Congressional investigation into Palo Alto VA report after fired volunteer alleges unsafe food
PALO ALTO, Calif. (KGO) -- A congressional committee is taking action following a 7 On Your Side investigation into food safety concerns at the Palo Alto VA hospital. And newly-released public records raise questions about the VA's response to the allegations.
We first introduced you to Dennis Berkowitz earlier this month. Berkowitz, a well-known Bay Area restaurateur, was fired from the Palo Alto VA as an unpaid kitchen volunteer after reporting the hospital was allegedly falsifying records and unsafely storing food being served to patients.
"I stirred up too much s***!" Berkowitz told 7 On Your Side, adding he was appalled at the quality of food the hospital was serving. "The facility wasn't even following basic health standards. They didn't care!"
But this report brought it to the attention of those who did care -- the House Committee on Veterans' Affairs.
"I got a call from Washington, D.C.," Berkowitz said. "They responded because of your news article... and it made them very uncomfortable."
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The 85-year-old veteran captured a slew of pictures that appear to show food being stored in violation of basic health standards -- like chili that was served 65 degrees below the Centers for Disease Control's minimum requirement. CSU East Bay Professor Dr. Michael Stanton, a public health expert familiar with the facility, raised alarm about the photos and the potential for E. coli, listeria and salmonella contamination at those temperatures.
"Certainly problematic and could lead to serious diseases," Dr. Stanton said. "Especially for a chronically ill population."
Berkowitz says he spent more than six months trying to get the VA's attention to no avail. But after the story aired, he got a call from Congress. It came from the House Committee on Veterans' Affairs -- specifically, the Subcommittee on Oversight and Investigations.
"The people I talked to in that subcommittee were very concerned. They weren't blowing me off. They were saying, 'We're going to do something about this,'" Berkowitz said.
The congressional committee told 7 On Your Side they're aware of our reporting and are currently "still gathering information from the VA on the situation."
The Palo Alto VA is considered one of the most complex facilities in the VA system, with an annual budget over $1 billion, employing more than 7,000 people. Berkowitz says he tried reporting these issues directly to the VA facility's Medical Center Director Jean Gurga.
"I've been trying to see her for three months, and I've been denied all along the way," Berkowitz said. "Now the worm has turned... and she's asking me for an interview."
7 On Your Side is told that a meeting is scheduled to happen next week. Meantime, there's one part of all this that still doesn't add up: The lack of transparency with the VA. We were forced to file a Freedom of Information Act request to get answers to simple questions -- and now the VA's own records don't match what the agency initially said.
Despite photo evidence, the VA initially told us Mr. Berkowitz's allegations were "unsubstantiated." Yet, federal records obtained by 7 On Your Side refute that.
A three-and-a-half hour inspection that took place six months before Berkowitz even started working at the facility cited the Palo Alto VA twice for similar problems he raised in his report. In one case, labeled "critical," the facility failed procedures to "protect against contamination." Another "critical" case found salad being stored above the minimum Food and Drug Administration requirement to prevent harmful bacteria. Plus, the facility's own plumbing was even cited as contaminated, with brown oil spilling on the floor. And that was all part of the inspection the facility passed.
The VA refuses to provide copies of any follow-up inspections since the allegations surfaced in November last year -- nor will it answer whether any patients or staff reported being sick as a result.
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"It's not even negligence. It's gross negligence," Berkowitz said.
South Bay Congressman Sam Liccardo (D - Palo Alto) responded, saying in part: "We share the serious concerns about food safety at the VA, and we're actively engaged in trying to get to the bottom of this."
"I'm glad you're doing the reporting; we don't want people to get hurt," said Dr. Michael Stanton, who did his residency at the Palo Alto VA hospital.
While we wait for answers, Berkowitz says the VA's Chief Veterans Experience Officer called to apologize.
"I said, please... I don't want an apology. I want you to fix this," Berkowitz said. "Come on, guys, step up. Let's get this corrected."
7 On Your Side will stay on this, until there's proof that happens.
Take a look at more stories and videos by 7 On Your Side.
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