John Joyce Asks Organ Procurement Organization CEO If He Had Role In 'Retaliation' Against Whistleblower

Forbes Breaking News

During a House Energy and Commerce Committee hearing on Tuesday, Rep. John Joyce (R-PA) asked Network for Hope CEO, Barry Massa about alleged retaliation against a whistleblower.

Transcript

00:00I want to thank all the witnesses for your testimony. We will now move to

00:04questioning. I will begin and recognize myself for five minutes. Mr. Massa, when

00:10looking at how your OPO handled the index case from the HRSA report, very

00:16simply, yes or no, do you still maintain the assertion from your testimony that

00:21all of the relevant OPTN policy, regulations, statute, and rule were

00:27followed by CODA and the handling of the DCD case?

00:32My apologies. Thank you, Chairman Joyce, for your question. That case was very

00:40complex and during a very complex time. If you recall in 2021, we were in the midst

00:46of COVID and I think that impacted the communication that we had within our

00:52between our hospital and our team. And while I'm not using that as an excuse, I

00:58do think it added to the complexity of it. With that said, we know that a

01:05successful donation experience happens when there is frequent communication. And I

01:13think in that case, in this case that we're talking about, the communication

01:18could have been vastly improved. And if that communication wasn't where it should

01:23have been, can you say yes or no? Was policy, regulation, statute, and rule, was that

01:29followed? The DCD process was followed. Yes, sir. But again, I think in light of the

01:36horrific pain and suffering that the index patient endured, do you agree then if it

01:43was followed? And what we have read about this case, do you think that stricter

01:48standards need to be in place so that patient safety, so that we never hear

01:53again about a patient suffering this horrific pain?

01:57We never want another experience like this as well.

02:00And we are going to administer. Yes or no, do you think that stricter standards should be in place?

02:06We are going to follow the recommendations of HRSA and we are glad to have more

02:12oversight to make sure that we restore the public trust.

02:16Mr. Massa, moving on. And we've heard this from Dr. Lynch's testimony today.

02:23Do you or anyone in your organization play a role in retaliation against the incident

02:29reporter in the index case, who, according to the HRSA report, was fired from another job

02:35in the organ transplant space following outreach from CODA just two days after this committee's

02:42hearing last year when the index case was first discussed?

02:46No, sir. If you look at the facts, I welcome every member of the subcommittee to look at

02:52the actual facts of that case or of that situation. There was no retaliation. If there was retaliation,

03:00that would not be tolerated within Network for Hope.

03:03As the individual who is now in charge of the OPO, have you looked into any possible retaliation

03:09against this, retroactively looked at any retaliation against this or any other whistleblowers?

03:16I have.

03:17And what have you found?

03:19I found that in this case, specifically that we're talking about, there was no retaliation. And I go

03:26back to the letters that we sent to this committee on December 17th and January 3rd in response to

03:34that.

03:34Will you commit to us that if there is any incident that would occur in the future and it will be

03:41brought to the attention that there will be no retaliation, that you will work to make sure

03:47that those who bring these cases forward, where someone is undergoing addition and moving forward

03:52in the transplant process and is not felt to be an appropriate candidate, that there will be no

03:59efforts of retaliation against that individual?

04:01That is correct. And I can tell you that we have a policy in place that not only the expectation

04:08is to bring that forward, but it says in the policy, it is an obligation for anyone.

04:15Thank you for that commitment. And thank you for that obligation. Dr. Formica, it has been alleged

04:20that the OPTN has a history of dismissing and downplaying serious allegations of risk to patient safety,

04:26like in oversight of the index case, where you dismissed nearly proceedings with organ harvesting

04:33on a patient who ultimately was discharged from the hospital alive. And I'm quoting,

04:38you said, a nice story for the patient. Yes or no? Did the OPTN, under your leadership,

04:45adequately investigate and respond to all reported concerns?

04:49Chairman, I think this case highlights some of the challenges we face in the OPTN.

04:57I learned of this case after the NPSC had decided not to pursue that, when HRSA instructed us to begin

05:05the larger investigation. In retrospect, had I heard about that sooner, because I'm aware of the larger

05:12context of what's going on right now, I would have asked for a deeper investigation.

05:15So why did HRSA need to direct the OPTN to reopen their investigation of CODA and eventually issue a

05:22corrective action plan dictating how further action must be handled?

05:27I think that demonstrates the collaborative nature between the OPTN and HRSA, frankly,

05:32and I think that's why it works well. But if the safeguards were in place,

05:35would that have needed to occur? The OPTN is composed of volunteers who are also conducting

05:41their normal day jobs and were facilitated by contractors that help provide the infrastructure

05:47around which we provide our work. As we've moved through the transition period,

05:53some of that fluid communication back and forth has taken some time to work out new pathways.

05:58But you have all talked about trust, and now that trust has been violated. I think it's been fractured.

06:04Do you feel that that lack of communication that existed continues to exist today?

06:09I actually think it's getting better every day. When you've moved from an environment where you have

06:14one contractor facilitating all the activities of the OPTN to multiple contractors now facilitating that,

06:23it takes some time to work out the pathways. I think it is clear to all of us on this committee,

06:28both sides of the aisle, that that communication needs to improve, that collaboration needs to

06:34improve, and that there needs to be the safety of the patients that ultimately guides whether or not

06:40they are viable candidates for the transplants that are so necessary for the health of so many

06:47Americans. I thank the panel for being here today. I now yield.

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