It was no coincidene that after the election on November 4th that on November 5th I received a voicemail from the civil-rights division of the DOJ stating that Civil Rights no longer had my case. They told me to call Mail Referral Unit. I called them up and of course they said they had no idea what was going on.
Yesterday I called up civil rights and this is what they said, http://bit.ly/1zAZxHO Yes you heard that correctly assistant number three verified that after more than six months of speaking with the civil rights section and receiving documents from Senator Greg Ball they may have lost everything. Isn’t this convient ? What will it take for them to properly investigate a psychiatrist who has psychologically tortured me, committed civil rights violations and crimes including medicare fraud ? Keep in mind that all of these documents came straight from Senator Greg Balls office.
Now Dr. Xiaolei Baran of New York Presbyterian Hospital – Westchester Division is rendering care to patients and potentially placing them at risk by over medicating them, psychologically abusing them to the point of torment, committing Medicaid fraud and more. The department of justice knows all of this and is failing to protect more victims. Yes the department of justice is failing to protect more VICTIMS! Perhaps if there were bodies to be counted they would act or if they were of a minority they would act.
I wonder what it will take for the DOJ and the new Acting Attorney General for the Civil Rights Division Vanita Gupta to take action!
I will no longer stay silent about Fordham University. A university when I came out of undergraduate school which was my first choice and my dream school. The same university that crushed those dreams when they listened to someone at New York Presbyterian Hospital about treatment I received and a diagnosis that did not exist. Based upon the information that this hospital had no business giving because they had no consent form from me Fordham forced me to withdraw from my classes and go through their re-entry process that violated the American with disabilities Act and my civil rights.
Not a week out of the hospital and I was called into a meeting with the Associate Director of Field Placement and a Dean. I was told I had to speak with Dean Elderidge. I was told by Dean Elderidge I needed to hand over all of my psychiatric records from the hospital, sign waivers of consent from my providers so anyone in the student life area could speak with them, fill out a community provider form which clearly was discriminatory towards people with mental illness and asked very intimate questions, was told I had to attend a certain amount of sessions with my providers and report back, then meet with the school, provide documentation, if that documentation was not sufficient than I would have to provide more. I then would have to meet with the schools counselors to be cleared for classes. I then would have to sign a contract of some sort.
I explained to the dean that what he was asking violated the ADA laws and my civil rights and I would not be providing any of it. I would only provide what the policy stated on the internet. I did just that. I provided a letter from my psychiatrist stating I was evaluated and ready to attend classes. I was forced after two months of trying to speak with various administrators to hire a lawyer to defend my civil rights because the school which now claims they have always helped students with mental illness http://www.fordham.edu/Campus_Resources/eNewsroom/topstories_3348.asp was violating my civil rights and ADA laws.
I spoke with another student who told me via text ” Emily just do what they want they will pay for your next semester. They refunded me 8,000.00 because I did what they wanted. ” Because I didn’t do what they wanted and they forced me out of school, a student with almost a 3.5 GPA in a Masters of Social Work program, I got a 3,000.00 bill. They charged me for the classes they forced me out of. So a student that lets them violate her civil rights and ADA Laws they give back 8,000.00 and pay for her next semester. Someone who stands up to them they send a 3,000.00 bill too.
The office of civil rights, department of education has made a determination but has not released it as of yet. Im still wondering why. The determination was made back in August and has been sitting with the director of the office of civil rights since then. What amazes me most is that a college who previously violated a students civil rights because he had a mental illness and was sanctioned for it and did not follow the directive of OCR http://bit.ly/11t5nfu was just allowed to do it to me without any sanctions up front.
This school has ruined my life along with New York Presbyterian Hospital. They should not be saying that they help students with mental illness and decrease stigma. It’s a lie and I am a testament of that. There are so many more countless victims of what I was and I intend to speak for them at the end of all of this.
Sunday, November 9, 2014
Dear Ms. Manners:
I must say that I am appalled at New York Presbytarian Hospital’s decision to keep Dr. Xiaolei Baran on your staff after the proven, serious, human rights violations she willfully committed against a one time client, Ms. Emily Elizabeth Pierce. The violations occurred in 2012 and included the following:
Inappropriate seclusion for perceived disrespect toward staff , when that was not the case and inclusion with peers would have helped Ms. Pierce’s depressive mood; also using her suicide attempt as an excuse to consider her a “danger”. She could have been closely watched even with a roommate in her room and unit privileges, as she was in a highly supervised locked inpatient facility.
Forcing Ms. Pierce on an antipsychotic which she did not need and which — as she warned staff — would make her suicidal
Failing to listen to the concerns of Ms. Pierce, which were not about psychosis but about her depression. She does identify as someone with long-term depression and was responsibly seeking help for said condition while looking to continue graduate studies at Fordham University.
Dr. Baran’s lies about Ms. Pierce’s problems and conduct on your inpatient ward, as proven by inconsistencies between hospital records and the court transcript between Dr. Baran, Ms. Pierce and the judge.
Taking her to court inappropriately because she refused to have ECT — a somewhat barbaric, archaic and high risk procedure which was unnecessary in Ms. Pierce’s case.
Threatening to have Ms. Pierce committed if she did not listen to Dr. Baran’s orders — clearly an inappropriate power trip on Dr. Baran’s part, toxic to her constituent’s well-being
Dr. Baran’s part in releasing Ms. Pierce’s health records to Fordham University without Ms. Pierce’s written consent; CLEARLY a HIPPA violation. For this federal law violation alone, Dr. Baran should have been fired without opportunity for rehire; further, her health”care” career should have ended there! This is especially true when the document leak caused
Ms. Pierce to unfairly be suspended from school — something which certainly made her depression worse.
