Free Transfer Document - District Court of California - California

Case 3:08-cv-01493-JM-BLM

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DOWNEY BRAND LLP MICHAEL J. THOMAS (Bar No. 172326) APARNA RAJAGOPAL-DURBIN (Bar No. 218519) 555 Capitol Mall, Tenth Floor Sacramento, CA 95814-4686 Telephone: (916) 444-1000 Facsimile: (916) 444-2100 E-mail: [email protected] E-mail: [email protected] Attorneys for Plaintiff Nutrishare, Inc. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Nutrishare, Inc., a California corporation, Plaintiff, v. BioRx, LLC, an Ohio Limited Liability Company, Defendant.

Case No. 2:08-CV-01252-WBS-EFB
DECLARATION OF RODNEY OKAMOTO IN SUPPORT OF OPPOSITION MOTION TO DISMISS OR TRANSFER VENUE Date: Time: Dept: Judge: August 11, 2008 2:00 p.m. Courtroom 5 Hon. William B. Schubb

I, RODNEY OKAMOTO, hereby declare as follows: 1. I am an individual residing in Galt, California. I make this declaration of my own

personal knowledge, and if called to testify, could and would testify consistent with the facts stated herein. 2. 3. I am co-founder and President of Plaintiff in this action, Nutrishare, Inc. Attached hereto as Exhibit A are true and correct copies of relevant pages from

BioRx's web-site, www.BioRx.net. 4. Attached hereto as Exhibit B are true and correct copies of relevant pages from

NutriThrive's web-site, www.NutriThrive.com. 5. Nutrishare and other pharmacies that conduct business in California are required

to obtain licenses under California law. Licenses are obtained through the California Board of 1
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Pharmacy, located at 1625 N Market Blvd, N219, Sacramento, California, 95834, and which has a web-site, http://www.pharmacy.ca.gov/. Through this web-site, the general public can ascertain whether a particular company is licensed to distribute pharmaceuticals (or conduct other specific pharmacy-related activities) within California. A search on this web-site revealed that NutriThrive is not licensed to conduct pharmacy-related activities within California, but that BioRx has obtained two licenses to conduct pharmacy-related activities within California as a non-resident pharmacy. It has obtained one license to conduct sterile compounding activities as a non-resident pharmacy (License No. 99504), and another license to conduct business as a nonresident pharmacy (License No. 819.) True and correct copies of the information regarding both of these licenses, available at http://www.pharmacy.ca.gov/, is attached hereto as Exhibit C. 6. Through an Internet search, we learned that NutriThrive may have at least one

customer within this judicial district. Specifically, on the Parent-2-Parent on-line forum, which provides a discussion board for parents of children requiring, among other things, total parenteral nutrition ("TPN"), we found a post by a woman in Redding, California, Jessi who states she is the parent of two boys, Jaxson, and Joshua. In this post, Jessi states "I am working with NutriThrive right now." Attached as Exhibit D is a true and correct copy of the thread containing Jessi's post available at: http://www.parent-2-parent.com/forum/search.php?searchid=583737&pp=25&page=20. Jessi's post is on page 9 of Exhibit D. 7. On the day Nutrishare's Complaint, summons, and preliminary injunction papers

were served, both Nutrishare and NutriThrive were attending the Oley Conference at the Mission Valley Marriott Hotel in San Diego, which began on June 26, 2008 and ended on June 29, 2008. I and about eleven other individuals represented Nutrishare at the Conference. There were approximately 200 conference attendees, the majority of whom were home infusion consumers. There were twenty-two companies that exhibited their products and/or services at booths in the exhibit hall. Attached hereto as Exhibit E is a true and correct copy of portions of the program distributed to all of the conference attendees, which lists, among other information, all of the exhibitors along with their descriptions. Based on the descriptions in this program, eleven of the 2
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exhibiting companies are home infusion providers. Nine of those companies are national (versus local/regional) home infusion providers. Nutrishare and BioRx d/b/a NutriThrive were two of the nine national home infusion providers. 8. At the Oley Conference, NutriThrive's name was prominently displayed on a

banner hanging at the entryway to the conference facilities, immediately below Nutrishare's name in the same font size, color, and typeface. Attached hereto as Exhibit F is a true and correct copy of a photograph of the banner. 9. In the Oley Conference exhibition hall, which was the only place where home

infusion companies were permitted to display and market their products, both Nutrishare and NutriThrive had prominent booths, each at one of the two back corners of the hall. Attached as Exhibit G is a true and correct copy of the exhibit hall layout provided by the Oley Foundation to all of the exhibitors prior to the conference. NutriThrive's booth was staffed by, among others, Donna Noble (the mother of Nutrishare's former customer). 10. On the Friday and Saturday of the Conference, there was a conference-wide

luncheon. The program attached to this declaration as Exhibit E indicated that Friday's lunch was to be sponsored by NutriThrive. At the lunch, a placard on the table prominently displayed NutriThrive's name. 11. During the Oley Conference, my colleagues and I met a woman named

