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Legal View with Ashleigh Banfield

Federal Investigation Reveals Clinic That Treated Joan Rivers Made Big Mistakes; George W. Salutes His Father During Book Unveiling

Aired November 11, 2014 - 12:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


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ASHLEIGH BANFIELD, CNN NEWS ANCHOR: A federal investigation reveals that the New York clinic that treated comedian Joan Rivers apparently made some pretty massive mistakes.

Medical examiner ruled last month that Ms. Rivers died of "therapeutic complications" during a procedure to evaluate her voice changes and stomach reflux. And as our Jean Casarez tells us the federal agency looking into the matter says things were far from routine.

(BEGIN VIDEO CLIP)

JEAN CASAREZ, CNN NEWS CORRESPONDENT: A probe into the Manhattan clinic where famed comedian Joan Rivers was treated before he death reveals that they made mistakes.

A 22-page report issued by the Centers for Medicare and Medicaid Services found a list of disturbing issues during Rivers' procedure including staff members snapping a photo of Rivers while she was sedated, violating the faculty's policy on use of personal cell phones in any patient areas.

The CMS report quotes that staff member saying, "Maybe patient number one would like to see this in the recovery area." Rivers' name is not mentioned in the CMS report and CMS would not confirm the person referred to only as patient number one is Rivers. However, the report matches the date, circumstances, and age of the late comedian.

Other disturbing details outlined by CMS found the clinic failed to identify Rivers deteriorating vital signs and failed to consistently document the dose of the sedative Propofol. Failed to get Rivers' informed consent for each procedure performed, and failed to ensure that she was cared for by only authorizes physicians.

Yorkville Endoscopy addressed the report in a statement that says in part, "In response to the statement of deficiencies, Yorkville immediately submitted and implemented a plan of correction that addressed all issues raised."

UNIDENTIFIED FEMALE: How are you doing Melissa, we're so sorry.

CASAREZ: Melissa Rivers' lawyers address the findings saying, "Ms. Rivers is outraged by the misconduct and mismanagement now shown to have occurred before, during, and after the procedure." Now, her lawyers say Melissa is working toward ensuring that what happened to her mother doesn't occur with any other patient.

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BANFIELD: That's CNN's Jean Casarez setting the stage for us and our legal view of this case today and joining me now HLN Legal Analyst Joey Jackson, CNN Legal Analysts Sunny Hostin and Mel Robbins.

So, this is pretty scathing, guys. This is pretty ugly stuff, it's now sort of official, with all the paper, lots of allegations beforehand. Is this one of those bring your wheelbarrow? It just looks like a slam dunk for a civil case.

MEL ROBBINS, CNN LEGAL ANALYST: Well, this is a report from the federal government from the Center for Medicare and Medicaid and basically when somebody dies in a facility, it triggers an investigation, Ashleigh and to whether or not this facility can continue to be eligible for Medicare and Medicaid.

And this report basically hands the attorneys in this case a slam dunk. It is blistering and I would imagine as these here we're going to talk about the potential damages in this case could be astronomical.

BANFIELD: Well, we'll talk about that and also going to talk about the potential criminal liability here as well in a moment. But I want to know what this means when you say slam dunk because Joan Rivers may have been elderly, but she was still booking out clubs, she's still had a vibrant career, she still have a lot of earning potential ahead of her, and usually in a civil case, that is critical, what's your earning potential that was just lost.

ROBBINS: Well she was booked solid, Ashleigh for the next year or two. I mean, she had $75 million in the bank and many of us could argue that she was at the apex of her career. And so I'd be surprised if there's a settlement in this case because this report is so detailed and this list of things that they did that were not only negligence but also just downright illegal in some regards seems to me to be the kind of case that you put this in front of a jury, you have a beloved celebrity who dies under these circumstances, is booked solid for upcoming years as a new television show --

BANFIELD: Hundreds of millions?

JOEY JACKSON, HLN LEGAL ANALYST: It goes back to back wheelbarrow, you would talk about that.

BANFIELD: That's what I said. You'd have to bring your wheelbarrow --

(CROSSTALK)

BANFIELD: Talk to me about the criminal aspect here and whether there is something down the pike that looks even more dangerous than this wheelbarrow full of money they might have to hand out.

