Hospitals & Asylums 

 

Welcome

Atlas

Litigation

Legislation

Statute

 

Octomom Welfare Excuse HA-15-1-14

 

By Anthony J. Sanders

sanderstony@live.com

 

Nadya Suleman, 38, the woman who gave birth to octuplets in January 2009, has been charged with welfare fraud, allegedly receiving nearly $30,000 from video and personal appearances while on public assistance.  She faces two counts of perjury by false application for aid and one count of aid by misrepresentation.  If convicted she faces a sentence of up to five years and eight months, bail is set at $25,000.  Suleman, who has a total of 14 children, filed for public assistance in Lancaster, California, in January 2013.  She is alleged to have failed to disclose in applications and quarterly reports that she was paid for personal appearances and residual fees for videos during the first six months of last year.  Suleman is accused of receiving $9,814 in CalFresh aid, the food aid program known elsewhere as the federal Supplemental Nutrition Assistance Program (SNAP), without disclosing her income.  She is also accused of receiving $6,667 in aid she was not entitled to from CalWORKS, the welfare program that provides cash aid and services to eligible needy California families.  The discrimination against women that gave rise to this persecution involves the impromptu SNAP cuts to spite the spying complaints of the German Chancellor and Brazilian President, both females with more legitimate agricultural regulation than Washington.  The primary argument of concern to Los Angeles County district attorney in this welfare fraud, is that the family size limits on food stamps and other welfare programs, which the prosecutors are exploiting, amount to prevention of births within the populace a crime of genocide, and they have proposed methods of punishment which threaten to destroy the Suleman family, forcible transfer of children, in violations in both federal genocide statute 18USC(50A)§1091(a)(4-6) and Art. 2(c-e) of the Convention on the Convention on the Prevention and Punishment of the Crime of Genocide of 9 December 1948.  The Accusation of Michael Kamrava M.D. by the California Medical Board dated 22 December 2009 neglects to compensate, or even name, the happy mother, while revoking the license of the physician whose harmless medical error caused this victimless bundle of joy, wherefore welfare of $50,000 annual value and schooling supportive of such rights is due the Suleman family until the single mother is gainfully employed.  Due process calls upon the LA DA to require Kamrava's lapsed medical malpractice policy to pay the state $250,000 towards 15 lifetimes of welfare.

 

Cases

Johnston, Barbara. Accusation of Michael Kamrava M.D. California Medical Board. 22 December 2009

Statute

Child Abuse Prevention and Treatment Act 42USC§5101

Family and Medical Leave Act of February 5, 1993 (PL-303-3)

First Amendment Privacy Protection under 42USC(21A)§2000aa

General Education Provisions Act 20USC§1232g

Genocide 18USC(50A)§1091(a)(4-6)

Restrictions on Former Officers, Employees and Elected Officials of the Executive and Legislative Branches 18USC§207

Treaties

Convention on the Convention on the Prevention and Punishment of the Crime of Genocide of 9 December 1948

Holidays with Pay Convention (Convention 132) of 1970

Maternity Protection (Convention 183) of 2000

Workers with Family Responsibilities (Convention 156) of 1981

Literature

 

Beckman, Charles R.B. et al. Obstetrics and Gynecology. Fourth Edition. Neil Marquardt ed. Lippincott, Williams & Wilkins. Baltimore, MD. 2002

 

Public Citizen’s. National Practitioner Data Bank Public Use File for the years 1990 to 2005 January 2007  

 

Sanders, Tony J. Human subject graduation. Hospitals & Asylums HA-13-1-14

 

Sanders, Tony J. Medicine. Gastroenterology. Hospitals & Asylums HA-5-12-14

 

Welch, William M.  Octomom Charged with Welfare Fraud. USA Today. January 13, 2014

 

