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LAKE COUNTY, Calif. – CVS/pharmacy has settled a civil suit with agencies in 45 counties and two cities – Los Angeles and San Diego – over allegations that it failed to properly dispose of hazardous materials.
The company will pay a total of $13.75 million in the suit, with $2 million going toward environmental enforcement and prosecution training, and environmental projects, under the terms of the final judgement signed by Ventura County Superior Court Judge Barbara Lane.
In addition, CVS will be bound by a permanent injunction prohibiting similar future alleged violations of of Business and Professions Code and Health and Safety Code.
Lake County District Attorney Don Anderson confirmed to Lake County News that his office was one of several dozen district attorneys’ offices across the state that took part in the suit, filed by Ventura County District Attorney Gregory Totten.
The suit alleged that over a seven-year period hundreds of California CVS stores, pharmacies and distribution stores – including Long’s Drug Stores that CVS acquired and converted to its brand – violated California laws for handling, storage and disposal of sharps, pharmaceuticals and pharmacy waste.
In addition, CVS is alleged to have failed to properly handle photo waste that contained silver from its film processing labs, hazardous waste generated from spills and customer returns of hazardous products, according to the suit.
Sonoma County District Attorney Jill Ravitch’s office reported that California’s investigation into CVS’ operations followed an investigation by environmental enforcement officials with the state of Connecticut.
Ravitch reported that Ventura County Environmental Health Division inspectors subsequently conducted a compliance review at CVS stores in that county and found evidence of improper storage, handling and disposal of hazardous waste and pharmaceutical waste products.
That led to the Ventura County District Attorney’s Office teaming up with California Department of Toxic Substances Control and other district attorney investigators from around the state to work on the case, according to Ravitch.
Lake County has only one CVS, located on 11th Street in Lakeport. That store converted from a Longs Drug Store to CVS following CVS’ acquisition.
The Lake County District Attorney’s Office will receive $10,000 in civil penalties for violations of Business and Professions Code, and Lake County Environmental Health will receive $5,000 in civil penalties for violations of Health and Safety Code, according to case documents. The agencies also will receive an additional $1,250 to cover their costs in the case.
Sonoma County will receive $84,625; Glenn, $16,250; Mendocino, $21,250; Napa, $32,000; and Yolo, $370,375.
Ventura County will receive the most from the settlement, $1,573,250.
In addition to paying civil penalties to counties’ district attorneys’ offices, environmental health departments and other agencies, CVS has agreed to pay $625,000 to the Craig Thompson Environmental Protection Prosecution Fund; $600,000 to the CUPA Forum Environmental Protection Trust Fund; $400,000 to fund scholarships and attendance for the annual CUPA Conference; $125,000 to the California District Attorneys Association Environmental Project to provide environmental training; $125,000 to the California District Attorneys Association Environmental Circuit Prosecutor Project to provide training consistent with the Environmental Circuit Prosecutor Project; and $125,000 to the Western States Project for training.
The total civil penalties and cost reimbursements for the counties and cities represented in the suit are listed below.
Alameda County – $351,000
Amador County – $16,250
Butte County – $46,750
Calaveras County – $21,250
Contra Costa County – $95,500
El Dorado County – $52,750
Fresno County – $217,000
Glenn County – $16,250
Humboldt County – $61,125
Kern County – $67,500
Kings County – $21,250
Lake County – $16,250
Los Angeles City Attorney’s Office – $47,500
Los Angeles County – $1,452,500
Madera County – $41,750
Marin County – $36,500
Mendocino County – $21,250
Merced County – $31,750
Monterey County – $133,625
Napa County – $32,000
Nevada County – $31,750
Orange County – $266,625
Placer County – $63,750
Riverside County – $498,750
Sacramento County – $352,500
San Bernardino County – $230,500
San Diego City Attorney’s Office – $63,750
San Diego County – $1,507,625
San Francisco County – $37,000
San Joaquin County – $1,572,500
San Luis Obispo County – $114,500
San Mateo County – $100,000
Santa Barbara County – $15,000
Santa Clara County – $211,000
Santa Cruz County – $52,000
Shasta County – $21,250
Solano County – $295,000
Sonoma County – $84,625
Stanislaus County – $63,750
Sutter County – $16,250
Tehama County – $16,250
Trinity County – $16,250
Tulare County – $151,875
Tuolumne County – $16,250
Ventura County – $1,573,250
Yolo County – $370,375
Yuba County – $16,250
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A new report shows a reduced mortality rate for coronary artery bypass graft surgeries performed around the state.
California's Office of Statewide Health Planning and Development (OSHPD) on Monday released the “California Report on Coronary Artery Bypass Graft Surgery, 2009 Hospital Data,” showing that hospital operative mortality declined 34 percent since 2003, the first year of mandated public reporting for the 119 state-licensed hospitals that performed isolated coronary artery bypass graft (CABG) surgery during 2009.
“The findings in this report, especially the continued decline in the mortality rate, reinforce the importance of making our healthcare system more transparent and improving consumer access to information on quality and performance,” said acting OSHPD Director Stephanie Clendenin.