SUNNY HOSTIN, CNN LEGAL ANALYST: Well, you know, I think Joey knows and Mel knows as well I was sort of hang up high Hostin as a prosecutor. Everyone knew that I was going to go for it.

I -- When I look at this kind of case, very tragic I think it's a very strong civil case, I don't see criminal liability here, and coming from me, I know that means a lot. I think when I look at it, we're not in the Conrad Murray type case. We're not in the intentional type case --

BANFIELD: Propofol was used.

HOSTIN: Yeah, but I think what we're talking about is criminal negligence and would be sort of a criminally negligent case --

BANFIELD: So, yes, that's it.

JACKSON: Now, this is interesting.

HOSTIN: I don't see that so special.

JACKSON: Ashleigh, this is interesting.

BANFIELD: OK.

JACKSON: I'm the defense guy. She's the prosecutor, right? Everyone's guilty, OK?

BANFIELD: Yeah.

JACKSON: And in this sense, I mean I have a little parting of ways here, because, you know, will there be a criminal prosecution, that's a separate question, potentially not. But there is a potential for criminal prosecution, why? If you look at the Conrad Murray case, Michael Jackson of course, Propofol, we talk about gross negligence and when you look at New York state law, it talks about criminally negligent homicide.

BANFIELD: Yeah.

JACKSON: And what is that? It's homicide where there's criminal negligence.

HOSTIN: But it has to be so beyond the pail (ph), I mean, we can all agree with Propofol is somewhat --

ROBBINS: But the thing is though is that there are somehow --

HOSTIN: -- like Conrad Murray would already be on the pail. Yeah.

ROBBINS: -- reporting that this report actually says that her personal doctors stepped in and said, "Me first." And so --

JACKSON: Yes. And it should have even been in the room.

ROBBINS: Correct.

BANFIELD: Right. But I -- JACKSON: Was not authorized to be there. You -- When you don't even

take the weight of your patient such that you can give the appropriate amount of dosage of medication, that's a problem but you don't see that your patient --

HOSTIN: Are we still beyond the pail or are we at criminal negligence. Are we seeing so beyond the --

JACKSON: Potentially.

ROBBINS: Potentially.

BANFIELD: The folks have actually make those decisions and they'll settle this and then we'll have to figure out whether that can actually happen.

JACKSON: And when they get that report that Mel was speaking to, they maybe motivated to do this --

ROBBINS: 22 pages of offense --

HOSTIN: Oh, I'm the only one that thinks no criminal prosecution. Shocking.

BANFIELD: I'm going to hi-jack the conversation only because it's Veterans Day and by the way, you know, hats off to all our veterans out there.

JACKSON: God bless the veterans, Ashleigh.

ROBBINS: Absolutely, veterans.

BANFIELD: You know there's about 20 million of them (inaudible)

HOSTIN: My uncle and my first cousin.

BANFIELD: That's great, right?

HOSTIN: Yeah, they're the best.

BANFIELD: Hats off to them as well. And two of those 20 million Americans, two very important ones are in college education right now, they're in a theatre and there's one of them, front and center. Bush 41 about to get a salute from his kiddo, Bush 43. Ahh, he's already in laughing mode.

OK, we're going to squeeze in a quick break so that we can hear what the son has to say about the dad and what he's -- no, you know, what let's not do the break. Let's listen in.

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GEORGE W. BUSH, 43RD UNITED STATES PRESIDENT: Excuse me, I'll tell the story about -- so she passed away right after the '92 election which I did made the '92 election results show even tougher and dad and Daryl, my sister go to see Yani (ph), that's what we call her and they opened up a Bible and she was actually reading a Bible verse to her and asked Bill these letters that he had written to her from the war zone.

And they were very close and she's an angelic person. Very competitive he loves to say. It's kind of a -- runs heavily in our gene pool competition. And -- But, yeah, she's a sweet, sweet lady. Unfortunately, she got (inaudible) really forced him to be raised (inaudible).

ANDREW CARD, FORMER CHIEF OF STAFF: And you were fortunate to be raised by as well.

BUSH: My mother, well you don't know Andy, I mean you're stretching it a little bit. You know, so I used to say in these campaigns, I had my daddy's eyes and my mother's mouth and you're learning why I said that.

CARD: But I was touched early in the book you described how your dad wrote a letter to his girlfriend and he said, I want you basically be the mother of my children.

