Man gets bitten by mosquito; sues state for $3 million

Man sues state, county over West Nile education


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BOISE - A man is suing the state of Idaho as well as Ada County for $3 million claiming it failed to educate him about the West Nile virus.

Officials say a Jerry Glenn Hayes is the man behind the suit.

"Ada County and several other government state agencies have been named in a lawsuit filed by a gentleman who claims not enough was done to protect him during the 2006 West Nile virus outbreak," said Laura Wylde, public information specialist for Ada County.

Wylde said Friday that the county is not obligated to comment on active litigation, however, she did release the county's West Nile virus education efforts.

"We issued 32 news releases and held dozens of news conferences, all of which generated hours of news coverage throughout the valley," Wylde said.

"Realizing the very real dangers West Nile poses, we even further expanded our public outreach efforts in 2007 and 2008. At the height of the WNV outbreak in 2006, Ada County disseminated thousands of fight the bite brochures and even developed a special Web site citizens could use to track positive West Nile virus cases in their neighborhoods. While it is difficult to control an uncontrollable pest, Ada County has taken extraordinary measures to protect its citizens."

A hearing about the lawsuit is scheduled for next week.

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Well that sucks.....


no pun intended


actually yes it was intended.....

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The CDC and the State of Idaho are more at fault than you might think. In 2003, we developed a treatment for West Nile virus encephalitis that the CDC was fully aware of. In July, 2004, we published our first 8 patients in a peer-reviewed medical journal. This made the treatment official. Yet the CDC and state health depts. continued to ignore our treatment, and instead told the public to just say "No" to mosquitoes. The families of everyone who died from WNV in the past 6 years, and the thousands of people who got sick, have at least an explanation coming from the federal government, if not a payout.

Dave Moskowitz MD
CEO
GenoMed, Inc. (GMED.PK on OTC Pink Sheets)
GenoMed, Inc. - Applying Genomics to the Practice of Medicine. Identifying genes for several diseases: kidney failure, diabetes, emphysema, influenza, West Nile virus, WNV and cancer.

General Status and Why Idaho and Ada County Was Sued for 2006 West Nile Negligence !

The Ada County 2006 West Nile epidemic victim filed a legal complaint and claim during July 2008 sueing the State of Idaho and Ada County for damages and compensation for a maximum award of three million dollars ($3,000,000).

The plaintiff who is permanently paralyzed cites the apparent negligence of the Idaho Department of Health and Welfare due to the agency's inadequate, untimely and ineffective efforts to educate and inform the general public of potential dangerous and deadly health effects in advance of the severe 2006 West Nile Mosquito epidemic.

Numerous uninformed Culex mosquito bite victims were killed and hundreds more were permanently injured before the State of Idaho made meaningful public information efforts and took the appropriate aerial spraying preventive measures to reduce population of infected Culex mosquitos. While the State of Idaho and Ada County officials pondered their failure to be adequately prepared with solutions and monetary budgets to handle the crisis, the mosquitos had killed an unusually large number of birds and squirrels followed by the nation's worst state WNV Epidemic in history.

With the previous seven years of CDC data known by the public health information, prevention and treatment community, and after the nations previous worst 2003 West Nile epidemic in the nearby State of Colorado, the State of Idaho in 2006 suffered the worst epidemic in United States West Nile history!

From the Governor's Office down to the County Abatement Districts, Idaho officials failed to be prepared and failed to see the obvious warning signs which all came well in advance of Idaho taxpayers and citizens becoming stricken with West Nile Disease - including encephelitis, myelitis, paralysis and numerous other systemic illnesses.

The unnecessary results of negligent state and county governments in 2006 were 23 deaths and permanent disabilty and lifetime health ramifications for over 5000 victims (1,000 victims diagnosed medically and 4,000 victims not even knowing they are infected and will have lifelong negative health impacts due to the virus they carry in their circulatory and nervous systems.)
Legal actions and decisions in this negligence and injury case are pending in the 4th District Court of the State of Idaho against the State of Idaho, the Department of Health and Welfare, Ada County, Ada County Abatement District, and four other private defendants including a private entity and three individuals named in the complaint.

From reviewing AP news reprints in the northwest and California, it looks like the local Boise, Idaho media is already slanting the lawsuit case story falsely. Is the media trying to protect the lead players in state and county government because they were asleep at the wheel? Thus failing to be prepared to prevent and quickly stop the 2006 West Nile Virus Mosquito Outbreak?

New U. S. Senator Jim Risch was Idaho State Governor in charge of the Department of Health and Welfare in 2006. Ada County Commissioner Rick Yzaguire was on the Ada County Board of Commissioners at that time.

The television and press news has yet to mention a word in regard to State government's role in the failures to protect the people in 2006.
To date on this initial Idaho West Nile Victim lawsuit, there has been no media mention of the fact that the State and the County were both integral to the lack of foresight and absence of a reasonable and effective response plan until after 2 full months of West Nile Virus outbreak damages.By that time there was already a very large amount of sickness of animals and wildlife as well as hundreds of people and numerous deaths and many permanently disabled mosquito bite victims who were State of Idaho and County citizens and taxpayers.

It is very interesting to note that this lawsuit was filed back in July 2008 which was 4 months ago. Is it a coincidence that Ada County (where the action was filed) and the State of Idaho had not disclosed this matter to the media until after the recent November election where the former governor was elected as U. S. Senator and where Rick Yzaguire was re-elected to the Board of Commissioners.

The case lay quietly in the courthouse for 4 months, but it only took one week after the election to call in the media to start a disinformation campaign. The information as reported by the media says nothing about the State having the greatest responsibility and thus the major blame for the worst state protection record in the country (4 times as great per capita WNV incidence rate in 2006 as the second worst state performance which was Colorado in 2003, 3 years prior to the Idaho embarassment) as of the end of Year 2006.

Instead of presenting the actual reasons for the lawsuit as stated in the court documents (reasons which are well known by the general public who observed the 2006 debacle), the media thus far has chosen to divert attention to a vague excuse intended to imply that the government acted responsibly and adequately. That statement of excuse was given out by the Ada County Spokesperson as a weak and vague argument to dispell the legitmacy of the victim's lawsuit complaint which in contrast to the statement is far more specific, comprehensive and understandable.

As said by F G.

"Stupid is as stupid does", I think it was.

Me thinks this one will never see the court room.