Nadya Suleman, 38, the woman who gave birth to octuplets in January 2009, has been charged with welfare fraud, allegedly receiving nearly $30,000 from video and personal appearances while on public assistance.  Los Angeles District Attorney Jackie Lacy filed the charges Jan. 6.  The felony complaint was released on Monday Jan. 13.  The district attorney's office said, Suleman, has not been taken into custody but has been ordered to appear for arraignment in court on Friday Jan. 17.  She faces two counts of perjury by false application for aid and one count of aid by misrepresentation.  If convicted she faces a sentence of up to five years and eight months, bail is set at $25,000.  Suleman, who has a total of 14 children, filed for public assistance in Lancaster, California, in January 2013.  She is alleged to have failed to disclose in applications and quarterly reports that she was paid for personal appearances and residual fees for videos during the first six months of last year.  Suleman is accused of receiving $9,814 in CalFresh aid, the food aid program known elsewhere as the federal Supplemental Nutrition Assistance Program (SNAP), without disclosing her income.  She is also accused of receiving $6,667 in aid she was not entitled to from CalWORKS, the welfare program that provides cash aid and services to eligible needy California families. 

 

Suleman, from Orange County, gave birth to octuplets in January 2009.  She already has six other children, also born as a result of in-vitro fertilization.  Her birth of eight babies at one time stirred debate over fertilization procedures and prompted a state medical board investigation into her fertility doctor.  She appeared solo in an adult film released in 2012 and posed semi-nude for a British magazine.  She filed for personal bankruptcy in 2012.  She also made appearances as a topless danger at a South Florida strip club.  In a call to "TMZ" live last year Suleman said she needs money to feed her 14 children, and there's nothing wrong with showing off her body for $10,000.  She said, "I'm not ashamed of doing it…I fellas though no woman or man should be ashamed of their body".  An account on Twitter that purports to be Suleman's has not been updated since last September.  In the account profile, she describes herself as; "Model/mom and Model Mom".  Her octuplets are the world's longest surviving set and turn 5 this month.  They were born nine weeks premature, and one required nearly three months hospitalization after birth, but all are apparently healthy according to public accounts.  Her other children range in age from 7 to 12 (Welch '14).  Maybe Suleman is ready for a $50,000-$100,000 a year job now that public school provides all her children with daycare.  Her defense/claim for welfare relief relies primarily on the claim that her large number of mouths to feed, clothe and house and thus welfare expenses, are "due to circumstances beyond her control".  Other porn stars I know have been similarly persecuted with un-redressed mob violence, whittling away at their human rights, until the blameless victim is prosecuted for crimes committed by the violent mob.  Judgment of pornography is particularly severe in schools where a junior high school Vice-Principal of mine lost her job for having once appeared in Playboy the decade before.  Other women teachers retire early to flaunt their breasts.  The prudishness of well-paid K-12 educators must not be transferred upon the parents of students matriculating into their school.    

 

Suleman's extraordinary fertility is as unnatural as Michael Jackson's skin color and everyone at the free food pantry is concerned for her child welfare.  At $5 to $10 a day per child the monthly food bill can be estimated to cost between $1,500 to $3,000 a month and weigh about 1,000 pounds at one kilogram a day per adult - 420 kg.  Bunk-bed space for 14 prepubescent children in Southern California probably costs another $1,500-$3,000 and a $10,000 mansion appeals to her adult voyeurs.  I estimate that a household of Suleman's size should receive at least $50,000 a year before being taxed or garnished.  What seems to have happened is that her 8 medical marvels reached age 5 and were entrapped by public kindergarten. Section 444(b) of the General Education Provisions Act (20USC§1232g(b)), commonly known as the ``Family Educational Rights and Privacy Act of 1974 was amended by Uninterrupted Scholars Act (USA) of January 14, 2013 so that education records, or the personally identifiable information contained in such records, of the student will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the student's education needs and authorized by such agency or organization to receive such disclosure and such disclosure is consistent with the State or tribal laws applicable to protecting the confidentiality of a student's education records…except when a parent is a party to a court proceeding involving child abuse and neglect (as defined in section 3 of the Child Abuse Prevention and Treatment Act (42USC§5101)) or dependency matters.  Freedom of the press makes money, this case of welfare fraud sounds like Los Angeles County schools routinely turn their matriculating families in to the prosecutor, although the incarceration of Michael Jackson's cardiologist does not do their child molestation charges Human subject graduation HA-13-1-14.  Like Jahi McMath, now a vegetable, at the moment her hemorrhaging first could not be controlled with vitamin K, a school is needed that supports her right to life, liberty, linen and family.