Coronary artery bypass graft surgery takes arteries or veins from elsewhere in a patient’s body and grafts them onto the coronary artery to help relieve angina and improve blood supply.
The surgery can become necessary when arteries are narrowed due to atherosclerosis. A common condition, atherosclerosis results from a buildup on artery walls of substances like fat and cholesterol which create “plaques,” hardened structures that can block arteries, according to the U.S. National Library of Medicine.
The hospitals listed in the report do not include Sutter Lakeside Hospital in Lakeport or St. Helena Hospital Clearlake. However, several other regional hospitals serving Lake County residents are included, including North Bay and Bay Area facilities.
Performance ratings for hospitals are based on three risk-adjusted outcomes: operative mortality, operative stroke and, for the first time, hospital readmission.
Additionally, utilization of the internal mammary artery during CABG surgery is used as a measurement of surgical quality.
Hospital results for risk-adjusted mortality, risk-adjusted hospital readmission and internal mammary artery utilization are based only on 2009 data, while hospital results for risk-adjusted post-operative stroke are based on combined 2008 and 2009 data.
Regarding mortality rates, key findings in the report show there were 252 operative deaths among 13,260 isolated non-salvage CABG surgeries, and the operative mortality rate for isolated CABG surgery in California was 1.90 percent, down from 2.24 percent in 2008.
In addition, the report found significant variation – from 0 percent to 13.0 percent – in hospital operative mortality rates after adjusting for patients’ pre-operative health. Despite such variation, 116 of 119 hospitals (97%) performed at a rate that did not differ significantly from the statewide average.
The report showed that only one hospital, Scripps Memorial Hospital La Jolla, performed statistically significantly “better” than the state average in terms of risk-adjusted operative mortality, while Scripps Mercy Hospital and West Hills Regional Medical Center performed “worse” than the state average.
When it came to post-operative strokes, of the 27,217 patients who underwent isolated CABG surgery, 384 (1.41%) experienced a post-operative stroke, similar to the national rate of 1.4 percent reported by the National Society of Thoracic Surgeons.
There was wide variation in post-operative stroke rates among hospitals after adjusting for patients’ pre-operative health.
Hospital risk-adjusted stroke rates ranged from 0 percent to 8.87 percent, and 114 of 121 hospitals (94%) performed at a rate that did not differ significantly from the statewide average.
For the third report in a row, Alta Bates Summit Medical Center performed statistically “better” than the state average in terms of risk adjusted post-operative stroke rates. Also receiving high marks were St. Joseph’s Medical Center in Stockton and St. Bernardine Medical Center in San Bernardino.
There also were four hospitals that performed “worse” than the state average: Good Samaritan Hospital in San Jose, Bakersfield Memorial Hospital, Providence Tarzana Medical Center in Tarzana and Scripps Memorial Hospital in La Jolla.
As for hospital readmissions, of the 11,823 patients who underwent isolated CABG surgery and were discharged alive, 1,565 (13.2%) experienced a hospital readmission within 30 days of the surgery, the report found.
There was wide variation in the readmission rates among hospitals performing CABG surgery after adjusting for patients’ pre-operative conditions.
Hospital risk-adjusted re-admission rates ranged from 0 percent to 29.77 percent, and 117 of 119 hospitals (98%) performed at a rate that did not differ significantly from the statewide average.
One hospital, Queen of the Valley, performed “better” than the state average on hospital readmission, and one hospital, San Joaquin Community Hospital, performed “worse” than the state average.
The study showed that, overall, UC Davis Medical Center, Santa Rosa Memorial Hospital, St. Helena Hospital, Sutter Medical Center of Santa Rosa, UCSF Medical Center and Queen of the Valley all performed well in all three categories.
MENDOCINO COUNTY, Calif. – Three Oakland men are being investigated for their alleged involvement in an early morning home invasion robbery and assault in Fort Bragg over the weekend.
William Taylor, 24; Jelani Kelly, 27, and Robert Miller, 41, were taken into custody within hours of the incident, according to Capt. Kurt Smallcomb of the Mendocino County Sheriff's Office.
Smallcomb said at approximately 7:10 a.m. on Sunday, April 22, the Mendocino County Sheriff's Communications Center received a 911 telephone call from a Fort Bragg resident advising that her neighbor needed assistance as he had been hurt during a possible robbery.
Mendocino County Sheriff's deputies responded to the location on Boice Lane and located the victim, 29-year-old Daniel Alonso.
Alonso told deputies that he was asleep inside his residence early that morning when two suspects busted into his residence via the front door, Smallcomb said. The two suspects then allegedly started beating on Alonso with a crowbar and stabbed him with a knife.
Smallcomb said Alonso believed the suspects were trying to remove his marijuana from the residence. He had approximately 51 small plants inside his home.
The two suspects – later identified as Kelly and Taylor, who Alonso said he had met previously – then fled the residence and left the location driving a red SUV, Smallcomb said.
