Families file lawsuit against Pa. health network alleging misdiagnosis of Munchausen by proxy
All of the families said they first fought to get their kids back. Now they're fighting in the courts.
PHILADELPHIA (WPVI) -- A lawsuit has been filed against Lehigh Valley Health Network and its doctors.
The network is accused of misdiagnosing families with medical child abuse.
In all of the cases, one or both of the parents were accused of Munchausen by proxy (MSP), which is a form of child abuse where the caretaker of a child either makes up fake symptoms to make a child appear sick or causes them to be sick.
SEE ALSO: Munchausen syndrome by proxy diagnoses under question in Lehigh County
All of the families said they first fought to get their kids back. Now they're fighting in the courts.
The parents say their children have complex medical conditions.
"Diagnosed him with mitochondrial disorder," said Kim Whitaker. "That was around 3 years old."
The families told the Investigative Team they've spent years going to specialists including the world-renowned Children's Hospital of Philadelphia.
READ MORE: Doctor accused of misdiagnosing families with rare form of medical child abuse reassigned
Civil attorney Francis Alexander Malofiy is representing the families.
"These are cases where it's not a simple pediatrician that can make a diagnosis," he said.
The families all told us they had their children taken away by County Child Protective Services in the Lehigh Valley and were accused of Munchausen by proxy -- an extremely rare disorder.
And they said spearheading the removal and diagnosis of Munchausen was Dr. Debra Esernio-Jenssen, the former head of the Child Advocacy Center at Lehigh Valley Health Network, who was responsible for investigating child abuse.
READ MORE: Pediatrician: 'Crazy' that Pa. mom diagnosed with medical child abuse
"At the time, it all just seemed like a really big mistake," said Whitaker.
Hazel and Willow Feeney told the Investigative Team they were 11 and 17 years old when they were removed from their family in 2021.
"I was terrified," said Hazel Feeney.
"My parents my whole life had done the best they could to take care of me and my sisters and there was no way that could ever possibly be true," added Willow Feeney.
The maze of doctor visits, diagnoses, and treatments for these families seems as complex as some of the medical conditions they said the children have.
But what is clear is in all four cases the courts never adjudicated and ruled. And when the families fought to regain custody, the counties closed the cases and returned the children.
"There's no, I'm sorry. It's just alright. We'll let you go. Bye," added Malofiy.
"What are they doing? They're never going to court and making their claim. They're never sitting through cross-examination, they actually bail out with their tail between their legs," he said.
None of the accused say Dr. Esernio Jenssen interviewed them before her Munchausen diagnosis.
"It impacted me mentally, physically, financially," said Stacy Feeney one of the accused mothers. "You're afraid to go anywhere. To talk to family. There is nothing to say."
We first began investigating the cases after Lehigh County Controller Mark Pinsley reached out to Action News. Pinsley later released a report finding an alarming number of Munchausen cases in the Lehigh Valley and calling for a county investigation.
He found one-third of all cases in the state during a five-year period ending in 2021 were in the Lehigh Valley.
"She is overzealous in her diagnosis of medical child abuse," said Pinsley. "We need to have a third party come in and actually investigate."
The report led to protests.
And Malofiy said before Dr. Esernio-Jenssen and her team make a Munchausen allegation, they should discuss previous diagnosis and treatment with prior seen specialists, which he claims never happened.
"It's that doctor that should be looked at if there's a question about medical treatment and care that the parents were following," said Malofiy.
Dr. Esernio-Jenssen and Lehigh Valley Health Network declined an on-camera interview. The health network also said it could not comment on specific cases.
In August, when we first reached out about the report, the health network released a statement defending the doctor, saying in part, "...child protective medicine is often the unfortunate target of emotionally driven and unsubstantiated criticism. And that a multi-layered process is in place to ensure safety of children."
But a week later, the hospital announced that after a year-long search, it named a new director of the Child Advocacy Center responsible for investigating child abuse. As for Dr. Esernio Jenssen, the statement at the time said she was "providing care part-time in other network locations."
"We got to make sure there's no more families that get tortured by her," added Michael Kwiatkowski who is Willow and Hazel's father.
Dr. Esernio-Jenssen and the hospital network face additional lawsuits filed in the court that are related to her diagnosis of child abuse, but they're not Munchausen cases.