 

The discrimination against women that gave rise to this persecution involves the impromptu SNAP cuts to spite the spying complaints of the German Chancellor and Brazilian President, both females with more legitimate agricultural regulation than Washington.  Forgive me if I quit SNAP completely, the month before, to comply with the $3,000 asset limit and get rich squatting, not to camp in Southern California, after a year of charitable giving to stay poor and help support two California welfare fraud victims living on $666 a mo.  The SNAP agents just liked to harp on my $666 mo. DI, contagious in California, without any big bills, to cut my SNAP benefits in half, better luck next entrapment attempt.  While I may not have 14 children to feed I run twenty miles a day and malnourished people, breaking their children's bones and laws, everywhere, tell me, I eat a lot.  SNAP and SSI poverty guidelines presume the government can be safely reported to and efficiently worked with, when in a heavily armed reality they are struggling so hard to digitally file forms they can't read without perpetrating acts of violence.  The University of California is an insane asylum for federal torturers and the President thereof, due to the federal grants she receives in behalf of the University of California, appears to be in heavily armed violation of the restrictions on retirees under 18USC(11)§207 subsequent to a federal career rife with Fraud and related activity in connection with identification documents, authentication features, and information under 18USC(47)§1028, and must be recused.  There are now probably as many undocumented aliens as there were naturalized U.S. citizens 15.5 million, in 2006. The meaning of the UN Privacy Treaty being drafted by constitutionless European peons as a statement of our digitally burgling times is typically well-received by American police as First Amendment Privacy Protection under 42USC(21A)§2000aa.

 

The Suleman family requires a lawyer who supports their claim for relief.  The primary argument of concern to Los Angeles County district attorney in this welfare fraud, is that the family size limits on food stamps and other welfare programs, which the prosecutors are exploiting, amount to prevention of births within the populace a crime of genocide, and they have proposed methods of punishment which threaten to destroy the Suleman family, forcible transfer of children, in violations in both federal genocide statute 18USC(50A)§1091(a)(4-6) and under Art. 2(c-e) of the Convention on the Convention on the Prevention and Punishment of the Crime of Genocide of 9 December 1948.  Due process to prevent the crime of genocide from occurring in this case of cruel and unusual punishment or treatment is that the federal regulations are overruled on a human rights case by human rights case basis under the Draft Treaty of State Responsibility of Internationally Wrongful Acts of 2001 and Eighth Amendment to the United States Constitution which states, "excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicts".  Genocide is a serious crime.  The allusion to children's services in the crime does not instantly make sense. After one lawsuit however I am sure you will agree children's services are the terrorists who perpetrated the 9-11 suicide attacks.  Genocide at 18USC(50A)§1091 states: a) Basic Offense.— Whoever, whether in time of peace or in time of war and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such—(1) kills members of that group; (2) causes serious bodily injury to members of that group; (3) causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques; (4) subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part; (5) imposes measures intended to prevent births within the group; or 6) transfers by force children of the group to another group; shall be punished as provided in subsection (b).(b) Punishment for Basic Offense.— The punishment for an offense under subsection (a) is—(1) in the case of an offense under subsection (a)(1), where death results, by death or imprisonment for life and a fine of not more than $1,000,000, or both; and (2) a fine of not more than $1,000,000 or imprisonment for not more than twenty years, or both, in any other case. (c) Incitement Offense.— Whoever directly and publicly incites another to violate subsection (a) shall be fined not more than $500,000 or imprisoned not more than five years, or both. (d) Attempt and Conspiracy.— Any person who attempts or conspires to commit an offense under this section shall be punished in the same manner as a person who completes the offense.

