While bureaucrats, politicians and insurers fiddle, a policeman could die

This story in today's Miami Herald is outrageous and should have people up in arms. Darryl Smith a 20-year veteran of the Miami police force was critically injured in car crash while working two years ago. After a long re-hab Officer Smith came back to work.

Unfortunately his crash injuries complicated other health issues namely Smith's diabeties and the officer subsequently got kidney failure. The officer is facing financial ruin and even death as all these idiots in Miami quarrel over who is responsible for Smith's medical bills. He could have to stop dialysis. I know for a fact if someone stops dialysis voluntarily or involuntarily it can kill the person in a matter of days. It did with my father 8 years ago after he chose to discontinue it. My dad died in a week.

This is no time for foot dragging. Officer Smith dedicated his life to protecting others and its time for him to get the protection he needs. Before its too late.

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Darryl Smith, a 20-year veteran of the Miami Police Department, is applying for Medicaid -- and praying.

He shouldn't be impoverished and shouldn't need help with healthcare, his attorney says, not after faithfully paying into the police union's health insurance plan his entire career.

But more than six months after Smith was promised he would get the care he needed, no bills have been paid. And now he is stuck waiting for a judge to make a decision about his life.

''Since the doctors have not been paid for over a year, they advised him that they will now have to suspend [kidney] dialysis because of lack of payment,'' Smith's attorney, Suzanne Gorowitz, wrote the city this month. ``This falls squarely on your shoulders as you are now jeopardizing Mr. Smith's treatment, his health, and frankly, his life.''

Some city officials were stunned Wednesday to hear that Smith's bills, the subject of a Herald story in April, still weren't being paid.

''I think it's a bunch of damn baloney,'' said City Commissioner Johnny Winton. ``If a judge is going to decide all this other stuff, hallelujah. In the meantime, we need to help our man, the policeman.''

Smith's trip through healthcare hell began on his way to work early on the morning of July 30, 2003. A drunken driver crossed the median on South Dixie Highway and hit him head-on, causing his police cruiser to burst into flames.

As police officers from Miami and Coral Gables battled the fire with extinguishers, a Gables firetruck arrived but couldn't pump water. Smith was trapped in the car, his legs burning, until a Miami firetruck arrived two minutes later and put the fire out.

Smith spent almost six months recovering from his injuries. He returned to work as a traffic homicide investigator in February 2004. The city paid for his medical care until he came back.

Then diabetes, which he had controlled for years with a couple of pills, flared up. His kidneys failed and he began losing his toes. His health insurance wouldn't pay his bills.

DISPUTE

The insurer argued that the diabetes had flared up because of his injuries in the car accident, and Smith's treatment should be paid for by the city's worker compensation coverage.

The city argued the diabetes was a separate medical condition that had nothing to do with the car crash or his job.

When The Herald wrote about Smith's plight in April, pressure mounted on the insurance company and the city to resolve their differences. An agreement was worked out -- or so everyone thought.

''I thought that was resolved,'' City Commissioner Joe Sanchez, a former state trooper, said Wednesday. ``I will look into that. I know him. I know that he's served us well.''

The problem is that the city hasn't signed the agreement.

''The city is refusing to sign an agreement that they came to the board and made with us,'' said Bob Klausen, attorney for the FOP Trust, Smith's insurer.

Assistant City Attorney Richard Otruba said he would ''prefer not to comment,'' but said the city would pay Smith's bills if a judge rules it has to.

''As we always do, we'll comply with any judge's order,'' he said.

While the two sides bickered, Smith struggled to keep up his mortgage payments. Collection agencies called his house. His doctors treated him for free. Smith hired Gorowitz to sue for workers' compensation coverage.

JUDGE TO RULE

The case has already gone to trial, but the judge hasn't ruled, Gorowitz said. In the meantime, Smith has applied for Medicaid, but it's not clear if he'll be eligible because he has health insurance.

'On the last meeting I had with the city, the city attorney told me, `You know either way these bills will be paid,' '' Smith said. ``But I'm getting collection notices now. People aren't delivering me my medicine because I have a bill with them.''

Miami Police Chief John Timoney also was surprised that Smith's bills weren't being paid.

''I'm a little disturbed that we're still where we were back in April,'' Timoney said. ``There's enough fakers [out there], but this guy couldn't wait to get back to work. That drives me crazy. That's wrong.''

In April, police officers set up a fund to receive donations, but Smith says he has spent most of the $38,000 collected for medicine and mortgage payments.

''I have to buy one medication at a time and try to time it to where only one runs out at a certain time,'' he said.

EMBARRASSED

Speaking from his home, where he spends most of his days in bed, Smith said the bills piling up embarrass him. After years of working hard, applying for Medicaid embarrasses him. Taking charity from strangers embarrasses him. And he began to cry.

''The first thing they teach you when you get to the city of Miami is that you're family,'' he said, haltingly. ``If they're doing this to me, what are they going to do to other officers who get in this situation down the road? Don't let another officer go through this. This is pure hell.''