First, let me say that this isn’t a ‘leak’ in the sense that none of the information I’m about to share is (any longer) confidential. This information is all public record as a result of court filings for the now-settled civil suit surrounding the 2001 MRI fatality of Michael Colombini. There are documents associated with that civil lawsuit which did not wind up as filings with the court and therefore are not a part of the public record. I have no difficulty not releasing those because (among other reasons) I don’t have any of them.
“Why — now — ten years later would you post these documents?”
Excellent question! Here’s why I didn’t publish these long ago…
This week the settlement documents were released — closing the chapter on the lawsuit that arose from the seminal event in MRI safety, the 2001 oxygen tank fatality of then-six-year-old Michael Colombini.
Yes, I think I’ve written at least twice before about the imminent start of the trial for the civil lawsuit stemming from the Michael Colombini fatal MRI accident in 2001. And, yes, I was wrong both times before. So, I would expect nothing less than readers of this entry to take my 3rd prognostication of the start of the trial with something more than a grain of salt… perhaps an entire salt lick! But today a little birdie told me that there’s a hole in the otherwise-booked New York Supreme Court trial schedule for late October / early November and the Colombini trial may just fit right in there.
Last year, the United States Supreme Court decided that medical device manufacturers that had gone through the trial-by-fire of a FDA pre-market review are immune from civil action in the state courts for product liability (Riegel v. Medtronic). Just a few weeks ago, the Court threw what many considered to be a major curve-ball when they decided that comparable protections do NOT apply to pharmaceutical manufacturers (Levine v. Wyeth). What does this suggest to MRI providers (Technologists, Radiologists and Administrators)?
Indeed. Nearly 8 years later, the civil lawsuit trial surrounding the infamous death of a 6-year old boy is scheduled to begin in March of 2009.
The multi-million dollar lawsuit has been grinding through the legal system as a myriad of claims and counter-claims have been ricocheting around among the parties. Those who’ve been watching the pre-trial activities may attest to it sometimes resembling a soap-opera with shifting alliances, but it appears that the parties’ day in court will come in less than 100 days.