Mass Tort Update- |
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Mass Tort Update
Hamza v. Scripps Clinic and Research Foundation
Date: 1990
RESULT: $ 195,000 settlement.
STATE: California
SUMMARY: In October of 1988, a leukemia patient was given an experimental and Dangerous Drug, ARA-C. At the time the drug was given, the patient's leukemia was in remission. The patient died of leukemia in December of 1989.
An action was brought against the hospital and the physician who prescribed the ARA-C. Plaintiff alleged that the patient was given an excessive dose of ARA-C in violation of hospital protocol. Plaintiff contended that the treatment was experimental and should have been governed by the guidlines of the institutional review board. It was also alleged that a written informed consent was never obtained.
Defendants contended that the treatment was within the standard of care and that the patient was adequately informed of the risks.
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