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July 12, 2010 - Dr. Gary Kao, of the Philadelphia Department of Veterans Affairs (VA) Medical Center, and the University of Philadelphia have been named as defendants in a medical malpractice lawsuit. The 5 plaintiffs are apparently victims of failed radiation therapy treatments received at the Philadelphia VA Medical Center.
Dr. Kao was the head of the cancer unit that used brachytherapy to treat prostate cancer. Brachytherapy is a procedure in which metal seeds that have been made radioactive are placed into a pattern in the prostate. Once implanted, the seeds put off a radioactive "cloud," which then matches the shape of the prostate and is designed to attack the cancerous cells inside the prostate.
At least 98 veterans received substandard radiation treatments from Dr. Kao and his staff. One of the plaintiff's cancer has not only returned, it became incurable. According to the Nuclear Regulatory Commission (NRC), Dr. Kao performed the procedure correctly only 16 times out of the 114 attempted. Dr. Kao was not only removed from his position, but the entire unit was shut down.
Problems with the treatments ranged all over the board. In some instances radiation doses were given that were too weak. In others, the seeds were implanted places they had no business being, such as the patients' rectums or bladders. Perhaps worse than that, the device designed to measure the break down of the radiation in the patients broke. Dr. Kao and his staff continued to perform the procedures for a year following thereby giving them no way to check the progress of their implants.
Many of the staffs' errors were not discovered for years and many veterans had to have subsequent surgeries to correct the damage inflicted by Dr. Kao's staff. Not only did peer review not exist, the staff was found to have altered medical records leading to an eventual NRC fine of $227,500.
If a veteran plans on filing a lawsuit, they must first file a claim. If the VA rejects the claim, then the veteran can file a federal lawsuit. Of the 38 claims filed, the VA has rejected 12, which had been seeking a combined $71 million in compensatory damage.
Soldiers can return home with a number of conditions, injuries, and aggravated preexisting conditions. If you believe you have a service-connected physical or psychological injury you may be entitled to Veterans’ Disability Compensation.
At LaVan and Neidenberg, we are determined to secure veterans their rightful disability compensation and disability rating. We wrote this book for you! In it you will find valuable tips on how to navigate the claims process and avoid common pitfalls. Request your FREE copy today!
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