Former LBJ radiologist wants redress for alleged “illegal termination”
Pago Pago, AMERICAN SAMOA — Mr. Vaanatiu Tofala Iafeta, former manager of Radiology at LBJ Medical Center after being terminated in August 2023, has written to the LBJ Medical Center Chief Executive Officer Dr. Akapusi Ledua to follow up on his grievance and appeal request for what he alleges is “the illegal termination” of his contract.
In his letter, dated Nov. 1, 2023, Mr. Iafeta addresses his termination as happening without being “afforded or given the courtesy of an explanation hearing, or a discussion regarding the unwarranted and drastic termination although a request was made.”
He claims “LBJ engaged in EEO [Equal Employment Opportunity] discrimination, bullying tactics, defamation, intimidation, allegations and retaliation.”
Mr. Iafeta was given a letter of termination without cause.
At the time, the LBJ CEO told Samoa News that LBJ had no obligation to mention a cause. "His termination is without cause according to his contact.
“LBJ has no obligation to have a cause and is not willing to explain the cause of his termination.
"His contract can be terminated without cause, meaning LBJ is not willing to reveal the cause or to say the cause.
“What I can say, it is in the best interest of LBJ, and his visa." (Dr. Ledua did not explain what he meant by ‘visa’.)”
Mr. Iafeta said in his Nov. 1st letter, “I have faithfully and diligently served my contract for the betterment of LBJ TMC and people of American Samoa.” He notes that he was recruited from Arizona state as a contract employee in Jan. 2003 and is a US licensed American Registry of Radiologic Technologist (ARRT), and has served the people of American Samoa for 20 years with “unconditional commitment and loyalty”.
He notes that he is US military retired, and was born in Manu’a..
The former LBJ radiologist manager claims he was illegally terminated and questioned whether it was in the best interest of LBJ that they now have only one ARRT [American Registry of Radiologic Technologists] on staff for a 150-licensed bed facility, and that their ‘acting’ manager does not have a US ARRT license, “which is a requirement for the Center for Medicare & Medicaid Services (CMS) …”
Identified as Mr. Mapuitiga Talo, by Dr Ledua, the acting manager is a radiographer, which is also called a radiologic technologist — they are health care professionals who operate special scanning machines that make images for medical purposes. They use equipment like X-ray machines, CT scanners, and advanced technologies such as digital fluoroscopy. Radiographers often pass their findings on to radiologists, who interpret the images to help make a diagnosis.
Mr. Iafeta says his problems started in January 2023 when the LBJ Board members, then LBJ CEO Moefa’auo William T. Emmesley, Jr., then Acting CMO Dr. Ledua, Management and LDS volunteer doctors during a board meeting revealed concerns they had with the Radiology Department and passed a resolution to investigate him for “the five preventable deaths as alleged by Dr. Harold Walker.”
He points out, however that “to this day, no one, NO ONE lifted a finger to communicate to me or Chief Radiologist Dr Gary Bernabe so we can address these issues.”
It was during this meeting that according to Mr. Iafeta that “Dr. Walker, a US Board Certified Interventional Radiologist (IR), with almost 40 years of expertise made the grave allegation the 5 preventable deaths he found after he reviewed unread CT images when he arrived.”
Mr. Iafeta claims that the Board did not follow through with “this horrid incident report” and says they had an obligation to do so, “but found it more important to do witch-hunts and go after innocent employees.”
He states that “Your lacking sense of urgency to investigate the alleged 5 preventable patient deaths has shown that you do NOT have the grasp of lifesaving procedures, priorities and compassion for HUMAN LIVES and you are NOT advocates for the safety, ethical, and patient quality care and practices for our people.”
He further claims that the board “were not interested in solving the problems of radiology or finding out the causes of these deaths or allegations so it would not happen again.”
Mr. Iafeta says when LBJ took his termination publicly to Samoa News and other news outlets in August, it was with the intention of defaming his professional character and he takes issue with comments posted in response to the Samoa News article published on Aug. 21, 2023 about his termination.
Samoa News should point out that LBJ Medical Center or Board only responded to questions from Samoa News after news about his termination surfaced online. It should be noted that in his response, Dr Ledua said, other information concerning personal details of the employee couldn't be divulged and as previously noted the reason for his termination would not be revealed — other than he was “terminated without cause” as permitted under his contract.
The former LBJ Manager of Radiology also explains that the issue of 5 preventable deaths should involve the CEO, CMO, CFO, MIS, QA, all physicians, Compliance Officer, CMS Officer and the Radiology Department — not just him — “but instead of investigating properly, you served me a termination letter.”
He accuses the LBJ of a cover-up of the deaths, saying “these are major malpractice allegations.” And that “LBJ have [sic] the obligation to notify families of these preventable deaths of their loved ones.”
Mr. Iafeta states that “Dr. Walker needs to provide proof of these serious allegations, 5 preventable deaths, if not, he must publicly apologize to all employees of LBJ.”
He asks that his Nov 1st letter be accepted as “my written Incident Report (IR), complaint, or grievance on these 5 preventable deaths of my people and conduct a long overdue and thorough investigation.”
The letter goes on to point out the lack of Executive accountability, in particular of CEO Dr. Ledua and also accuses CFO Sefanaia Kaumaitotoya of “conflict of interest actions” as an example of “the best interest of the hospital as defined by the Board and you CEO Ledua [sic].” He also lists what he calls fiscal irresponsibility by the CEO and Board as part of their “best interests”.
Mr. Iafeta concludes his letter with six points as the solution to his complaint. They are:
1. Conduct a thorough investigation at LBJ for the 5 preventable deaths as reported by Dr. Walker, and I will request my representative to actively look into this matter with the Fono Health Committee.
2. Dismantle this Board immediately, and replace it with compassionate and professional members of the community who understand the role, duties, and responsibilities of being a member of the hospital Board.
3. Provide a review of practice and procedures to address the failings identified in the investigation report, and produce an action plan to achieve improvement for patient safety and quality care.
4. Make sure the Board ensures policies are in place to engage in proper clinical risk management, and complaint management for preventable deaths instead of interfering in hospital operations.
5. Rescind all the wrongful and unlawful decisions of this Board and Management.
6. Reinstate me back to my position OR PAY OUT THE REMAINING 10 MONTHS OF MY CONTRACT.
He CC’d his letter to the governor, lt. gov. Senate president, House speaker, Fono Distribution List, and CMS- Region 9.
In response to Mr. Iafeta’s letter, Samoa News received the following after asking for comments about the letter, from the Chairman of the LBJ Board of Directors, Dr. Malouamaua Tuiolosega.
"The Board is aware of the letter from Toafala Iafeta.
“The Board takes all allegations of misconduct seriously and has initiated an investigation in to the issues raised.
“The Board would like to clarify that the allegations regarding CFO Sefanaia Kaumaitotoya are completely without merit.
“CFO Kaumaitotoya recused himself from the transactions at issue and has taken no part in the selection of the contractor for the Finance Office Renovations.
“The remaining allegations are under investigation and the Board cannot comment until those investigations are completed."