Rosemarie Mielke, who informed us that she lives in Lancaster, California and used to be a customer of NutriThrive but switched her TPN provider to Crescent Health. 12. Pursuant to the Oley Foundation's rules and policies, Nutrishare, NutriThrive,

and the other exhibitors were not permitted to solicit new customers outside the two-hour exhibition period that occurred on the Friday and Saturday of the conference. The exhibitors were, however, permitted to meet with their existing customers. During a picnic on the last day of the Oley Conference, one of Nutrishare's California customers, Kathryn Bundy, approached me and informed me that NutriThrive's representatives were aggressively soliciting her making her feel uncomfortable. NutriThrive's actions were in contravention of the Oley Foundation's rules. 3
942221.1

DECL. OF RODNEY OKAMOTO IN SUPPORT OF OPP. TO MOTION TO DISMISS OR TRANSFER

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BioRx - Specializing in Hemophilia, Infusion Suite Management, and Home IVIG Case 3:08-cv-01493-JM-BLM Document 31-2 Filed 07/28/2008

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"We are very pleased with the service we have had since May of 2007. We switched our service to BioRx because we felt they were providing more individual attention to my son. The people at BioRx deal or have dealt with Hemophilia on a daily basis and can relate to my stress and emotion. They take the time to help you learn to infuse or give you any information you need to make the best decision for your child. They are available at any time and will go above and beyond to help. Thank you" - Daniel and Melissa C.

Recent News
About the Heparin Recalls BioRx Offers Vivaglobin® to Patients with Primary Immune Deficiency Disorders Biorx Pledges Long-Term Financial Commitment to the Oley Foundation to Help Individuals Requiring Home Intravenous Nutrition and Tube Feeding.

10828 Kenwood Rd Cincinnati, OH 45242 Toll Free: 866-442-4679

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BioRx - Specializing in Hemophilia, Infusion Suite Management, and Home IVIG Case 3:08-cv-01493-JM-BLM Document 31-2 Filed 07/28/2008

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BioRx is a national provider and distributor of certain specialty pharmaceuticals, related supplies, as well as clinical and reimbursement support services. Currently BioRx has four product offerings: 1) In-home hemophilia care, or the provision of hemophilia clotting factors and highly customized support services, 2) in-home IgG, 3) in-office infusion suite management services, primarily targeted at neurology and immunology practices, and 4) improving life on nutrition support. Our hemophilia services are hallmarked by close community and patient involvement, highly customized supply management, and intense customer service. One of our primary missions is to promote patient independence and disease education in order to empower patients and their families. We expect to invest highly in the markets in which we participate.

10828 Kenwood Rd Cincinnati, OH 45242 Toll Free: 866-442-4679

Our in-office infusion suite programs are customized to each practice. We offer a menu of services in order to complement each practice's strengths and weaknesses. Our model strives to prepare the practice from multiple angles: clinical, operational, and financial. BioRx offers contracting models that effectively align our financial incentives with those of our customers. Our In-home IgG program is built on sound clinical management, side effect prevention, product selection, and risk management. Additionally, BioRx offers comprehensive insurance work-ups, authorizations, and billing on behalf of our patients. Primary Immune Diseases Autoimmune Diseases

Improving life on nutrition support.

BioRx is licensed to provide products and services in most states. Call us at 866-44-BIORX to inquire as to service availability in your area.

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BioRx - Specializing in Hemophilia, Infusion Suite Management, and Home IVIG Case 3:08-cv-01493-JM-BLM Document 31-2 Filed 07/28/2008

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2007 BioRx Scholarship Winners
Cincinnati, Ohio (January 21, 2008) BioRx, a specialty pharmacy, and Hemophilia of North Carolina announce the winners of the 2007 BioRx Educational Scholarships. The scholarships are funded by BioRx through an educational grant, which is administered by Hemophilia of NC, a chapter of the National Hemophilia Foundation. Read the rest of this entry »

BioRx Offers Vivaglobin® to Patients with Primary Immune Deficiency Disorders
PIDD Brochure Cincinnati, Ohio (October 18, 2007) -BioRx, a specialty pharmaceutical company, announces the availability of Vivaglobin® (immune globulin subcutaneous [human]), an immunoglobulin (ig) replacement therapy for treating patients with primary immune deficiency disorder (PIDD). PIDD is a group of usually-genetic disorders that compromise the immune system, leaving people vulnerable to recurrent, life-threatening infections. An estimated 50,000 Americans have PIDD. Read the rest of this entry »

10828 Kenwood Rd Cincinnati, OH 45242 Toll Free: 866-442-4679

Biorx Pledges Long-Term Financial Commitment to the Oley Foundation to Help Individuals Requiring Home Intravenous Nutrition and Tube Feeding.
BioRx Creates FULL CIRCLETM program to support the Oley Foundation CINCINNATI, Ohio (November 7, 2007) - BioRx, one of the nation's fastest growing providers of specialty pharmaceuticals, announces the creation of a new program to help individuals requiring home intravenous nutrition and tube feeding. Their program, called Full CircleTM, has been established to provide financial support to the Oley Foundation, a non-profit organization based at Albany Medical Center In New York, which is dedicated to enhancing the lives of those who require home infused (parenteral) and tube feeding (enteral). The Foundation offers programs that educate members about the therapy that sustains them, provides outreach and networking opportunities that remove isolation and create a sense of normalcy - motivating members to play an active role in decisions being made the Foundation. Read the rest of this entry »

BioRx Offers Free 2008 Kids Hemophilia Calendar
Cincinnati, Ohio (October 31, 2007) - BioRx, a specialty pharmaceutical company, announces the availability of a free 2008 calendar to the hemophilia community. The annual Kids Hemophilia Calendar features artwork from children who either have a bleeding disorder or have a sibling or parent with a bleeding disorder. To produce the calendar, BioRx sponsored a contest requiring entrants in three different age categories to submit artwork relating to their experiences in living with hemophilia. The company received more than 70 entries, which were judged on artistic merit and relevance to hemophilia. All contestants receive a prize and a copy of the calendar. Winning artwork is published in the calendar.

