Total Health Institute Complaints: Full Lawsuit Read Here
Total Health Institute Complaints: This is a lawsuit about Walter Mankowski’s death after receiving treatment from Total Health Institute. His wife, Susan Mankowski, sued the institute and Keith Nemec for negligence, claiming they didn’t care for him properly. The jury agreed with Susan and awarded $2,522,847 in damages.
Defendants argued that Susan wasn’t properly appointed as a special administrator of Walter’s estate when she filed the lawsuit. They also claimed errors in the trial process and said the damages awarded were too high.
The court decided that Susan’s appointment as special administrator was okay, so the lawsuit could continue. They also said the trial was fair and the damages were justified. So, they upheld the jury’s decision and Susan got the money awarded to Walter’s estate.
Who is Walter Mankowski and What Happened to him in the Total Health Institute?
Walter Mankowski had cancer and sought treatment at Total Health Institute (THI). His family opted for alternative treatments instead of chemotherapy with the help of the THI. Walter’s condition worsened during his stay at the Institute, and he eventually died shortly after being admitted to this hospital.
Let’s talk about what happened during Walter Mankowski’s treatment at Total Health Institute. Walter, who had cancer, opted for alternative treatments instead of chemotherapy. His family paid $22,847 for a four-week program at the Institute. During his stay, Walter’s health worsened. He experienced symptoms like vomiting, severe abdominal pain, and bloody diarrhea, but the Institute denied knowledge of these issues.
Witnesses stated and presented evidence about Walter’s condition before and after his time at the Institute. A pastor from his church said Walter appeared healthy before treatment but looked near death after leaving the Institute.
Keith Nemec, the chiropractic physician running the Institute, admitted treating Walter but didn’t consult Walter’s other doctors or review his medical records thoroughly. Nemec’s treatments included fasting, detoxification, and nutritional supplements.
During the trial, Dr. Leon Dragon, a medical expert, testified after reviewing Walter Mankowski’s medical records. He found that before Walter underwent treatment at Total Health Institute, he had compromised liver function but remained ambulatory and functional. However, following his treatment at the Institute, Walter’s health deteriorated significantly. He developed kidney failure, became bedridden, confused, and had no urine output. Dr. Dragon concluded that the treatment at the Institute led to intravascular volume depletion and renal failure, which he identified as the primary cause of Walter’s death. Importantly, Dr. Dragon emphasized that Walter’s cancer did not directly cause the renal failure.
David Mankowski, Walter’s son, also testified during the trial about his involvement in his father’s treatment at Total Health Institute. He recalled seeing the price of the treatment program on the Institute’s website and negotiating the cost to $22,847. David offered Walter’s medical records to Keith Nemec, the chiropractic physician operating the Institute, but Nemec declined to review them or consult Walter’s other doctors. David described observing Walter’s declining health during his stay at the Institute, noting that Walter appeared confused and in a stupor. He eventually decided to take Walter to another hospital early in the morning after witnessing his worsening condition over the weekend.
Defendants’ Request to Stop the Case
The defendants requested to stop the trial because they said David’s testimony went against the court’s order not to accuse them of fraud. David talked about how the price of services changed and said Nemec acted like a salesman. The person suing argued that since the defense lawyer didn’t object during the testimony, it wasn’t a claim of fraud. The judge noticed that no one meant to accuse anyone of fraud and decided not to stop the trial.
Statement of Walter’s Daughters
Walter’s daughters, Ruth Ann Tallman and Sarah Marie Goodman, stated about their memories of Walter and their experience with Nemec and the Institute.
Expert Statement of Dr. David Johnson
Dr. David Johnson, a chiropractic physician, reviewed Walter’s medical records and testified for the victims. He criticized Nemec for not coordinating with Walter’s medical doctors and for suggesting that fasting and detoxification could cure him. Johnson also pointed out that Nemec failed to recognize Walter’s severe liver condition, neglected to review his medical history, and didn’t consult other medical experts. Johnson concluded that Nemec’s actions caused Walter’s kidney failure and death.
Video Deposition of Dr. Robert Hozman
Dr. Robert Hozman, Walter’s internist, testified via video deposition. He diagnosed Walter with gastric carcinoma and liver metastasis, telling the family he had six to eight months to live without chemotherapy. Hozman believed dehydration caused Walter’s acute renal failure, leading to his death.
Expert Testimony of Dr. Richard Quigg
Dr. Richard Quigg, a nephrology expert for the plaintiff, explained via video deposition. He believed Walter suffered from obstructive jaundice and began experiencing renal failure on March 26, 2009, exacerbated when he arrived at the emergency room on March 30.
Plaintiff’s Testimony
Walter’s wife testified during the trial about her relationship with him. She explained that they conducted online research to explore alternative treatments after Walter’s cancer diagnosis and discovered the institute. Despite their interest and decision to pursue treatment at the Institute, Walter’s wife did not personally accompany Walter when he was admitted there.
Expert Testimony of Dr. Jose Arruda
Dr. Jose Arruda, a nephrology expert for the defense, reviewed Walter’s medical records and depositions. He believed Walter’s liver was severely impaired by tumors and opined that Walter had only one to two months to live. Arruda stated Walter died from terminal cancer, with kidney dysfunction being a consequence, not the cause.
Testimony of Keith Nemec
Keith Nemec, founder of the hospital and a chiropractor, denied treating Walter for cancer but acknowledged the Institute’s focus on holistic health. Nemec described the treatments Walter received, including dietary changes, hydrotherapy, and chiropractic adjustments. He claimed he saw Walter several times but denied knowledge of Walter’s diarrhea, focusing instead on Walter’s overall decline. Nemec stated he believed he followed standard care practices.
Appointment of Special Administrator
When someone passes away and there’s a legal case involving them, the court needs someone to represent their interests. This person is called a special administrator. According to the law, if a deceased person’s estate has only a legal claim and no formal estate papers have been filed, the court can appoint a special administrator. This administrator’s job is to handle the legal case on behalf of the deceased.
Defendants’ Argument
The defendants, obviously the hospital team, argued that Susan Mankowski, listed as Special Administrator, was not legally appointed when the lawsuit began. They claimed this made any legal actions involving her, such as suing or being sued, invalid. The defendants compared the appointment of Susan Mankowski as Special Administrator to a fictional character, like Porky Pig. They argued that since a fictional entity cannot legally participate in a lawsuit in Illinois, any legal actions involving such an entity would be considered legally meaningless.
Court’s Decision
The court reviewed the law and the circumstances of the case. It found that the appointment of Susan Mankowski as Special Administrator was done correctly under the law. Therefore, the court ruled that she had the legal standing to pursue the case on behalf of the deceased, Walter Mankowski.
Conclusion
In the end, the court upheld the appointment of Susan Mankowski as Special Administrator. This decision allowed the lawsuit to proceed, with Susan Mankowski legally representing Walter Mankowski’s interests in seeking justice through the legal process.