Please ask yourself if your hospital — especially as a stated faith based organization — truly exists to help patients or to use patients to further its own ends. Please remember the reason why your hospital exists: its patients and their needs to continue functioning in a society which needs them.
Liza Faith Casey
Graduate Student, Social Entrepreneurshi
Like our Facebook page Justice 4 Emily Elizabeth Pierce -https://www.facebook.com/groups/301826920022962/
Go to New York Presbyterian Hospital Facebook Page and leave a comment about my case -https://www.facebook.com/newyorkpresbyterian
Call the Department of Justice and tell them how you feel about my case and their lack of commitment to investigating it.
Department of Justice # – 202-514- 4224 ( please mention I live in South Salem, NY to ensure that you are referring to the correct case. )
Call New York Presbyterian Hospital – Westchester Division and express how you feel about my case and ask why Dr. Xiaolei Baran has not been suspended or fired ?
914- 682 – 9100
Email the department of justice special litigation and ask the above questions also Special.Litigation@usdoj.gov
Lastly, Please share my story , Facebook page get the word out there into the public. I can’t help others without your help. All along this has not just been about me, but about those people who can not advocate for themselves.
Yesterday while I was at work I had a mother and her daughter come in. The daughter was looking for a leather jacket and was so excited for it and her mother was really happy to buy it for her. As I was helping them decide on what size to buy and conversating with the mother the daughter came over and said, can I have this as a hanukah and christmas present?, it’s all I want. Her mom said, this is a staple piece and I want to buy it for you don’t worry about what it’s for. I noticed her daughter was very nervous biting her nails. As I began ringing her mom up for the jacket I learned why her daughter was so nervous. Her mom recently went through a horrible divorce with her husband of 28 years. He cheated on her and left her with nothing. She told me that he has a lot of money but doesn’t care about her and wants see her rot. Her daughter worries about her and doesn’t want her spending a lot of money thus feels guilty when she does. As she was telling me this tears came to my eyes. I quickly thought about my own family and how it’s the complete opposite. My little sisters are spoiled and my mother tries to buy there love by buying them things and when I used to have contact with them and saw this it killed me, because my sisters would turn around and treat my mother horribly. I know my mother was dying inside. Anyway, I asked my manager if a coupon we had could be applied to the leather jacket and after verfying that it could be, I told the mother that because she was such a valued customer she was recieving 50% off the jacket. The daughter looked so relieved and the mother did too! She went over and gave her daughter such a big kiss and bought more stuff!
I guess for me it also hit home because I know what betrayal feels like. I know how it feels to trust someone and have that thrown in your face. It hurts more than anything. I feel that if I could do something in the moment to take away that pain and I am allowed to than why not, because GOD knows that sometimes I wish that someone would or could do it for me even if it would last for a second when I am feeling it.
This letter was faxed to the Chief of the Office of Civil Rights – Special Litigation after I continiously tried to speak with the DOJ civil rights customer service and the supervisor over a period of months. This psychiatrist is still practicing medicine and is putting the lives of patients in jepodary. There were medical documents, court hearing transcripts and more sent by Senator Greg Ball and myself in December of 2013 and January of 2014. Apparently, the lives of people with mental illness are not as important as the Ferguson Case and other high profile cases. When a patient of doctor Baran’s ( God Forbid ) dies or becomes seriously ill due to her negligence and serious medical misconduct this is when you will see the Dept of Justice act. It’s not enough that I was tortured, falsely imprisioned, had my HIPPA Protections violated and she perjured her self along with more violations of the law for the DOJ to ACT.
DOJ complaint letter-2 < Click here to read the letter to the Chief of Special Litigation – Office of Civil Rights
Letter to Senator Ball From Psychologist < Click here to read the letter my psychologist wrote to Senator Greg Ball
Shortly, after I was discharged from New York Presbyterian Hospital in February of 2013 I began seeing Dr. Mark Philip. ( Phd) After having gone through such a horrific experience in NYPH I was reluctant to trust another doctor, but I was hopeless, more depressed and fearful that if I didn’t get any help I would become just another suicide statistic because of the trauma that had been done to me inside the walls of that hospital.
I can’t say enough good things about the professionalism of Dr. Philip, how the use of talk therapy and learning breathing techniques to control my anxiety amongst other useful things I have learned throughout our sessions together have gotten me through one of the, if not the toughest times in my life.
Dr. Baran of New York Presbyterian Hospital – Westchester Division made me out to be a monster and changed my diagnosis in order to get a court order. It’s not much different from what Representative Tim Murphy is presenting to the public by stating people with serious mental illness need forced treatment and assisted out patient treatment, without it they are a danger to themselves or others. Then Representative Tim Murphy goes on to grossly misrepresent people with serious mental illness in cases like The Newtown Shooting, Elliot Rodgers or The Navy Yard. In a op-ed where Leah Harris the Director of the National Coalition for Mental Health Recovery was speaking about peer to peer supports and people with mental illness recieving help in community housing, Representative Tim Murphy felt intimidated and backfired at her in another op-ed in the same paper stating that people with mental illness belong in state hospitals and inpatient psychiatric wards. Representative Murphy goes on to state that it is inhumane to deny people with serious mental illness treatment. No it’s inhumane to recieve treatment that is not neccessary and have it forced upon you and then have to fight a mental health system that is setup to have it’s clients giveup on complaing about the very providers that provide this inhumane treatment. My case is not isolated and happens a lot, the issues is that I have withstanded the pressures of the system at all costs and not many are able to do so. **** Name of my psychologist has been changed and was made up to protect his identity ****
Letter to Senator Ball From Psychologist – Link to letter -