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Read the rest of this entry »

BioRx 2009 Kids Hemophilia Calendar Contest
CINCINNATI, Ohio (October 31, 2007) - BioRx, a specialty pharmaceutical company, announces the 2009 Kids Hemophilia Calendar for children who either have a bleeding disorder or have a sibling or parent with a bleeding disorder. Submit a drawing, sketch, or painting depicting some aspect of life with hemophilia. The best from each age group will be included in the calendar. Every entrant will receive a prize and a copy of the calendar. The best entries will have their art featured in the calendar. Read the rest of this entry »

Bayer HealthCare and BioRx Introduce Educational Children's Book About Hemophilia
Cincinnati, Ohio (October 11, 2007) - Bayer HealthCare and BioRx, a specialty pharmaceutical company, announce the availability of I AM NATE, a new children's book about hemophilia. Written by Chris Perretti Barnes, the mother of a young boy with hemophilia A, the book is the second in a series of books intended to educate children about hemophilia. Read the rest of this entry »

Biorx Pledges Long-Term Financial Commitment to Patients With Primary Immunodeficiency Diseases and the Immune Deficiency Foundation
CINCINNATI, Ohio (June 15, 2007) - BioRx, one of the nation's fastest growing providers of specialty pharmaceuticals, announces the creation of a new program to help patients with primary immunodeficiency diseases (PIDD). Their program, called Full CircleTM, has been established to provide financial support to the Immune Deficiency Foundation (IDF), the national patient organization with the mission to improve the diagnosis and treatment of patients with primary immune deficiency diseases through research, education and advocacy.As the first "Sponsor" of IDF's new Home Healthcare and Specialty Pharmacy Sponsorship program, BioRx has committed to making a base level contribution to the IDF annually. Read the rest of this entry »

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If you have any questions or concerns, please call us at 866-442-4679 or use our convenient online form to contact one of our caring professionals and we will be happy to contact you and address your questions!

Send us your comments Name:

Organization:

Email:

Phone:

10828 Kenwood Rd Cincinnati, OH 45242 Toll Free: 866-442-4679

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BioRx
Main Offices and Distribution Center 10828 Kenwood Rd Cincinnati, OH 45242 Administrative Office 200 West Lexington Ave. Suite 203 High Point, NC 27262 Satellite Pharmacy 3821 71st Street Suite C Urbandale, IA 50322 Remittance Address (payment Address) BioRx PO Box 1477 Florence, KY 41022 Additional dispensing locations in other states. BioRx also maintains billing offices in Pittsburgh, PA. Hours of Operation: 8:30-5:30 M-F ET "Clinical Staff available 24 hours a day"

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BioRx - Specializing in Hemophilia, Infusion Suite Management, and Home IVIG Case 3:08-cv-01493-JM-BLM Document 31-2 Filed 07/28/2008

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BioRx Offers Vivaglobin® to Patients with Primary Immune Deficiency Disorders
PIDD Brochure Cincinnati, Ohio (October 18, 2007) -BioRx, a specialty pharmaceutical company, announces the availability of Vivaglobin® (immune globulin subcutaneous [human]), an immunoglobulin (ig) replacement therapy for treating patients with primary immune deficiency disorder (PIDD). PIDD is a group of usually-genetic disorders that compromise the immune system, leaving people vulnerable to recurrent, life-threatening infections. An estimated 50,000 Americans have PIDD. BioRx is one of a small number of specialty pharmacies currently approved to dispense Vivaglobin®, which is manufactured and marketed by CSL Behring. Vivaglobin® is the first and only subcutaneous immunoglobulin replacement therapy approved by the FDA in the United States. Vivaglobin® delivers treatment directly under the skin (subcutaneously), offering a safe and effective alternative to intravenous infusions of immunoglobulin.