Medical personnel transported Alonso to an out-of-county hospital for treatment of stab wounds and blunt force injuries to his upper torso, according to Smallcomb.
Smallcomb said deputies conducted further follow up investigation and confirmed the identities of the suspects. A be on the look out was placed for the suspect vehicle and communicated to southern law enforcement entities.
At approximately 9:30 a.m. that same day Cloverdale Police officers conducted a traffic stop on the suspect vehicle, a red Lincoln Navigator, at Highway 101 near the Highway 128 intersection, Smallcomb said. Inside the vehicle were both suspects along with a Robert Miller.
Both Taylor and Kelly were booked into the Mendocino County Jail for robbery and assault with a deadly weapon, Smallcomb said. Kelly also had a misdemeanor warrant for his arrest.
Smallcomb said Taylor's bail was set at $250,000 and Kelly's at $265,000. Miller was arrested for a violation of parole, and is being held without bail.
Mendocino County Sheriff's detectives are continuing to conduct further investigation into the incident. It is unknown what items, if any, the suspects removed from the residence, Smallcomb said.
UPPER LAKE, Calif. – A crash Monday morning involving two local men resulted in moderate injuries for one and minor injuries for the other, the California Highway Patrol reported.
Asheton Gene Cufaude, 23, and Allan Foster Stirnaman Jr., 52, both of Lucerne, were injured in the crash, which occurred at 8:20 a.m., according to the CHP report.
Cufaude was driving his 1970 Chevrolet truck westbound on Highway 20 west of Scotts Valley Road and Stirnaman was driving eastbound in a company vehicle, a 2009 Chevrolet pickup, the CHP said.
For reasons still under investigation, Cufaude allowed his vehicle to cross over the solid double yellow lines, with the left side of his truck hitting the left side of Stirnaman’s vehicle, the CHP said.
The CHP report said both vehicles ended up going off the south roadway edge.
Stirnaman’s truck contained a 100-gallon auxiliary fuel tank which fell out of the truck bed and onto the dirt embankment. The CHP said the tank was uprighted with the minimal leakage contained.
Northshore Fire Deputy Chief Pat Brown had told Lake County News earlier in the day that firefighters were able to quickly contain the tank, which landed on the shore of Blue Lakes, and no gas went into the water.
The CHP said Cufaude sustained moderate injuries to his left leg and was transported to Sutter Lakeside Hospital.
Stirnaman sustained minor injuries to his back and neck and also was transported to Sutter Lakeside Hospital for care, the CHP said.
Alcohol does not appear to be a factor in the crash, and the CHP said both drivers were wearing their seat belts.
LAKEPORT, Calif. – Sheriff's officials are attempting to locate a Lake County Jail inmate who walked away from the facility on Monday morning.
Roger Daniel Vigil, 49, of Clearlake, was working outside the facility on the grounds when he walked away at approximately 9 a.m., according to Sgt. John Gregore of the Lake County Sheriff's Office.
Sheriff’s office personnel – including deputies, detectives and a K9 team – continued to search for Vigil early Monday afternoon, according to Gregore.
Vigil, who last September was sought as Clearlake's “most wanted,” was being held on bench warrants and a controlled substance charge, and the District Attorney's Office also had remanded him to custody, according to jail records.
Gregore said Vigil was an inmate worker assigned to minimum custody.
Vigil is described as a Hispanic male adult, 5 feet 7 inches tall and 155 pounds, with a shaved head and brown eyes, according to Gregore.
Gregore said Vigil has a tattoo of Mickey Mouse on his left arm and a tattoo of Jesus on his right arm. He also has a tattoo of a peacock on his back and another tattoo of a peacock on his right arm.
Vigil was last seen wearing a blue Lake County Jail shirt and blue jeans, Gregore said.
Anyone who may have information regarding this case is encouraged to contact the Lake County Sheriff’s Office Dispatch at 707-263-2690.
UPPER LAKE, Calif. – California Highway Patrol officers and Northshore Fire Protection firefighters spent Monday morning on the scene of a collision involving two pickups near Blue Lakes.
The crash occurred at around 8:15 a.m. on Highway 20 near Scotts Valley Road, according to initial CHP reports.
The collision resulted in major injuries to one of the male drivers, although the initial report did not include names of those involved.
The early reports said two vehicles – a Chevrolet pickup and a Ford pickup – were off the roadway, and power lines were down.
Northshore Fire Deputy Chief Pat Brown said one of the drivers had been able to get out of his vehicle on his own, but the other pickup went off the road and landed against a tree, with firefighters having to work to extricate the male driver.
The man who had to be extricated had a 100-gallon fuel tank in the back of his pickup that was thrown out of the pickup bed by the force of the crash, landing just next to the lake, Brown said.
Brown said firefighters were able to use emergency holding tanks to deal with the fuel tank.
“Nothing actually went into the lake,” he said.
Brown said the crash took place near the site of an April 2009 incident in which a Safeway truck’s load went off the road and into Blue Lakes, as Lake County News has reported.
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