BUSH: Yeah.

CARD: And what wonderful children they produced.

BUSH: Well, I'm glad. No, that's right. Dad, I'm -- there's letters of that dad has written scattered throughout the book. He's a great letter writer. And it seems to be a lost art. So maybe one of the things this book will do is remind people how important writing letters are.

But it's scattered throughout the book. It's a series of letters. Some of which he wrote to mom, some of which he wrote to all of us, some of which he wrote me when I was president. And it mattered and (inaudible) it mattered to be able to get, you know, these notes from dad or phone calls from dad because in that he was president he knew what the pressures of the job were like and he knew moments can be, you know, very trying and to have him interject some humor and/or a love note really made a huge difference during my presidency.

You know, look I recognize (inaudible) about our relationship but it's not exactly are lost in here in this family. But, anyway it's a -- there was a -- but people don't -- can't possibly comprehend and hopefully this book, one reason I've written it is to help people understand better that when you admire somebody as much as (inaudible) admired George H.W. Bush and he offers help and/or comfort, it means more than any advice that you can possibly give.

I'm going to ask to have my, you know, I was in the post-presidency and during the presidency, are you calling him for advice and in the book I make it clear that, you know, not really. And it shocks people to hear that and one reason why is that I said, "Help, I need your advice," he would have said, "Send your (inaudible) first." This is the man who had made presidential decisions. He knows you don't make presidential decisions off the cuff. Ms. Andy will testify we got plenty of opinions of the cuff. What you wanted is listen to people and know what the hell they're talking about like Ryan Crocker, for example. And when you're president you've got enormous resources at your disposal and helped me make informed decisions. Well, George H.W. Bush knew that better than anybody. And so he has great contributions to my presidency was the comfort he provided.

And by the way, I had to comfort him at times because our roles got reversed. I was miserable the times when he was president and didn't handle it very well. And mother used to call me and say, "You need to call your dad." And I say, "I'm not pressing this point. Why?" Because he just some editorial and he's upset and I called him and he say, "Can you believe what they said about you?" And I'd say, "Dad, don't worry about them and I'm fine. I'm doing fine."

And so, our roles got reversed in kind of a unique way in this book. I think I'll bring it to life of the presidency from a father and son perspective, you know, to you. And that a story that only one person can tell.

CARD: This book is a biography of your dad.

BUSH: Yeah.

CARD: A little bit of a biography of your mother. It's an autobiography of you. But it is also a unique story about how to carry burdens, how to deal with failure, how to be humble in success. And your parents had a lot of failure, they had a lot of struggle.

BUSH: Yeah, they do.

CARD: And that has an impact on you growing up and losing a sister.

BUSH: Yeah.

CARD: Being involved in the challenge of moving and different jobs, whatever. Can you talk about some of that aspect from the book that you've --

BUSH: Well, so here's a guy who runs for senator of Texas twice and loses and runs for President in the United States and the primary gets Ronald Reagan and state of Texas and loses. Ends up being president and all the time was still a great father. (inaudible) defeat didn't define George Bush or something greater in life than, you know, talking of political victories or political losses. It taught me (inaudible) that, you know, you don't need to fear failure. If you feel failure, you know, it clogs you to make decisions that, you know, probably prevents you from living life to the fullest.

And George Bush is a great risk taker. I mean, running for the Senate in '64 was risky, nobody even heard the guy, you know. He's coming out of (inaudible) trying to get for Ralph Yarborough. Of course there's a lot of races you can't win. I mean, there's a -- this is kind of like golfing away, if you don't get enough shrugs you can't win the contest on the first take. He couldn't win that race in retrospect. The (inaudible) landslide end (inaudible) landslide against (inaudible) made it impossible to win but nevertheless he run. And the, you know, here's the thing that fascinates me about dad and a lot of things fascinate me about him, but catch this, so he is all world at Yale. Beside made a (inaudible) of tuna -- that part of (inaudible) got polluted.

He's the captain of the Yale baseball team that came in second in the nation, he's married with a kid, he's, you know, big time on campus. His father is Wall Street, his grandfather is Wall Street and everybody says, Wall Street and he moves to Odessa. I mean, extraordinary person to make that kind of decision. By the way it's an extraordinary woman to have said, I'm with you.