10828 Kenwood Rd Cincinnati, OH 45242 Toll Free: 866-442-4679

Mark Kestler, General Manager of BioRx, says "Recognition by CSL Behring as an approved Vivaglobin® provider validates BioRx as a leading quality provider of specialized pharmaceutical services. We are excited to be able to offer this valuable treatment option to our PIDD patients." Until recently, PIDD patients needed to schedule appointments with a hospital, physician or homecare company to receive intravenous immunoglobulin treatment. Immunoglobulin is a life-sustaining blood product that is standard immune replacement therapy for most people living with PIDD. Approximately 70 percent of PIDD patients receive Ig replacement therapy, primarily intravenous immunoglobulin (IVIg), in which a pump delivers the immunoglobulin through a needle into a vein. With Vivaglobin®, PIDD patients in the United States can now self-administer the treatment at home, with training from and the approval by their physician. The drug represents another treatment option for patients who may not easily tolerate the traditional intravenous method, because they have poor venous access or experience serious side effects from that method. Vivaglobin® also is appropriate for those who want the freedom and convenience of safe home self-administration of Ig replacement therapy. This convenient treatment option will require education to help patients properly manage their own therapy. BioRx will provide patient training, as well as the drug, infusion pump, needles, tubing and any other supplies needed for treatment. All patients who start on Vivaglobin® receive a patient starter kit to help manage their therapy. The kit includes helpful tools, such as administration guides, product information and a treatment journal. Typically, a patient requires approximately 3 or 4 educational sessions with a specially trained nurse before beginning self-administration independently. More information about Vivaglobin® at BioRx is available by calling 866-442-4679, or via email at [email protected] Important Safety Information As with all immune globulin products, Vivaglobin is contraindicated in individuals with a history of anaphylactic or severe systemic response to immune globulin preparations and in persons with selective IgA deficiency who have known antibody against IgA. If anaphylactic or anaphylactoid reactions are suspected, discontinue administration immediately and treat as medically appropriate. Vivaglobin is derived from human plasma. As with all plasma -derived products, the risk of transmission of infectious agents, including viruses and, theoretically, the Creutzfeldt-Jakob disease (CJD) agent, cannot be completely eliminated. In clinical trials, the most frequent adverse event was injection-site reaction, consisting of mild or moderate swelling, redness, and itching. No serious local site reactions were observed, and reactions tended to decrease substantially after repeated use. Other adverse events irrespective of causality included headache, gastrointestinal disorder, fever, nausea, sore throat, and rash.

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As with all immune globulin products, patients receiving Ig therapy for the first time, receiving a new product, or not having received Ig therapy within the preceding eight weeks may be at risk for developing reactions including fever, chills, nausea, and vomiting. On rare occasions, these reactions may lead to shock. Such patients should be monitored in a clinical setting during the initial administration. Ig administration can transiently impair the efficacy of live attenuated virus vaccines, such as measles, mumps and rubella. In clinical studies, administration of Vivaglobin has been shown to be safe and well tolerated in both adult and pediatric subjects. No pediatric-specific dose requirements were necessary to achieve the desired serum IgG levels. Safety and efficacy were not studied in pediatric subjects under two years of age. About CSL Behring CSL Behring is a global leader in the plasma protein biotherapeutics industry. Passionate about improving the quality of patients' lives, CSL Behring manufactures and markets a range of safe and effective plasma-derived and recombinant products and related services. The company's therapies are used in the treatment of immune deficiency disorders, hemophilia, von Willebrand disease, other bleeding disorders and inherited emphysema. Other products are used for the prevention of hemolytic diseases in the newborn, in cardiac surgery, organ transplantation and in the treatment of burns. The company also operates one of the world's largest plasma collection networks, ZLB Plasma. CSL Behring is a subsidiary of CSL Limited, a biopharmaceutical company with headquarters in Melbourne, Australia. For more information, visit www.cslbehring.com. About BioRx Based in Cincinnati Ohio, BioRx is a national pharmacy specializing in highly customized care for the primary immunodeficiency diseases (PIDD) community.. As one of the nation's fastest growing providers of IgG and other specialty pharmaceuticals, the company's clinical staff reaches patients and physicians in all 50 states. To learn more about BioRx and its products and services visit www.biorx.net. Contact: Judith Cline Tel: 866.44.BIORX Email: [email protected]

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License Holders : Case 3:08-cv-01493-JM-BLM

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Search Results for Nonresident Sterile Compounding
This information is updated Monday through Friday - Last updated: JUL-23-2008 To see all the information for a licensee, click on the highlighted name. This will also include disciplinary actions if any are present. Name Type Number Status Address City Zip County BIORX LLC NSC 99504 CLEAR 10828 KENWOOD RD CINCINNATI 45242 OUT OF STATE Record 1 First Previous Disclaimer All information provided by the Department of Consumer Affairs on this web page, and on its other web pages and internet sites, is made available to provide immediate access for the convenience of interested persons. While the Department believes the information to be reliable, human or mechanical error remains a possibility, as does delay in the posting or updating of information. Therefore, the Department makes no guarantee as to the accuracy, completeness, timeliness, currency, or correct sequencing of the information. Neither the Department, nor any of the sources of the information, shall be responsible for any errors or omissions, or for the use or results obtained from the use of this information. Other specific cautionary notices may be included on other web pages maintained by the Department. All access to and use of this web page and any other web page or internet site of the Department is governed by the Disclaimers and Conditions for Access and Use as set forth at California Department of Consumer Affairs' Disclaimer Information and Use Information.
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License Holders : Case 3:08-cv-01493-JM-BLM

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BOARD OF PHARMACY
Licensee Name: BIORX NON RESIDENT PHARMACY License Type: License Number: 819 License Status: CLEAR Definition Expiration Date: September 01, 2008 September 11, 2007 Issue Date: 10828 KENWOOD ROAD Address: CINCINNATI City: OH State: 45242 Zip: OUT OF STATE County: No Actions:

