a variety of doctors and David underwent myriad tests, until a psychologist recognized his symptoms as possibly being Lyme-related and recommended Jemsek.

David, similar to Kalyn Faggart, was started on a regimen of oral antibiotics but failed to respond. After nearly a year, the Jacks opted for a more aggressive IV treatment.

The first few weeks, Katie Jacks said, were horrifying. The potent antibiotics were actually making her son physically sicker.

"It's almost like chemotherapy," Katie Jacks said. "The treatment is difficult; it makes you sick while it's making you better."

After the initial sickness that accompanied the first IV cycle passed, David showed remarkable progress. But, like Kalyn, he became progressively worse as he was weaned off the IV. When the treatments resumed, so did his health.

"It's like night and day," Katie Jacks said.

In that respect, it's been a long and dark night since David's IV treatments were halted by the Medical Board's 60-day restriction, Katie Jacks said. Her son has been receiving oral antibiotics from another doctor, but the doses are either too low to prove effective, or too strong for David to keep down.

Over the last six weeks, Katie Jacks said, her son has lost about 10 pounds, the result of a severe digestive disorder; he runs a constant fever, while recurring migraines and swollen joints bring him at times near tears. His eyes, while not immediately in danger of losing sight like Kalyn's, are incredibly sensitive to light. He can't venture outside, even on cloudy days, without wearing two pairs of thickly tinted sunglasses.

"He says it's like living in a constant blur of pain," Katie Jacks said.

When Katie Jacks learned last week that the Medical Board was expressing reservations about granting a waiver for Jemsek to continue treating her son, she was crushed.

"We're at the end of our rope," she said. "We've looked for other doctors, but nobody will deal with it here because they're terrified by what happened to Dr. Jemsek.

"All we want is for our son to be able to be home and get well," Katie Jacks said. "Dr. Jemsek did that for us. He gave us back our son's life."

Other former patients, however, say that Jemsek destroyed theirs, that he's a reckless maverick more concerned with making a fast buck than with delivering quality medical care.

The N.C. Medical Board brought charges against Jemsek based on his treatment of 10 patients. During a two-day hearing last June in Raleigh, the Medical Board's attorneys - who act as prosecutors for cases brought before the 12-member board - argued that Jemsek's treatment violated accepted standards of care, and did more harm than good.

While more than 200 of Jemsek's patients turned out at the hearing to provide support, and hundreds more had sent letters offering the same, several former patients testified before the Medical Board that Jemsek had used them as a "guinea pig," pumping them full of expensive antibiotics for months, sometimes years at a stretch, even if they had not been tested or had not tested positive for Lyme disease.

Heather Jenkins, who went to Jemsek in April 2002 with chronic fatigue and flu-like symptoms, told the Medical Board that Jemsek kept her on daily IV antibiotics for nearly a year-and-a-half, during which time she developed multiple infections around the IV port in her arm. The last infection, she said, put her in a hospital intensive-care unit for five days.

"He almost killed me," Jenkins said of Jemsek.

A blood test showed that she did not have Lyme, although lab testing often proves unreliable in detecting the bacteria that causes the disease.

Joseph Jabkiewicz testified that his wife, Kathy, died after receiving treatment from Jemsek. Jabkiewicz said that Jemsek misdiagnosed his wife with chronic Lyme disease and subjected her to two years of needless antibiotic treatments, despite numerous lab tests that did not present positive for Lyme.

Over the course of her treatments, Jabkiewicz told the Medical Board, his wife became increasingly ill and was hospitalized numerous times.

Jabkiewicz is currently suing Jemsek in civil court. According to the lawsuit, Kathy Jabkiewicz obtained a prescription for morphine from Jemsek to help ease her pain and died after one dose.

Jenkins is also pursuing a lawsuit against Jemsek.

Through his attorney, Jim Cooney of Womble Carlyle Sandridge & Rice, PLLC, Jemsek issued the following statement: "While applicable federal and state law prohibits us from discussing the specifics of any patient care, I can assure you that there is another side to the story."

Jemsek told the Medical Board that his treatment of Lyme patients has evolved with time and that most patients now receive breaks between active, long-term therapy. He said that only the sickest 20 percent of his hundreds of Lyme patients receive IV treatment, and that he has changed some of the language in the consent forms patients sign to emphasize that such treatment differs from the accepted norm.

Ironically, five of the patients who the Medical Board built its case against Jemsek around are still his patients and had written letters in support of Jemsek.

One patient, James Bowes, told the Medical Board that Jemsek had explained the risks of long-term treatment and that those treatments had helped him regain his health.

And in a Charlotte Observer article, one Medical Board member, Dr. Art McCulloch, conceded that long-term antibiotic treatment like Jemsek provides might one day be the norm.

The article, which was published after the board had disciplined Jemsek, reads, "McCulloch, the Charlotte anesthesiologist, said Jemsek's approach could become the standard in five years, but for now patients need to know 'his practice is out of the ordinary.'"

Dr. Beth Jordan, president of the North Carolina Lyme Disease Foundation in Raleigh, said she empathizes with the patients who testified against Jemsek, but maintains they represent only a small handful of the ones he treats, including herself.

Jordan received successful treatment from Jemsek for chronic Lyme disease, she said, after being shuffled for years from doctor to doctor.

"He helped me get my life back," Jordan said. "By the time most of his patients get to him, they've suffered and been desperately ill for years, seen countless specialists and many of them had nearly given up hope for help.

"I'm glad the Medical Board allowed Jemsek to continue practicing," Jordan said. "I think they recognized he's serving the community in a good way."

Katie Jacks agreed, but worries about the fate of her son resting in the hands of the Medical Board.

"I feel that in many ways Dr. Jemsek has gone well beyond the call of duty and literally sacrificed his reputation in the eyes of many to help very ill people like my son," Katie Jacks said.

"I credit Dr. Jemsek with saving my son's life," she said. "But will he be allowed to continue?"

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