So, as I say in the book we get out there and dad finds us a place to live. And it's a duplex on 7th Street with one of the few indoor bathrooms on the street. A bathroom we shared with two ladies of the night. So much for the silver spoon stuff.

See, what happens this people develop myths about you in the public life and, you know, I'm sure there's people, you know, have an image of dad that not is not in close reality. This book will help people understand what he's like and it's an objective matter though. Not even close.

CARD: Well, there is a pretty objective part about little toy soldiers. Tell us about the toy soldiers

BUSH: Well as part -- throughout the book, I tried to explain how he disciplined me. And by the way in contrast with mother one time she caught me urinating in the head -- wash my mouth that with soap.

Dad on the other hand are playing with his little feeble looking little toy soldiers and he said where'd you get this. And I didn't have a very good answer because I stole them. And the next thing I know I'm marching back and he's taking me back to, now keep him out by six by the way, not 26, anyway.

So we go back to the store and I (inaudible) instructions to walk in and apologize to the manager. One simply not just putting it back into this little bowl that I have taken them out of, it was apologizing and, you know, learning responsibility, and that was it. There was no follow up. No harsh follow up, you know, you'll be confined in your room and out of this. It was like, this is what we expect but it is his -- the way he discipline with a -- was instructing to me as a future father but it also (inaudible) we were very -- we stayed very close to him and we tested our patience I can assure you.

And I can't speak for my brothers and sister, but one of my favorite stories is not in the book which speaks to dad's leadership. There's a time mother says to me, "Your dad and I would like to take you to dinner," I'm 18 years old and I didn't really happy in that much. And so, I sad to myself, "OK, let's see dinner with mother, sure let's go." We get there, she barely contained herself and she says, I discovered an ash tray under your bird, do you smoke?" And dad looked at her and said, "So do you." And that was the end of the conversation. I mean, very wise, think about that anecdote for awhile it's a, you know, he's a silent guy.

CARD: Well your dad is a remarkable experience in life where he has, you know, joined the military right out off Andover. On his birthday, he goes off to war and the story of your dad writing letters back to Barb. The story of your dad losing a friend and it ended up being the first of many letters that he had to send and that you had to send that you never wish you have to send once (inaudible).

BUSH: Thousands of times.

CARD: It tells a little about --

BUSH: Well, first of all you're the guy whispering in my ear second plane's (inaudible) the Secretary of America is under attack. I mean you were there and you know wait the kids -- nobody wants to be a full-time president. Nobody should hope to want to be a war time president. But I watched this good man become a great commander in chief, because first and foremost, he cared deeply about the troops who served underneath and their families. Which is essential if your -- end up having to be the commander-in-chief and he wrote the letters and a lot of great writer.

One of my favorite stories in the book. So, Jenna asked him on his 90th birthday, if I remember that moment when he died (inaudible) of the hill like after a day his 90. Amazing feat. Says, "You still think about the people with whom you serve. You say thanks about Delaney white all the time." Those are the two guys on the airplane that died when he got shutdown.

It's amazing in -- 77 years later, still thinks about Delaney and White all the time. What I didn't realize until I'd researched his book is that dad had invited Delaney and White's sisters to the Oval Office when he became president. It was still on his mind, and he's still think about to help, you know, heal the wounds of these sisters that never really got to know their brothers. And yes, that's just one of the most difficult aspects of the presidency, is to be the comfort-caring (ph) chief. And learn that you have a master.

CARD: We'll here we are in Veteran's Day and we pay respect to all of those who did make sacrifices for us. But I also know that the burdens of the presidency are pretty great. You helped your dad carry the burden, how did your dad helped you carry the burden?

BUSH: Well, first of all he served as a great example. And I was -- look, you'll never know what is like to be president till you get in there. But I had a sense of what it was like particularly on our family. The biggest burden by the way -- it's not a burden to serve someone you love. And I love America, it's not a burden. It's just maybe, you know, you don't sleep as well as you should at times. But it's not a burden.

Secondly, if there was a worry, it was about Barbara and Jenna. I put in the book that when dad decided to run for president, one of the things he never had to worry about whether he being able to handle the job. And Lord gave me the same gift. It's a liberating feeling, just so you know. And for me, Andrew, the burdens were how the experience would affect our girls. And they were not very happy but the fact that I was going to run for president, I mean it's like, "You've ruined our life. You can't win. You are not as cool as you think you are." I heard it all. But you know, I had seen family grow stronger and I knew that would be the case. And so, that burden one.