 

Is the Los Angeles District Attorney the daddy?  Incarcerating their murder victim Michael Jackson's cardiologist and threatening Octomom with incarceration for welfare fraud in furtherance of a pattern of widespread armed robbery of benefits in California, does not seem to possess the  diplomacy needed to get medical malpractice insurance to pay child support for their miraculous fertility treatment, which they administered to a welfare mom after she was beyond the limits of U.S. and California customary limits on family size for welfare, before she had octuplets.  There has been a dramatic decline in the payment of medical malpractice claims in recent years.  Public Citizen’s analysis of malpractice payments as reported in the National Practitioner Data Bank Public Use File for the years 1990 to 2005 of January 2007 reports that medical malpractice payments were at or near record lows in 2008.  The decline almost certainly indicates that a lower percentage of injured patients received compensation, not that health safety has improved.  Medical malpractice is so common, and litigation over it so rare, that between three and seven Americans die from proven medical errors for every-one who receives a payment for any malpractice claim.  Most victims of medical malpractice quietly find another doctor or lose faith in the health and justice system entirely; leaving malpracticing doctors and defective procedures in place for decades. The medical malpractice liability and insurance system needs to be improved, to better protect witnesses against retaliation, to better protect society against the very real and present danger of medical malpractice and to increase the utilization of State Medical Disciplinary Boards rather than Courts.  The Accusation of Michael Kamrava M.D. by the California Medical Board dated 22 December 2009 neglects to compensate, or even name, the happy mother, while revoking the license of the physician whose harmless medical error caused this victimless bundle of joy.

 

For the third straight year, 2008 saw the lowest number of medical malpractice payments since the federal government's National Practitioner Data Bank began tracking such data in 1990. The 11,037 malpractice payments made in 2008 were 30.7 percent lower than the average number of payments recorded by the NPDB in all previous years.  The number of malpractice payments declined 15.4 percent between 1991 and 2005.  Adjusted for inflation, the average annual payment for verdicts declined 8 percent between 1991 and 2005. Payments for million-dollar verdicts were less than 3 percent of all payments in 2005. The number of payments per 100,000 people in the U.S. also fell since 2001 – from 5.82 to 4.73 – a decline of 18.6 percent. Since 1991, the number of payments per 100,000 people declined more than 10 percent.  The average payment for a medical malpractice verdict in 1991 was $284,896.  In 2005, the average was $461,524.  Adjusting for inflation, however, shows that the average is actually declining.  The 2005 average adjusted for inflation is only $260,890 — a decline of 8 percent since 1991.  The values of payments made to injured patients correspond appropriately to the degree of harm suffered by the victims.   Victims with a “minor permanent injury” receive 55 percent less than those suffering a “significant permanent injury.”  The highest payments go to the families of victims who died as a result of medical malpractice and most of all to people who suffer quadripalegic paralysis or brain injury necessitating a life of care.  In 1991, 9.7 percent of all payments were for obstetrics cases; in 2005, the figure decreased to 9.0 percent.  Surgical cases accounted for 26.0 percent of payments in 1991, and 26.2 percent of payments last year.  Lawyers and doctors are deadbeats  must not be authorized to prosecute or otherwise plagiarize unlawfully intercepted information in furtherance of non-support.  The actual consumer complaints, medical research and findings pertaining to the safety, effectiveness, side effects and complications of medicine are submitted to the Food and Drug Administration (FDA) where they are processed scientifically without consideration for renumeration.  Welfare is a more reliable settlement.     

 