Related Licenses/Registrations/Permits
Number Name Type Status 99504 BIORX LLC NONRESIDENT STERILE COMPOUNDING CLEAR

Public Disclosure
No information available from this agency This information is updated Monday through Friday - Last updated: JUL-23-2008 Disclaimer All information provided by the Department of Consumer Affairs on this web page, and on its other web pages and internet sites, is made available to provide immediate access for the convenience of interested persons. While the Department believes the information to be reliable, human or mechanical error remains a possibility, as does delay in the posting or updating of information. Therefore, the Department makes no guarantee as to the accuracy, completeness, timeliness, currency, or correct sequencing of the information. Neither the Department, nor any of the sources of the information, shall be responsible for any errors or omissions, or for the use or results obtained from the use of this information. Other specific cautionary notices may be included on other web pages maintained by the Department. All access to and use of this web page and any other web page or internet site of the Department is governed by the Disclaimers and Conditions for Access and Use as set forth at California Department of Consumer Affairs' Disclaimer Information and Use Information.
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BOARD OF PHARMACY

Licensee Name: BIORX LLC NONRESIDENT STERILE COMPOUNDING License Type: License Number: 99504 License Status: CLEAR Definition Expiration Date: September 01, 2009 July 11, 2008 Issue Date: 10828 KENWOOD RD Address: CINCINNATI City: OH State: 45242 Zip: OUT OF STATE County: No Actions:

Related Licenses/Registrations/Permits
Number Name Type Status 819 BIORX NON RESIDENT PHARMACY CLEAR

Public Disclosure
No information available from this agency This information is updated Monday through Friday - Last updated: JUL-27-2008 Disclaimer All information provided by the Department of Consumer Affairs on this web page, and on its other web pages and internet sites, is made available to provide immediate access for the convenience of interested persons. While the Department believes the information to be reliable, human or mechanical error remains a possibility, as does delay in the posting or updating of information. Therefore, the Department makes no guarantee as to the accuracy, completeness, timeliness, currency, or correct sequencing of the information. Neither the Department, nor any of the sources of the information, shall be responsible for any errors or omissions, or for the use or results obtained from the use of this information. Other specific cautionary notices may be included on other web pages maintained by the Department. All access to and use of this web page and any other web page or internet site of the Department is governed by the Disclaimers and Conditions for Access and Use as set forth at California Department of Consumer Affairs' Disclaimer Information and Use Information.
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UGH!! HHC Problems AGAIN!!! - Parent-2-Parent & Reflux in Children Case 3:08-cv-01493-JM-BLM Document 31-5

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Parent-2-Parent & Reflux in Children > ~Reflux in Children and other GI Disorders Support Group~ > Tube Feeding Issues

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HHC Problems AGAIN!!!

Heather28

Join Date: Feb 2008 Location: Shreveport, LA Posts: 194

Today I called to order Mason's formula only to be told NO by the HHC. WHAT!!!! The lady told me they show they delivered 6 cases of formula two weeks ago. Therefore, they cannot deliver any formula. Two weeks ago they delivered 6 cans, not 6 cases! After going round and round with the lady, she said she would have to pull the delivery ticket. I told her I had a copy of the ticket and it showed 6 cans, not cases. Then she had the nerve to tell me that I must be reading the delivery ticket wrong and she is sure they delivered 6 cases!!! She said she would call me back this afternoon, which she did not! So, I called her and she was unavailable...HOW CONVIENENT!!! I am soooo furious!! Every single time I call for supplies or anything, it's a hassle to get what we

need. The bad thing about it is this is 1 of 2 DME companies that are in town and are in network for our insurance. The other company is not accepting any new patients due to them being overloaded. SO I'M STUCK! Hopefully, tomorrow, they will figure out their mistake. If not, I don't know what I am going to do! Sorry for the long post, just needed to vent! __________________

http://www.parent-2-parent.com/forum/showthread.php?p=933532

7/25/2008

UGH!! HHC Problems AGAIN!!! - Parent-2-Parent & Reflux in Children Case 3:08-cv-01493-JM-BLM Document 31-5

Page 2 of 12
Heather Wife to:

Filed 07/28/2008

Page 2 of 12

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Trey
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Mom to: Jenna - 10/25/02 - Perfectly Healthy!!!! Mason - 7/12/07 - Severe GERD, Plyroric Stenosis at 9 weeks (9/12/07), Nissen Fundoplication and Pylroplasty at 6 1/2 months (1/18/08), G-Tube Placement 2/14/08, Diagnosed with Failure to Thrive and Oral Adversion; Currently doing overnight feeds 35 ml/hour for 12 hours; Meds: Prevacid and Miralax

April 14th, 2008, 10:35 PM

#2
Re: HHC Problems AGAIN!!!

