On August 27, 2021, WVFK&N attorney Keith Forman filed a wrongful death claim on behalf of a man who died as a result of
Posted: Mon Dec 20, 2021 7:55 am
On August 27, 2021, WVFK&N attorney Keith
Forman filed a wrongful death claim on behalf of a man who
died as a result of the negligent transplant of a diseased
organ.
The complaint alleges that the patient presented to MedStar
Georgetown University Hospital at 54 years old in stable health
with end stage renal disease. This condition was considered stable
and made the patient eligible for simultaneous kidney-pancreas
transplant. The patient received a simultaneous kidney-pancreas
transplant on January 5, 2018. At all times during their
procurement of the organs and treatment of the patient, MedStar
Georgetown University Hospital knew or should have known that the
donor of the kidney and pancreas was a 16-year-old with a history
of astrocytoma, Grade III, which was treated with a craniotomy in
February 2017. The donor ceased radiation and chemotherapy in
December 2017 and died on or around January 5, 2018 with a cause of
death listed as “CNS Tumor.” Nevertheless, the Defendants rated the
donor’s kidney as a high-quality kidney with minimal risk factors
associated with the donor organs. However, MedStar Georgetown
University Hospital knew, or should have known, that while a Grade
I or II astrocytoma is considered low risk for transmitting cancer
from organ donor to organ recipient, a Grade III astrocytoma
carries a high risk of transmitting the cancer from organ donor to
organ recipient. Nonetheless, the Defendants negligently deemed the
donor kidney and pancreas (from the same donor) suitable for
transplant and proceeded to perform a simultaneous kidney-pancreas
transplant on January 5, 2018 at MedStar Georgetown University
Hospital. Records indicate that the doctors did not inform the
patient that these organs came from a donor with a high-risk of
donor transmitted cancer, as required by the standard of care. On
or about April 27, 2018, the patient was admitted to MedStar
Georgetown University Hospital following a routine transplant
follow-up for gross volume overload with anasarca and decreased
urine output. His chart also notes that, upon admission and during
his stay, the patient was additionally diagnosed with hematuria,
bilateral leg edema, hyperkalemia, fever, and sepsis. This
admission resulted in an exploratory surgery on or about May 5,
2018 which revealed diffuse peritoneal carcinomatosis on the
abdominal wall, liver, and bowel. Ultimately, an extensive workup
at Medstar Georgetown University Hospital revealed that the patient
had donor derived malignancies. This clinical correlation between
the donor’s cancer and the patient’s cancer was confirmed by
several physicians at MedStar Georgetown University Hospital. These
physicians also acknowledged that three other recipients of the
same organ donor also had malignant tumors. The patient ultimately
died on Sunday, May 13, 2018. His cause of death was determined to
be sepsis and metastatic cancer following a kidney pancreas
transplant.
The lawsuit alleges that the patient’s death was a result of the
negligence of MedStar Georgetown medical Center and its employees
in transplanting a diseased organ into the patient and failing to
appropriately counsel the patient on the risks of the
transplant.
what are ethical issues
Forman filed a wrongful death claim on behalf of a man who
died as a result of the negligent transplant of a diseased
organ.
The complaint alleges that the patient presented to MedStar
Georgetown University Hospital at 54 years old in stable health
with end stage renal disease. This condition was considered stable
and made the patient eligible for simultaneous kidney-pancreas
transplant. The patient received a simultaneous kidney-pancreas
transplant on January 5, 2018. At all times during their
procurement of the organs and treatment of the patient, MedStar
Georgetown University Hospital knew or should have known that the
donor of the kidney and pancreas was a 16-year-old with a history
of astrocytoma, Grade III, which was treated with a craniotomy in
February 2017. The donor ceased radiation and chemotherapy in
December 2017 and died on or around January 5, 2018 with a cause of
death listed as “CNS Tumor.” Nevertheless, the Defendants rated the
donor’s kidney as a high-quality kidney with minimal risk factors
associated with the donor organs. However, MedStar Georgetown
University Hospital knew, or should have known, that while a Grade
I or II astrocytoma is considered low risk for transmitting cancer
from organ donor to organ recipient, a Grade III astrocytoma
carries a high risk of transmitting the cancer from organ donor to
organ recipient. Nonetheless, the Defendants negligently deemed the
donor kidney and pancreas (from the same donor) suitable for
transplant and proceeded to perform a simultaneous kidney-pancreas
transplant on January 5, 2018 at MedStar Georgetown University
Hospital. Records indicate that the doctors did not inform the
patient that these organs came from a donor with a high-risk of
donor transmitted cancer, as required by the standard of care. On
or about April 27, 2018, the patient was admitted to MedStar
Georgetown University Hospital following a routine transplant
follow-up for gross volume overload with anasarca and decreased
urine output. His chart also notes that, upon admission and during
his stay, the patient was additionally diagnosed with hematuria,
bilateral leg edema, hyperkalemia, fever, and sepsis. This
admission resulted in an exploratory surgery on or about May 5,
2018 which revealed diffuse peritoneal carcinomatosis on the
abdominal wall, liver, and bowel. Ultimately, an extensive workup
at Medstar Georgetown University Hospital revealed that the patient
had donor derived malignancies. This clinical correlation between
the donor’s cancer and the patient’s cancer was confirmed by
several physicians at MedStar Georgetown University Hospital. These
physicians also acknowledged that three other recipients of the
same organ donor also had malignant tumors. The patient ultimately
died on Sunday, May 13, 2018. His cause of death was determined to
be sepsis and metastatic cancer following a kidney pancreas
transplant.
The lawsuit alleges that the patient’s death was a result of the
negligence of MedStar Georgetown medical Center and its employees
in transplanting a diseased organ into the patient and failing to
appropriately counsel the patient on the risks of the
transplant.
what are ethical issues