As previously reported by El Paso Politics, El Paso Children’s Hospital has asked the judge in a malpractice lawsuit involving the death of a three-year-old girl to seal the affidavit attached to the lawsuit. The affidavit, by a doctor, alleges among several issues that the doctor overseeing the care of the three-year-old “presents a clear danger to his patients and should be removed from the practice of medicine.” The peer doctor goes on that in addition to endangering the patients, the hospital needs to keep the sued doctor on staff because it “needed the revenues generated by the patients” that the doctor brings to the hospital.

Over several court hearings, the doctors and the children’s hospital who have been sued have asked the judge to order the affidavit sealed alleging that the information within the affidavit does not belong in the public domain because it was a “privileged” communication. Readers should note that in the court filings, the lawyers for the doctors and the children’s hospital have never argued that the affidavit is wrong, but rather that the information contained within should not be allowed out in the public.

The so-called Mayes affidavit has now been sealed by court order.

On February 23, 2022, Judge Selena N. Solis issued the order sealing the affidavit and other mentions of malfeasance at the El Paso Children’s Hospital.

In its order, the court itself acknowledges that “there is no particular express rule, statue, or legal authority remotely on point to guide the Court on how to redact” the affidavit that shows malfeasance at the children’s hospital.

The judge goes on to write in her order that “the Court finds it has inherent power to limit the right of public access to the Court’s judicial records that contain information the Court has declared to be confidential and privileged.”

Readers should note that the Court has not made a finding that the affidavit is wrong, but rather that the information that El Paso parents need to help them decide whether to take their child to the children’s hospital for medical care is “confidential and privileged.”

The Court Order goes on to state that “the interests of protecting against improper disclosure of peer-review-privileged information outweigh the interests of the public in having access to the Court’s records.”

The Court Order orders the removal of the “five exhibits attached to the Plaintiff’s Original Petition (the three reports of Dr. Peterson, Dr. Peterson’s CV, and the Mayes Affidavit.” It is the Mayes’ affidavit that is most damning to the El Paso Children’s Hospital’s defense in the malpractice lawsuit because it clearly shows that money was the factor for contracting a doctor that a peer doctor has said “presents a clear danger to his patients,” i.e., El Paso’s children.

El Paso Politics has previously reported on the items that court wanted redacted from the court filings. The recently filed court order affirms the items to be redacted and additionally orders the plaintiffs to refile their petitions in a redacted form. Additionally, the judge has ordered that the “unredacted originals” in the court file “shall be sealed…so that the general public cannot access these documents electronically.”

In a recent court hearing, the attorneys for the family of the three-year-old girl that died at the children’s hospital have said they intend to appeal the judge’s order to seal the affidavit and the other reports in the court filings. El Paso Politics contacted one of the plaintiffs in the case to get a comment on the court’s ruling, but they declined to comment “at this time”.

El Paso Politics will continue to monitor this case and update as necessary.

Source: The Court Order narrative in this article comes from the “Amended Order On Defendant’s Rule 59 Objections, Special Exceptions, And Supplemental Issues Relating To Peer Review Privilege, Cause No: 2020DCV2549, Saucedo v. El Paso Children’s Hospital Corporation, et al.”

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We are on a mission to deliver the news and information important to you. Information that no one else is covering. We believe that public policy is grounded on an informed citizenry. We provide information based on analytical analysis that is well-sourced to allow readers to understand the policy decisions that affects their lives. We keep our reporting open to give everyone access to our reports. We are self-funded. This allows us to be independent and we are not influenced by stakeholders on how and what we report.

Help us to keep this resource available to everyone. Your support allows us to fund the site and pay for the research we use to bring important topics to your attention. Support our project by making a small donation today.

We need your help to keep bringing you this important resource.

We are on a mission to deliver the news and information important to you. Information that no one else is covering. We believe that public policy is grounded on an informed citizenry. We provide information based on analytical analysis that is well-sourced to allow readers to understand the policy decisions that affects their lives. We keep our reporting open to give everyone access to our reports. We are self-funded. This allows us to be independent and we are not influenced by stakeholders on how and what we report.

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Martin Paredes

Reporting on public corruption, border politics, immigration and public policy in El Paso since 2000.

11 replies on “In Unprecedented Order Judge In Children’s Hospital Malpractice Case Orders Affidavit Sealed”

  1. Not surprising

    One of the defendants has a son that is a federal judge

    You figure out the rest

  2. Judge Solis is under tremendous pressure to take care of her political contributors and protect her friends, especially Dr. Canales’ daughters and the master architect of the EPCH, her BFF Veronica Escobar.

    It is clear by her classic textbook move to force an appeal that she is trying to wash her hands of this and yet still be able to say she tried to help her friends.

    But this will come back to haunt her. Trying to bury the most damning evidence against the Hospital and Dr. Canales will only be short lived and she will be exposed for what she is: a corrupt judge taking care of her buddies. Zero ethics.

    El Paso, you derserve the justice you put in office…..

  3. Kudos to the Saucedo family for exposing the rot and corruption and not allowing these mafiosos to get away with murder and judicial misconduct. Keep bringing them the fight. You will prevail.

  4. Something stinks here. Someone should check if this judge has taken any political contributions from the defense.

    Pay to play?

    Follow the money.

  5. Need to get our money back

    People still talking about this

    Estela, we’re sorry

  6. This is just the clinical side of EPCH. That thing stinks from the day voters thought they were buying a children’s hospital when, instead, it was a cash siphon for UMC via rents (EPCH did not own the building) and services sucked out of EPCH by UMC. Then, when reimbursement formulas changed, the scam became visible.

  7. At el paso childrens hospitals unfortuntly my coworker dr canales and his nurses kicked a innocent mom and denied her medical services for her child. Also they even restricted her to step that hospital if her child was to get sick to take him to a adult hospital when they fully know this child is a specials needs child with cancer. Unfortunate I can’t say who I am but , I do not agree what this coworker of mine did to this young lady and also to the saucedo family with their daughter hopefully one day the truth reveals we get better leaders at this hospital.

  8. Since the affidavit was already seen by many people, sealing it at this point is just a gesture. So I wouldn’t make too much of it. Once it has been on the internet it is out there forever. Jerry K makes a good point. If the hospital was built with bond money, why was EPCH paying rent to UMC? Scam is probably exactly the right word for it. As far as whether or not Children’s is a dangerous place, I think that depends on who your doctor is, if you get my meaning. I think that the hospital could have a bright future once it gets rid of its incompetent CEO and inept Board. But this being El Paso, I wouldn’t hold my breath for anybody to do the right thing. PS who is the defendant with a son who is a federal judge?

  9. EPCH has the Best marketing team in El Paso, nothing This publication puts out will stop us from hoodwinking the generous public. Just stop now, you’re wasting your time.

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