In terms of dealing with the pressures, he helped a lot by just checking out occasionally. But I also know that if -- when you surround yourself with competent, compassionate and descent people, it helps do the job. Your chief of staff, a fine staff -- by the way, a very tough job he had and but he handle it with great grace and people loved Andy in the White House and --

CARD: That's a good transition to an uncomfortable time.

BUSH: Yes.

CARD: On September 11th after I whispered in your ear those faithful words. A second plane hit the second tower, America was under attack and you rose to phenomenal responsibility and you led decisively with optimism. I remember being on the plane and you were telling us we were going to go back to Washington DC, and I was suggesting that you really didn't want to make that decision at that time. And you were pretty firm --

BUSH: I was hot.

CARD: Yes, you were pretty hot.

BUSH: I made it clear I didn't like your recommendation.

CARD: Correct. However I took it. But I remember the phenomenal concern you had for your parents.

BUSH: Yes.

CARD: And you ended up tracking your parents down and they were in Wisconsin or --

BUSH: Wisconsin.

CARD: Wisconsin.

BUSH: Yes.

CARD: Tell us about that day --

BUSH: I said where are you and I've got -- first of all the communications, this Andy will attest, were terrible.

CARD: Not as bad as he says.

BUSH: Either that or they're denying me certain information in which case you were terrible. Let me just say that I couldn't -- we have trouble making connections.

CARD: We did.

BUSH: And when I finally found mom and dad, dad on got on the phone so comforting. I mean, because unbelievably thoughtful person. One of his really great strengths and one reason he's such a (inaudible) president was because he could think about the other person. How does the other person feel. That's why I was able to be so affected about Gordon Shaw (ph) for example.

And so he was very comforting. Mother get on the phone and I said, you know, "Where are you?" And she said Wisconsin, and I said, "Why are you there?" She said, "You grounded our plane." Man did I need to laugh at that moment. And I think was Andy in the room when I did that, I don't know, in the cabin when I did it. It was awesome, you know, it was like -- it was a moment of levity.

One other thing dad taught me is that you got to laugh in life. And I'm convinced that one reason why both mom and dad are -- they've got such wonderful sense of humors because they don't take themselves so seriously. If they're burdened by, you know, doubt and -- that they're able to -- I don't know if you remember but we used to have a mat that said, "Birds soar because they take themselves lightly." And it was a -- I don't remember but anyways, I think it was bathroom mat.

Very thoughtful, anyway.

CARD: Well, I have witnessed or I've been the (inaudible) of many of the practical jokes that I learned really a Bush trait. I was surprised reading your book about a rubber onion.

BUSH: Yes. So, in Midland there was a guy who went to Yale, not a lot of Yale graduates in Midland in 1948. And his name was Earl Craig, very formal kind of guy from Sewickley, Pennsylvania, affectionately known as the Earl of Craig. And he used to love to take his martini and dramatically take the toothpick out and bite the olive in a very grand fashion, so dad put some rubber olive on there.

He -- a very funny man. And --

CARD: You inherited the same trait.

BUSH: I don't know -- he sent jokes in (inaudible) and he would come in, (inaudible) a book got to put this one. Humor really helps. And we had a joyful White House, I mean we -- believe it or not, in spite of the pressures and dramas and stuff, we laughed and enjoyed each others company a lot.

And for those of you who are running organizations or thinking about running a organization, I strongly suggest making sure there's a sense of levity where you work. And -- so I can't remember. Once Andy gets this e-mail from dad and he comes in says, "This is from your father," I said OK. He said, "A guy gets arrested for stealing a can of peaches." And he and his wife go before the judge, the judge says, "How many peaches in the can?" He says, "Six." He says, "Fine, I'll sent you sent six -- sentence you to six months in prison." Before he could leave, the white raises his hand, and he stole a can of peach --

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BANFIELD: You have been watching George W. Bush and a salute to his father. The book that he's written, "A Portrait of my Father", in College Station Texas. I wish we could listen to the whole thing. I have to turn things over to my colleague, Wolf Blitzer who starts right after this break. Thanks so much for watching everyone.

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