Claudia

We've been having some problems since switching DME but it's starting to settle down. The squeeky wheel gets the oil (or formula) so keep calling every 30mins. __________________
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Join Date: May 2005 Location: TX Posts: 5,334

Christopher my middle child 4yrs old 3mos 2weeks and 2days and now TPN again Dx: Autoimmune enteropathy, Crohn's Gtube feeds continuous Pediatric Vivonex Meds: imuran, entocort, prevacid, Vitamins flagyl, claritin, prednisone Matthew-- baby brother David --big brother 11yrs old Montage:
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April 14th, 2008, 10:39 PM

#3
Re: HHC Problems AGAIN!!!

kellymichelleg

I am sorry you are having trouble hope everything gets straightened out tomorrow. __________________

http://www.parent-2-parent.com/forum/showthread.php?p=933532

7/25/2008

UGH!! HHC Problems AGAIN!!! - Parent-2-Parent & Reflux in Children Case 3:08-cv-01493-JM-BLM Document 31-5
Mom to:

Page 3 of 12 Filed 07/28/2008 Page 3 of 12

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Thomas (5) all boy
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Kayla (4) all girl
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Leah (2) dx with Joubert Syndrome, low muscle tone, developmental delays, athsma, DGE, chronic constipation, oral dysfunction, sleep apnea, reflux, and many others. T&A in June 07 G-Tube place August 07 because of aspiration of liquids Takes: Flovent, Albuteral, Flonase, Miralax, Dairy free diet, O2 usually only at night with bipap, wears AFO's, Gets PT, OT, ST, and DT each once per week

April 14th, 2008, 11:36 PM

#4
Re: HHC Problems AGAIN!!!

goddessgretcho

Join Date: Mar 2008 Location: kansas Posts: 61

Sounds all too familiar!! Good luck getting it straightened out! __________________ Gretchen---mom to Heather 18(ADHD anxiety/depression) Aimee 15 Celia 10 dandy-walker syndrome, trach, hearing loss, cleft palate, dysphagia, reflux, aspiration, g-tube, fundo, npo, asd and left pulminary arterial stenosis, kidney defect, spina bifida, scoliosis, hip dysplasia, seizures, adhd, sensory issues, autistic "like" behaviors, vasomotor rhinitis
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full of life and oh so ornery!!
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meds-- prevacid, claritin, straterra, duoneb, pulmicort, mirilax, risperdal, flonase, atrovent
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April 14th, 2008, 11:43 PM

#5
Re: HHC Problems AGAIN!!!

utahjo2

Oh I feel bad for you! That is one of the reasons we switched hhc. I got so tired of calling them every single time, usually two or three times a week, trying to get them to do their job. I got sooo frustrated!

http://www.parent-2-parent.com/forum/showthread.php?p=933532

7/25/2008

UGH!! HHC Problems AGAIN!!! - Parent-2-Parent & Reflux in Children Case 3:08-cv-01493-JM-BLM Document 31-5
frustrated! __________________

Page 4 of 12 Filed 07/28/2008 Page 4 of 12

To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts. Join Date: Mar 2006 Location: Utah Posts: 804

Jo, Married 27! years. Grand mother to 2, age 2 and 6 months. Mom to six, 26, 25, 23, 20, 18 and Parker, age 10. Adopted as a 3 month old from Foster care, birth mother a multi drug user, including heroin, methadone and alcohol. Dx- FG syndrome, Autism, cognitive and developmental delays, chronic constipation, refractory epilepsy, Vagal Nerve stimulator, unknown immune problem causing serious infections, feeding problems since infancy. Food allergies, including milk and soy.

PEG tube placed Jan 15 Accidently yanked out on Feb 15 AMT mini one balloon placed Feb 16
Currently on Neocate One Plus, Kangaroo Joey Pump first, switched to the Zevex Infinity, yay! Continuous feeds at 70mls an hour. Increasing flow very slowly. Many medications, including 4 for his seizures. Parker's website:
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April 14th, 2008, 11:56 PM

#6
Re: HHC Problems AGAIN!!!

shannon132
Community Host of Tube Feeding Issues, Pre-school Years and Childrens Medical Matters

P2P Supporter:

I'm sorry. Keep on em! __________________
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Shannon Wife to Gabe 11/2/96 Mom to:
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Hannah 3/22/03 - Chronic ear infections as baby with tubes placed. Otherwise, perfectly healthy.
Join Date: Jun 2007 Location: Mountlake Terrace, WA Posts: 9,916 To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

Caleb 7/14/05 - Former 35 weeker: GERD, FTT, Chronic Constipation, Speech & language delay, developmental delays, Dysphagia & Sensory Processing Disorder. NG tube for 8 months; G-tube (Bard) since 7/11/07.
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7/25/2008

UGH!! HHC Problems AGAIN!!! - Parent-2-Parent & Reflux in Children Case 3:08-cv-01493-JM-BLM Document 31-5 April 15th, 2008, 03:01 PM
Momtojaxandboo
Re: HHC Problems AGAIN!!!

Page 5 of 12 Filed 07/28/2008 Page 5 of 12
#7

I sm so sorry. I would keep calling and calling. And then if she is not available I would ask to speak to her supervisor. That is ridiculous. I hate it when people argue with customers. All they need to say is I will look into it and get back to you. Not argue. Is it really that hard?? __________________ Hugs, Jessi
Join Date: Feb 2006 Location: Redding, CA Posts: 1,266 To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

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JoshuaTo view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

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Born at 25 weeks weighing in at 1 lb 8 ozs, and 14 inches long. Dx'd with Spastic CP of the left side, severe GERD, aspiration of all substances, failure to thrive. Fundo and 2nd Mickey button December of 07. Current Weight 30 lbs Height 3' 1" tall. Jaxson - 6 year old who has Autism, Bipolar, ADHD, Reactive Attachment Disorder and FAE.