In 1996, Suleman married Marco Gutierrez. They separated in 2000. Gutierrez filed for divorce in November 2006, which was finalized in January 2008. Gutierrez explained their divorce was due to failed attempts to have children. Suleman was desperate and wanted to try in-vitro fertilization, but Gutierrez disliked the idea of "test tube babies" and refused to take part in the procedure. Gutierrez said he is not the father of any of Suleman's children and that he wishes his ex-wife the best.  Suleman began IVF treatments in 1997, when she was 21 years old, under the supervision of Dr. Michael Kamrava, who was later (October 2009) expelled from the American Society for Reproductive Medicine.  In 2001, Suleman gave birth to her first child, a son named Elijah. After her first daughter, Amerah, was born in 2002, she received additional IVF treatments, which resulted in three additional consecutive pregnancies (including one set of fraternal twins) and a total of six children (four sons, two daughters).In 2008, Suleman stated she had six embryos left over from her previous IVF treatments. She explained at the time that she requested that all of the remaining embryos be transferred into her uterus at one time, despite the norm for a woman her age being two or three transferred at the most. Suleman states that part of her reasoning for attempting a sixth pregnancy was so that the frozen embryos would not be destroyed. Dr. Kamrava stated recently that she insisted on all 'fresh' cycles, and in fact that she still has embryos stored with Dr. Kamrava. In June 2011, during a California Medical Board investigation, it was found that Kamrava had transferred twelve embryos, which the board found to be an "extreme" departure from standard of care. After reviewing Suleman's case, in combination with three other cases, the Medical Board of California voted to revoke Kamrava's medical license, effective July 1, 2011. News of the octuplets caused an international media sensation. Public response was largely negative, including death threats. There has been much public discussion about Suleman's decision to have the octuplets, including a minor protest outside the Suleman home. Many expressed concern that Suleman's decision for more children would burden taxpayers via public support.  Suleman claims to be able to independently support her children, saying that she is planning to return to school to complete her master's degree in counseling, but records show that Suleman is currently unemployed after having received disability between 2002 and 2008 as payment for a back injury suffered during a riot in September 1999.  It is a shame that Dr. Kamrava lost his license to a victimless crime he was not allowed to honor with medical malpractice insurance support payments.  This inability of the doctor to pay compensation to the victim for medical errors due to excessive punishment is a common theme in my claims for relief from medical malpractice.  It may however be possible for the Los Angeles District Attorney to fine the lapsed medical malpractice policy for non-support in exchange for 15 lifetimes of welfare benefits in their times of need, $250,000 might be fair, for California to provide $50,000 in benefits a year until this hard working and healthy mom finds a better paying job. 

 

Infertility affects `5% of reproductive age couples in the United States.  Infertility is defined as a couple's failure to conceive following 1 year of unprotected sexual intercourse.  Reproductive years are defined as ages 15 to 44 years.  Women over 45 have a 1 in 20 chance of a Down's syndrome child, younger mothers have a 1 in 666 chance.  Formerly there was little hope for the infertile couple; today 85% of couples can expect to have a child with appropriate diagnosis and treatment of "infertility".   Infertility can be reduced to three generic causes that account for 90% of reproductive dysfunction: (1) anovulation (30%), (2) anatomic defects of the female genital tract (30%), and (3) abnormal spermatogenesis (40%).   If spermatogenesis cannot be improve, couples may choose to use artificial insemination using donor sperm (AID).  Couples may also choose one of the assisted reproductive technologies such as gamete intrafollopian tube transfer (GIFT)  zygote intrafallopian tube transfer (ZIFT) or in vitro fertilization (IVF) to facilitate fertilization using the infertile partner's sperm.  Pregnancy from IVF in properly selected couples is 18% to 22% per cycle.  For GIFT and ZIFT pregnancy is approximately 22% to 28% per cycle.  The probability of pregnancy in a healthy couple is about 18% to 20% per cycle. Sterilization is the leading contraceptive method for couples when the wife is older than 30 years and those who have been married more than 10 years.  Surgical methods of sterilization prevent the union of sperm and egg, either by preventing the passage of sperm into the ejaculate (vasectomy) or by permanently occluding the fallopian tube (tubal ligation).   Despite careful counseling regarding the permanent nature of the procedures, the operative risks and the change of pregnancy (less than 1%), approximately 1% of patients undergoing sterilization subsequently request reversal of the procedure.  Successful reversal occurs in only 40% to 60% of cases.  About one third of all surgical sterilization procedures are performed on men.  Vasectomy takes 15 to 20 minutes and consists of mobilizing the vas through a small incision in the scrotum, excision of a short segment of vas, and sealing the ends of the vas with suture, cautery, or clips.  Postoperative complications include bleeding, hematomas and local skin infections in less than 3%.  Postoperative azoospermia should be confirmed by semen analysis.  The oldest methods of female sterilization used laparotomy.  Permanent obstruction or interruption of the fallopian tubes may be accomplished by excision of all or part of the fallopian tube or the use of clips, rings or cautery.  The most common method of tubal interruption done by laparotomy is the Pomeroy tubal ligation.  Vaginal hysterectomy was once a preferred means of permanent sterilization.  Today the morbidity of this procedure is thought to outweigh the benefits.  The overall fatality rate attributable to sterilization is about 1.5 per 100,000 procedures, significantly lower than that for childbearing in the United States, estimated at about 10 per 100,000 births.  Reversal of tubal ligation by microsurgical techniques is most successful when minimal damage is done to the smallest length of fallopian tube (e.g. Hulka clip, Falope ring) rate rage from 50% to 75% or 25% to 50%  (Beckman et al '02: 495, 502-505, 343-353)(Sanders '13: Gastroenterology 237-239).  Forced sterilization of mentally ill people was a fundamental aspect of eugenic laws which were repealed after World War II and forced sterilization is no longer allowed.  Suleman might like apologize for this burdensome litigation with tubal ligation and is certainly not in the market for more children at this time.  She seems to be as in control of her libido as the Virgin Mary and it would not be legal to force her to be sterilized unless perhaps she conceived of another child in contempt of court.  On the other hand of the Virgin Mary it should not be legal for women to file for divorce, or practice any profession, or file for welfare, with the same last name as their ex-spouse, whom they have divorced, they must use their maiden name, remarry or invent an undisputed legal name.