The hospital continues to defend its practices.
Lehigh Valley Health Network Statement - February 13, 2024:
"While we cannot comment on specific details of active litigation, we share the following statement:
At Lehigh Valley Health Network, we are guided by our mission to heal, comfort, and care for the people of our community. As health care professionals, we bear the responsibility of keeping children safe and healthy, which includes reviewing and reporting suspicions of child abuse and neglect. Like all healthcare providers and caregivers in Pennsylvania, we are required by law to report suspected child abuse and we take this responsibility seriously. Early recognition of abuse can be lifesaving and our clinicians remain committed to caring for and protecting our patients."
Lehigh Valley Health Network Statement - October 2, 2023
"The safety and protection of children is of the utmost importance and the reason the CAC exists - it's a thorough and multilayered approach to evaluating suspected cases of child abuse or neglect. The Center serves Lehigh County's most vulnerable children and their families through a multidisciplinary community partnership that provides evaluations, treatment, and a coordinated response to promote justice. The center adheres to the National Children's Alliance model and our caregivers provide a thorough medical evaluation, which is taken into account with other evidence presented to the judicial system or Child Protective Services. Our caregivers do not make any final determinations about guardianship, nor is any final determination about guardianship made unilaterally, which is why the coordinated, multilayered process we have in place is critical to ensuring the safety and protection of children."
"Sarah Kleinle, DO, was named Medical Director of the John Van Brakle Child Advocacy Center (CAC) after a nearly year-long national search. Dr. Kleinle officially started her new position earlier this month.
Dr. Kleinle will lead the team of physicians responsible for performing medical evaluations for children who are referred to the CAC. The CAC serves Lehigh County's most vulnerable children and their families through a multidisciplinary community partnership that provides evaluations, treatment and a coordinated response to promote justice.
Dr. Kleinle completed her medical degree at Philadelphia College of Osteopathic Medicine, her residency in pediatrics at Crozer-Chester Medical Center and her fellowship in child abuse pediatrics at Cooper Hospital-University Medical Center.
Dr. Kleinle assumed the role formerly held by Debra D. Esernio-Jenssen, MD, who dedicated many years of service at the CAC.
Dr. Esernio-Jenssen will be providing care part time in other network locations."
Lehigh Valley Health Network Statement - August 21, 2023
"There is no greater responsibility than ensuring the safety and protection of children. Lehigh Valley Health Network (LVHN) is diligent when it comes to caring for children at the John Van Brakle Child Advocacy Center (CAC). The center exists to serve Lehigh County's most vulnerable children and their families through a community partnership that includes the District Attorney's Office, Lehigh County Office of Children & Youth Services, the Allentown Police Department, and Crime Victims Council of the Lehigh Valley.
Due to the sensitive nature of their work, physicians specializing in child protective medicine are often the unfortunate target of emotionally driven and unsubstantiated criticism. The Lehigh County Controller has no jurisdiction over the CAC, nor the clinical credentials to conduct a review of a clinician or the services rendered by a clinician - and we disagree wholeheartedly with the controller's conclusions being shared with the media.
Here are the facts:
Dr. Debra Esernio-Jenssen, MD, is board-certified in child protective medicine. She does not initiate child abuse cases. Cases of suspected abuse are referred to the CAC through the state reporting system. At the CAC, when Dr. Jenssen and her team evaluate a case, they collaborate with the child's medical team. The vast majority of the time they do not find evidence of child abuse, which is consistent with national averages.
LVHN clinicians do not unilaterally make the final determination whether child protective services intervention is appropriate in cases of alleged child abuse or neglect.
A medical examination is one component among many factors, including evidence, photos, and witnesses that are considered by the judicial system or child protective services, who ultimately make the final decision about protective services.
The Controller ignores the fact that Munchausen's by proxy perpetrators can have more than one victim.
Had the controller followed the typical audit process, we would have provided these details.
Our community relies on us to heal, comfort, and care for them, especially in their most critical time of need. That remains our focus.
It takes courage for child abuse victims and their families to come forward. We encourage anyone who has concerns about child abuse or neglect to contact law enforcement or ChildLine (1-800-932-0313)."
