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| Disposition:
(Settlement/Arbitration/Trial) |
Settlement |
Date: |
8/19/1992 |
Type of Case: |
Medical Malpractice |
Allegation(s): |
Over-radiation of Feet |
Result: |
$275,000 |
Case Name: |
Waldal v. Charles Campbell, M.D. and Scripps
Memorial Hospital |
Facts: |
In 1984, 28-year-old James Waldal, a salesman and bartender, began treating for plantar warts. This treatment consisted of freezing and burning the plantar warts and using various ointments. On November 26, 1986, the plaintiff was referred to defendant Charles Campbell, M.D. for a radiology oncology consult. At that time, Dr. Campbell treated the plaintiff's plantar warts with one dose of 1000 rads therapy for 2.66 minutes per foot. Lead shields were used to protect the plaintiff's feet during the procedure. The warts appeared to have been cured with the radiation therapy but then recurred in 1987. Plaintiff attempted to treat the recurrence of the plantar warts with hot soaks and duofilm per Dr. Campbell's instructions. However, these treatments were not effective.
On October 18, 1988, Dr. Campbell administered a second radiation dose to the planitiff's plantar warts. The radiation dose was increased to 1600 rads to each foot at 3.96 minutes. However, during this radiation therapy, lead shields were not applied by the technician to protect the healthy tissue of the feet surrounding the area to be radiated. The plaintiff telephoned the Radiology Department of Scripps Memorial Hospital to notify Dr. Campbell that he was experiencing a lot of foot pain and had developed blisters which had not occurred after the initial treatment in November of 1986. The plaintiff then called Dr. Campbell's office on several occasions to complain of the blisters and considerable pain, but was told this was normal. Dr. Campbell did not evaluate plaintiff until November 11, 1988. He found blisters on each foot that were outside of the intended treatment area. Dr. Campbell reassured the plaintiff that there would be anticipated pain and tenderness. The defendant told the plaintiff that he expected everything to be all right.
On December 4, 1991, plaintiff presented to Dr. Joseph Ellis, who reported that plaintiff may never have healthy tissue to the areas of the feet due to the radiation treatment he received. Dr. Ellis also stated that plaintiff's condition was permanent and unstable. Dr. Ellis also felt that the plaintiff's problems were ongoing and that he did not feel that any treatment or procedure could be performed to correct or treat the damaged tissue.
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| Injury/Injuries: |
Pain and soreness of the feet. His gait has been altered, which may lead to additional medical problems.
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| Contentions: |
Plaintiff contended the defendants were negligent in the manner in which the radiation therapy was administered to his feet and that the defendants failed to use lead shielding to protect the healthy tissue surrounding the warts, which resulted in radiation damage to his feet. The plaintiff also contended that the defendants actively concealed the fact that lead shielding was not used and that they lost or destroyed photographs taken in November of 1988 which depicted the damage to his feet.
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| Special Notes: |
The case settled during jury selection.
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