LICENSED TO KILL? Seizure-caused accident raises license questions

The driver of a minivan, Alexander Juwah, who police say caused a tragic crash in Springfield Gardens that killed three people from Queens and left seven others hospitalized, may not have reported his medical condition to the New York State Department of Motor Vehicles (DMV).
Juwah, who authorities say has a history of epileptic seizures, says he blacked out while driving with his two sons, Kelvin, 11, and Melvin, 3, along Springfield Boulevard on Saturday morning, November 4, slamming into the back of a Mitsubishi Eclipse and launching the minivan into the air. When the car landed, it came down on top of a Dodge Neon killing the three people inside, Jesse Rutledge, 80, Jesse Rutledge Jr., 47, and his 24-year-old girlfriend Zetteleen Smith, who were traveling to a birthday party.
Juwah, a 43-year-old psychiatrist at Harlem Hospital, checked the driver's license box that he had not had or was not being treated for a &#8220convulsive disorder, epilepsy, fainting or dizzy spells, or any condition which causes unconsciousness,” when he renewed his license in April of 2006, according to DMV records. He had checked the same box in 2003 as well.
A source at the DMV said that had Juwah checked &#8220yes” on the form, he would have been required to fill out a statement for the DMV's Medical Review Unit from his neurologist or neurosurgeon if he was epileptic, or from his primary care physician if his condition caused fainting or dizzy spells. The DMV said that if this occurred, its Medical Review Unit would determine whether his license could be renewed or if it should be suspended.
Dr. Mehrdad Golzad, Chief of Neurology for Mary Immaculate Medical Center at St. John's Hospital, described epilepsy as reoccurring unprovoked seizures that occur spontaneously and repeatedly. He said that there are different types of seizures, and if a person has repeated seizures, doctors would conduct a clinical interview in order to determine the type of seizure.
Although Golzad said that doctors are required to complete DMV forms for patients who check off that they are epileptic, doctors in the majority of states, including New York, are not required to inform the DMV of their patient's condition.
However, Golzad said that the doctor informs the patient about the law and the patient's legal obligations.
In addition, if a patient has one epileptic seizure, the law requires one year seizure-free before he can begin driving.
&#8220If it is only one epileptic seizure, there is some flexibility,” Golzad said. &#8220If the doctor believes that within three to six months [the person can resume driving] we would make an exception,” sending a recommendation to the DMV to reinstate the person's license.
While epileptic seizures can cause a person to black out and lose consciousness at the wheel, according to a recent study, epileptic people are only 1.33 times more likely to have an accident - a number lower than for people who have diabetes, cardio vascular disorders or mental illness.
&#8220It's not just one medical condition [epilepsy]. It should be looked at any other type of medical condition increases the risk of action.
As of press time, Queens District Attorney Richard A. Brown had not charged Juwah, but he said the investigation was still open.
According to a spokesperson for Jamaica Hospital, doctors treated Alexander Juwah and Kelvin at Jamaica Hospital, but did not admit them. As of Monday, November 6, doctors in pediatrics were treating Melvin, but the spokesperson was not aware of his status.
Reverend Joe Bush, Pastor of Walker Memorial Baptist Church in the Bronx where Jesse Rutledge Sr. was a parishioner for the past 50 years, said that the community was initially shocked when it found out they had lost one of its members.
Bush said he ran into Rutledge, who was battling cancer, the Sunday before the tragic accident.
&#8220In spite of all the he was full of joy and excitement and was still actively involved in the church,” Rev. Bush said.
Bush said that he was in touch with the Rutledge family, and they planned a service at the church for both Jesse Sr. and Jesse Jr. on Monday night November 13.