April 15th, 2008, 03:10 PM

#8
Re: HHC Problems AGAIN!!!

Heather28

Well, I spoke with them right before lunch. Shockingly, they have figured out their mistake and will have the formula delivered tomorrow afternoon! Well, at least the problem has been fixed...until I need more supplies! __________________ Heather
Join Date: Feb 2008 Location: Shreveport, LA Posts: 194

Wife to:
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http://www.parent-2-parent.com/forum/showthread.php?p=933532

7/25/2008

UGH!! HHC Problems AGAIN!!! - Parent-2-Parent & Reflux in Children Case 3:08-cv-01493-JM-BLM Document 31-5

Page 6 of 12 Filed 07/28/2008
Trey Mom to:

Page 6 of 12

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Jenna - 10/25/02 - Perfectly Healthy!!!! Mason - 7/12/07 - Severe GERD, Plyroric Stenosis at 9 weeks (9/12/07), Nissen Fundoplication and Pylroplasty at 6 1/2 months (1/18/08), G-Tube Placement 2/14/08, Diagnosed with Failure to Thrive and Oral Adversion; Currently doing overnight feeds 35 ml/hour for 12 hours; Meds: Prevacid and Miralax

April 15th, 2008, 05:17 PM

#9
Re: HHC Problems AGAIN!!!

cori n wes mom
The Tender Grip Angel!!

P2P Supporter:

I would get a case manager with your insurance. We did that. Then when we have issues with what Apria won't give us, I call the case manager and she deals with them. __________________
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Sarah Mom to
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Corianne, former 33 weeker non stop talker 6 year old
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Join Date: Feb 2007 Location: Gladstone Missouri Posts: 7,810

Wesley, former 35 weeker fast as can be 2 year old. MSPI:Allergic Colitis: Nutramagin for 8 looooong months, Plagiocephally: Cute stinky helmet. Reflux, Bronchoscopy finding Strep pneumo and psudamonas, NEHI (Neuroendocrine Cell Hyperplasia of Infancy) a rare interstial lung disease confirmed DX with Open Lung Biopsy. DGE (anyone else tired of puke???
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) ASD resolving & Pulmonary Hypertension (resolved
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). Tubes 11/07. Prevacid, Reglan, Flovent, Albuterol if needed, Oxygen dependent 2L, & Peptamen Jr., CIB Juice & Boost Breeze to help weight, but oxygen has helped the most
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.
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Melissa, Born June 2nd 2008.
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7/25/2008

UGH!! HHC Problems AGAIN!!! - Parent-2-Parent & Reflux in Children Case 3:08-cv-01493-JM-BLM Document 31-5

Page 7 of 12 Filed 07/28/2008 Page 7 of 12

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April 15th, 2008, 05:30 PM

#10
Re: HHC Problems AGAIN!!!

mfertig P2P Supporter:

Glad you got the formula straightened out. I would call your insurance company and get a case manager. I would also let them know that the HHC was attempting to mis-bill them. That usually gets their attention. Also the insurance company should be able to give you a list of all the HHC's they will work with. Sometimes an out-of-town choice works better. __________________ Michele, Mother to Dante (3 yr old) - FTT since 4 mo. old, inability to swallow; NG for a yr followed by G-tube ; Graduated from Intensive Feeding Program in Richmond, VA on 3/21/08
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Join Date: Apr 2007 Location: Arizona Posts: 2,269

Cricopharyngeal myotomies (2) and botox Meds: Rondec, Singulair, Prevacid, Miralax

April 15th, 2008, 05:55 PM

#11
Re: HHC Problems AGAIN!!!

mumtoakl P2P Supporter:

Join Date: Dec 2007 Location: Lowell, Oregon Posts: 630

I have the opposite problem. Our insurance calls every month to see if Logan STILL needs his formula. Like he's going to outgrow all of his problems overnight. UGG. I'm glad you got it straightened out and I hope they don't do this to you again. __________________ Heather & Kevin July 2nd, 1996 Alyssa 10/18/98-30 wkr-abruption amblyopia Kaelyn 12/28/00-full term hypercalceuria Logan 8/30/05-33wkr-preeclampsia severe food allergies, eczema, ftt, reflux, malabsorption, oral aversions, dysphagia, feeding tube 4/17/08, autism dx'd 4/24/08, neocate jr w/duocal, atarax, prevacid capsules

http://www.parent-2-parent.com/forum/showthread.php?p=933532

7/25/2008

UGH!! HHC Problems AGAIN!!! - Parent-2-Parent & Reflux in Children Case 3:08-cv-01493-JM-BLM Document 31-5
April 15th, 2008, 06:20 PM

Page 8 of 12 Filed 07/28/2008 Page 8 of 12
#12

Jane P2P Supporter:

Re: HHC Problems AGAIN!!!

