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Dana-Farber chief reacts to $13.5m award in patient's death

Posted by Elizabeth Cooney November 6, 2008 01:54 PM

The head of the Dana-Farber Cancer Institute told his staff he and the hospital "strongly disagree" with a jury's $13.5 million award to the family of a 40-year-old Hopkinton woman who died following experimental chemotherapy.

In an e-mail message sent yesterday, Dana-Farber president Dr. Edward J. Benz also expressed regret and sympathy while suggesting the jury might not understand the complexities of cancer. Here is his message:

To Dana-Farber staff:

You may see or hear news reports that yesterday, a Suffolk Superior Court jury returned to the family of a Dana-Farber patient a large award in a lawsuit against two Dana-Farber physicians.

We deeply regret what happened in this case and sympathize with the patient’s family and friends. Nevertheless, I want you to know that we strongly disagree with this verdict and firmly believe that the physicians involved provided a high standard of care.

We all know that cancer is a terrible disease that still claims far too many lives. Unfortunately, even as we work intensely to develop newer, more effective treatments, we aren’t always successful and complications can arise. That does not mean that we did anything wrong, something that juries less familiar with the complexities of cancer and cancer care don’t always
appreciate.

This case is a powerful reminder that we all must pull together and support our caregivers and our patients and families as we continue to fight this deadly disease.


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3 comments so far...
  1. Well said. If doctors are on the malpractice hook for unforeseen events or even if they follow the standard of care, then there will eventually be little incentive for providing any care at all which might seem "experimental," which malpractice juries would interpret as "risky." As a husband of a cancer survivor who benefited from a clinical trial, I shudder to think that some researcher in the future might not agree to start a trial of a promising treatment out of the fear of a jury of his peers mistaking an acceptable risk for negligence. I think we as patients, and spouses of patients, will ultimately suffer.

    Posted by Rob November 7, 08 08:32 AM
  1. i am on the other side of the fence. I am a medical negligence paralegal and screen cases for possible medical negligence. I agree that clinical trials are just that, a trial of healing. I have seen negligence in providers who failed to test for cancer even though the symptoms are there. I've had cases where the radiolgist used the wrong guage needle on a breast biopsy, missing the core. The test results were negative, yet the cancer kept growing. A correct needle biopsy done later was to late and the girl died of stage 4 breast cancer at the age of 23. I had a lung cancer case where the pcp did not recognize symptoms, he died of a treatable cancer at the age of 44.
    Dee

    Posted by dee November 10, 08 08:40 AM
  1. This is what happens when ambulance-chasing lawyers convince the grieving family of a poor soul taken too early from this Earth to go for broke and sue the heck out of the one institution willing to go the extra mile to save their loved-one's life.
    This case makes me sick, not just for the fact that some sharks in suits will be enriched on the back of a dead cancer patient (although this makes me sick enough), but for the future patients who might be deprived of a shot at a cure because wonderful institutions like Dana-Farber might be less willing to take a chance on an experimental cure, knowing that scumball lawyers are out there willing to destroy anyone or anything in order to make a buck.
    My son was 2-years-old when he was diagnosed with brain tumors.
    It is because of the amazing and courageous work of dozens of clinicians and scientists at Dana-Farber and Children's Hospital Boston that my son is a tumor-free, happy first grader.
    I am sorry for the family of the patient who died in this case, but whatever share of the $13.5 million the lawyers see fit to give you will not bring your loved-one back, but it might go towards adding to the toll this terrible disease takes.

    Posted by Ted November 18, 08 12:19 AM
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Elizabeth Cooney is a former health reporter for the Worcester Telegram & Gazette, where she also was a business reporter and an editor. Earlier in her career, she edited medical books and journals at Little, Brown, and worked for Boston magazine.

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