Internal documents have been found in agency that controls foreign detainee’s medical care, which is based in Washington. They reveal that it is common practice to retain complete medical records, or even lie in public explanations in order to keep the truth hidden.
In the case of Castaneda, e-mails were found that explained the whole sordid affair. When Castaneda was just 10, his family had escaped the Civil War in El Salvador , but his mother died of cancer before she could find legal status for her children. He started working aged only 17, and in due course became involved in drugs. After spending around 15years living in Los Angeles, he was found to have drugs on him, leading to a four-month prison sentence and then plans for him to be extradited.
He was taken into custody by immigration officers in March 2006, and upon examination on the 34 year old by medical staff members, was believed to be suffering from penile cancer upon the discovery of a lesion on his penis, which was seeping and bleeding. The staff involved tried to obtain approval for him to have a biopsy, but this was refused by the Division of Immigration Health Services,who felt it should be put on hold for another 10 months.
Castaneda made several complaints in the remainder of his time, such as, "I am in a considerable amount of pain and I am in desperate need of medical attention," he wrote in June. "I feel that I am entitled to a healthy life."
The only point at which the seriousness of his case was taken any notice of, was when, in July, David Lusche, a physician's assistant at the Otay Mesa facility in California, came to the realization that an examination of the compound’s medical files was coming up. His response to this realization was to e-mail a colleague and ask him to find a handwritten grievance from Castaneda
"We need to write something different, or make some amendment, on the Grievance for Francisco Castaneda," Lusche wrote. ". . . Your response starts, 'Grievance not resolved.' Those words are going to attract all kinds of attention during an ICE Jail Standards audit. . . . Could you somehow 'patch up' that Grievance with an amendment then put it in my box. I just want to avoid problems when the Auditors show up."
He received a reply from Anthony Walker, a physician's assistant at Otay Mesa, the next day, which read; "But it is true, unfortunately, this is a case where his grievance is correct and I don't blame the detainee."
A biopsy was at last planned after much harassment from the ACLU, but before the surgery could take place, immigration officials suddenly released Castaneda from custody in order to avoid the cost of surgery.
Timothy T. Shack, the medical director of DIHS, was requested to look over the case, to which his response was, "I looked over about 200 pages of medical records for this case. In my opinion, the care provided to this detainee was, and is, timely and appropriate."
A week later, UCLA doctors diagnosed Castaneda with invasive squamous cell carcinoma, for which the only treatment left to do was amputation of his penis, which took place on Valentines day.
He explained his case of medical negligence to a congressional panel who were examining medical care, it was around this time he was still undergoing chemotherapy. "I am a 35-year-old man without a penis with my life on the line," he said. "I have a young daughter, Vanessa, who is only 14. She is here with me today because she wanted to support me -- and because I wanted her to see her father do something for the greater good, so that she will have that memory of me. The thought that her pain -- and mine -- could have been avoided almost makes this too much to bear."
On Feb. 16, 2008, Castaneda died.
U.S. District Judge Dean D. Pregersonprohibited the government from dismissing the Castaneda case, the judge said lawyers had "submitted powerful evidence that Defendants knew Castaneda needed a biopsy to rule out cancer, falsely stated that his doctors called the biopsy 'elective,' and let him suffer in extreme pain for almost one year while telling him to be 'patient' and treating him with Ibuprofen, antihistamines, and extra pairs of boxer shorts."
Pregerson added: "Defendants' own records bespeak of conduct that transcends negligence by miles. It bespeaks of conduct that, if true, should be taught to every law student as conduct for which the moniker 'cruel' is inadequate."
Catherine is an author of several articles pertaining to No Win No Fee, Medical Negligence, Personal Injury Claims and other legal articles.