LAS VEGAS (KTNV) — A brain surgery surprise leaves a local woman feeling hopeless and searching for answers. She turned to 13 investigates for help and you can read her story here.
After our report aired on Thursday, many of you reached out to us expressing both sadness and concern for the patient's well-being. So now, we're taking a closer look and explaining why accountability has been so elusive.
Danielle Rose's life took a dramatic turn after learning in 2022 that she had a pineal tumor.
Hear Danielle share her story of the brain surgery surprise that left he feeling hopeless and seeking accountability:
According to the Cleveland Clinic, your pineal gland is a tiny endocrine gland in the middle of your brain. Its main job is to help control the cycle of sleep and wakefulness by secreting melatonin.
Pineal tumors aren't always cancer, but they still cause problems if they grow because they press against other parts of your brain. They can also block the normal flow of cerebrospinal fluid, which raises the pressure inside your skull.
"So, that would explain why I wasn't sleeping, and the excruciating migraines, my vision issues. I had photophobia — sensitivity to light... It was just horrible," Danielle told 13 Investigates.
Surgical removal of a pineal tumor is difficult due to its location in the middle of your brain. Because of that, it's not a common treatment, but it's the treatment Danielle sought.
Las Vegas neurosurgeon Dr. John Anson operated on her on April 12, 2022, writing in his surgical report, "I carefully dissected it free..." and..."We continued until no further identifiable tumor appeared to be left."
But as time passed, Danielle says "I never got better."
She slogged through her symptoms for more than a year before looking closely at an MRI performed in July of 2023.
"And I didn't understand it and I thought, is this saying that the tumor's come back?!" Danielle recalled.
She took her renewed concerns to her primary care doctor.
"And she says, 'I think we need to start seeking help outside of Las Vegas,'" Danielle said.
Danielle started receiving care from a team of specialists at the University of Southern California's Keck School of Medicine in October 2023. After reviewing her records, a USC neurosurgeon delivered shocking news, telling her "the tumor is still in your brain. It was not removed."
USC medical records confirm it was only biopsied.
"He's ruined my life!" Danielle said. "He's changed everything. I mean, he didn't even come in and tell me after surgery and sit down with me and explain it to me."
Anson backed out of a scheduled on-camera interview with 13 Investigates. But on the phone, he said what he wrote in his surgical report is what he thought happened at the time — that he'd gotten it all out and was surprised there was so much left. Even so, he says "the bottom line is that the tumor was benign, so there would have been no reason to be more aggressive in such a sensitive area of the brain."
He also believes Danielle's ongoing symptoms are unrelated and claims he told her all of that during her three-month post-op visit — which she disputes.
Anson also billed Danielle's insurance more than $30,000 for removing the tumor — a procedure Health Plan of Nevada found he did not perform. The Nevada Division of Insurance confirms, "medical records do not support the services billed by the provider."
Anson disputes that, saying Health Plan of Nevada is incorrectly interpreting medical billing codes.
But there's something else 13 Investigates uncovered.
On top of the $30,000 for the alleged tumor removal, Anson also billed more than $11,000 for cranioplasty — a surgical procedure to repair or reconstruct a skull defect. Danielle's USC medical records from July of this year call that into question, showing she has "a deep indentation at the base of her skull" creating tenderness around the spine and limited range of motion.
What rights do Danielle and other patients like her have under Nevada law?
Danielle's efforts to sue for medical malpractice have fallen flat. Lawyers "keep telling me that it's statute of limitations," she explained.
In Nevada, the statute of limitations for medical malpractice claims is one year from the date the injury was discovered or should have been discovered.
If you argue that you didn't learn right away that you were harmed by a medical error, the burden is on you to prove that you didn't know — and you couldn't reasonably have known — about the wrongdoing sooner.
A letter from one attorney Danielle consulted says:
"You may have a good argument why the date of discovery should be in summer 2023, but I am not prepared to deal with that issue. Please understand, I am not telling you that you do not have a case. I am merely stating this is not a case I want to handle."
He encouraged her to seek a second legal opinion. She sought many but only got traction from one other lawyer who thought she may be able to get around the statute of limitations argument. But that attorney couldn't take the case because Danielle's current doctors wouldn't talk to the lawyer.
They wouldn't talk to 13 Investigates, either, despite Danielle signing a HIPAA release. In fact, all the experts we consulted for our investigation would only speak on background, not wanting to be named as they feared liability for criticizing another doctor.
All states have a statute of limitations for medical malpractice cases. In most, the time limit is between two and five years from the time of the malpractice, or from the time the injury is or should have been discovered.
Nevada law changed at the beginning of 2024, extending the time frame to two years instead of one. But the change came too late for Danielle.
