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…
That’s right. Yesterday, October 26th, the Colombini family formally accepted a settlement offer for the MRI vs. oxygen tank accident which killed their 6-year-old son in 2001. The settlement puts to rest 8 years of litigation resulting from the single largest MRI safety incident in the industry’s consciousness. And though precedent-setting verdicts won’t result, the dollar-value of the settlement will likely cause many MRI providers to sit up and take notice.
Last month, the judge in the Michael Colombini lawsuit (the case resulting from the infamous death by oxygen tank / cylinder brought into the MRI room while the boy was in the scanner) decided on three of the last outstanding pre-trial motions. The Judge’s decisions appear to have excused one defendant, entirely, and tempered the degree of potential liability for others.
As if you needed a personal invitation from me, here it is nonetheless. Please join me (and a several thousand of your colleagues) at the American Hot Rod Association [ahem] American Healthcare Radiology Administrators annual meeting in August. And though it may not really be my place to invite you to the conference, I do want to extend to you a personal invitation to 2½ special events that will happen during that week.
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)?