I would call around too. There is no reason why you have to stick with a local company. The company I deal with is hours away from me. They use a delivery company that delivers all over Long Island. If these companies start to realize that they will loose business if they don't straighten out, they might straighten out! Hope things go smoother next time. __________________ Jane Wife to Eric 3/19/95
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Join Date: Dec 2007 Location: Long Island, NY Posts: 222

Mom to Jake 9/19/97 Eosinophilic Eosophagitis and Enteropathy, NG tube 11/07, PEG 12/07. Mic-Key 3/08
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and Sarah 5/7/00 a princess in training
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April 15th, 2008, 09:46 PM

#13
Re: HHC Problems AGAIN!!!

srmina
P2P Moderator & Community Host of Special Sentiments, Tube Feeding Issues, and Motility Disorders

P2P Supporter:

Ugh! I agree with calling around. I was very surprised to find out that Nutrithrive (which is national by mail) took both of K's insurances. You should not have to put up with that kind of stuff. __________________ Susan, mom to Karuna (5yo)
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She has reflux, whole gut dysmotility, visceral hyperalgesia, and some sort of inflammatory bowel disease with multiple abscesses/fistulas. She also has Cerebral Palsy, Hypoxic-Ischemic Encephalopathy, Pancreatitis, Seizure Disorder, Autonomic Dysfunction, Pharyngo-laryngomalacia, Neurogenic Bladder and Voiding Dysfunction, and is Visually Impaired. She has a Broviac Central Line, GJ tube, Seton drain, caths, uses a foley at night, and is 100% TPN dependent.
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7/25/2008

UGH!! HHC Problems AGAIN!!! - Parent-2-Parent & Reflux in Children Case 3:08-cv-01493-JM-BLM Document 31-5 Join Date: Apr 2004
Location: Chicago Posts: 36,349

Page 9 of 12 Filed 07/28/2008 Page 9 of 12

Sameer (3yo)
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Former refluxer with asthma and a total terror! Check out my E-magazine:
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April 16th, 2008, 03:43 PM

#14
Re: HHC Problems AGAIN!!!

Momtojaxandboo

Join Date: Feb 2006 Location: Redding, CA Posts: 1,266

I am glad they got it all straightened out but I agree with everyone else its time to start calling around. I am working with Nutrithrive right now. I love my local HHC but they dont work with Zevex. We have a PET Pump and its not bad but now that we have beautiful sunny weather we go to the park in the afternoons and his pump is non stop beeps. So I want to get the infinity __________________ Hugs, Jessi
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JoshuaTo view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

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Born at 25 weeks weighing in at 1 lb 8 ozs, and 14 inches long. Dx'd with Spastic CP of the left side, severe GERD, aspiration of all substances, failure to thrive. Fundo and 2nd Mickey button December of 07. Current Weight 30 lbs Height 3' 1" tall.

http://www.parent-2-parent.com/forum/showthread.php?p=933532

7/25/2008

UGH!! HHC Problems AGAIN!!! - Parent-2-Parent & Reflux in Children Case 3:08-cv-01493-JM-BLM Document 31-5

Page 10 of 12 Filed 07/28/2008 Page 10 of 12

Jaxson - 6 year old who has Autism, Bipolar, ADHD, Reactive Attachment Disorder and FAE.

April 16th, 2008, 07:22 PM

#15
Re: HHC Problems AGAIN!!!

utahjo2

Jessi, you will LOVE the infinity. It has given Parker a real sense of freedom his Joey had taken from him. __________________
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Join Date: Mar 2006 Location: Utah Posts: 804

Jo, Married 27! years. Grand mother to 2, age 2 and 6 months. Mom to six, 26, 25, 23, 20, 18 and Parker, age 10. Adopted as a 3 month old from Foster care, birth mother a multi drug user, including heroin, methadone and alcohol. Dx- FG syndrome, Autism, cognitive and developmental delays, chronic constipation, refractory epilepsy, Vagal Nerve stimulator, unknown immune problem causing serious infections, feeding problems since infancy. Food allergies, including milk and soy.

PEG tube placed Jan 15 Accidently yanked out on Feb 15 AMT mini one balloon placed Feb 16
Currently on Neocate One Plus, Kangaroo Joey Pump first, switched to the Zevex Infinity, yay! Continuous feeds at 70mls an hour. Increasing flow very slowly. Many medications, including 4 for his seizures. Parker's website:
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April 16th, 2008, 09:35 PM

#16
Re: HHC Problems AGAIN!!!

Momtojaxandboo

Quote:

Originally Posted by utahjo2 Jessi, you will LOVE the infinity. It has given Parker a real sense of freedom his Joey had taken from him. I am really sick of the PET these last 2 days it has been nothing but alarms. we have been more active so the drip chamber on the PET is being picky. I am just ready to scream.. __________________ Hugs, Jessi
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Join Date: Feb 2006 Location: Redding, CA Posts: 1,266

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7/25/2008

UGH!! HHC Problems AGAIN!!! - Parent-2-Parent & Reflux in Children Case 3:08-cv-01493-JM-BLM Document 31-5

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JoshuaTo view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

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Born at 25 weeks weighing in at 1 lb 8 ozs, and 14 inches long. Dx'd with Spastic CP of the left side, severe GERD, aspiration of all substances, failure to thrive. Fundo and 2nd Mickey button December of 07. Current Weight 30 lbs Height 3' 1" tall. Jaxson - 6 year old who has Autism, Bipolar, ADHD, Reactive Attachment Disorder and FAE.

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7/25/2008

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