 

In 2006 there were 4,265,996 births out of nearly 6.6 million pregnancies, a 3 percent increase from the year before, the largest single-year increase since 1989 and the highest total number of births since 1961, near the end of the baby boom.  For the first time in 35 years, the U.S. fertility rate has climbed high enough to sustain a stable population, solidifying the nation's unique status among industrialized countries as a growth state.  The 2006 fertility rate of 2.1 children is the highest level since 1971. The overall fertility rate increased 2 percent between 2005 and 2006, nudging the average number of babies being born to each woman to 2.1. That marks the first time since 1971 that the rate has reached a crucial benchmark of population growth: the ability of each generation to replace itself.  The nation's total fertility rate hit a high of nearly 3.8 in the United States in 1957 during the postwar Baby Boom. But it fell sharply through the 1960s and 1970s with the introduction of the birth control pill, legalization of abortion and other trends, including women delaying childbearing to attend college and pursue a career. The rate dipped below replacement level in 1972 and hit a low of 1.7 in 1976, but it started rising again in the late 1970s, climbed steadily through the 1980s, hovering close to but never hitting the replacement rate throughout the '90s although the population grew to over 300 million in 2006.   The United States lags dramatically behind all high-income countries, as well as many middle- and low-income countries when it comes to public policies designed to guarantee adequate working conditions for families. One hundred sixty-three countries around the world guarantee paid leave to women after childbirth; the United States does not. Forty-five countries ensure that fathers either receives paid paternity leave or paid parental leave; the United States does not. Seventy-six countries protect workingwomen’s right to breastfeed at work; the United States offers no such protection. Ninety-six countries offer paid annual leave; the United States does not require employers to provide any paid annual leave. One hundred thirty-nine countries provide paid leave for short or long-term illnesses; the United States has no national policy regarding sick leave. Where this comprehensive global data are available, the United States also appears to lag significantly behind in services available to children in working families. The United States ranks 39 in available data on early childhood education enrollment and 91 in student-to-staff ratios. The school year in the United States is shorter than that of 54 other countries around the world.  The Family and Medical Leave Act of February 5, 1993 (PL-303-3) is considered substandard and the U.S. provides only 12 weeks of unpaid leave to approximately half of mothers in the U.S. and nothing for the remainder.  The following ILO Conventions await ratification by the United States a. Holidays with Pay Convention (Convention 132) of 1970; b. Workers with Family Responsibilities (Convention 156) of 1981; c. Maternity Protection (Convention 183) of 2000 (Sanders '13: 278-280).  Southern California should not emulate China's one child policy.  For all their social insurance Europeans have lower birth rates than American wetbacks who must rely upon the creation of biological family to form the nucleus of their socio-economy despite the fatal legal errors of the Scopes Monkey Trial.