Field Fisher Waterhouse advises family after cancer patient dies in drug trial overdose
23 September 2008
Law firm, Field Fisher Waterhouse LLP has
represented the family of Gary Foster, a 27 year old cancer
patient, at the inquest into his death. Gary, a graphic designer
from Waltham Abbey in Essex, died after taking part in a government
funded medical trial. He was suffering from testicular cancer
and in the course of his treatment was, on seven occasions, given
double the amount of chemotherapy he should have been
prescribed.
The Coroner’s report found that Gary died as a
result of lung damage caused by bleomycin toxicity and also as a
result of the overdose of the bleomycin.
Gary was treated in University College London
Hospitals NHS Trust (UCLH) after being diagnosed with testicular
cancer. He was told that he had a 60% chance of survival and
was offered a place on the medical trial which doctors told him
would increase this. Gary and his family agreed to this
believing his chances of survival would be greater and that he
would receive a better level of care.
The trial, called TE23, was testing whether a
combination of five existing chemotherapy drugs was better at
treating testicular cancer than the standard treatment of three
drugs. From June until mid-September 2007 he made regular trips to
UCLH in central London, to receive the drugs. On seven occasions
between July and September last year, he received 30,000 units of
one of the drugs, bleomycin, instead of 15,000.
Gary eventually developed a dry cough, a symptom
of lung damage, caused by bleomycin. The inquest heard that the
cough should have been recognised by doctors and nurses as a
warning sign that the bleomycin was damaging his lungs, however,
despite the cough, he was given a final incorrect dose of
bleomycin. Eventually he became so ill that he was
transferred to intensive care. He died on 14th October 2007.
The Coroner’s report concluded that Gary died as a
result of an accidental adverse healthcare event, caused by a
prescribing error to which the set up of an electronic prescribing
system contributed.
Mark Bowman, solicitor at Field Fisher Waterhouse,
represented Gary Foster’s family at the inquest. He is also
representing the family in a clinical negligence claim against
UCLH. UCLH has been served with a letter of claim and a
letter of response is awaited. The claim has been passed by
UCLH to the NHS Litigation Authority.
Gary’s mother, Colleen Foster said: “We were told
by the hospital not to worry, that testicular cancer was curable
and that taking part in this trial would further increase Gary’s
chances of survival. Instead, the drugs that were supposed to
save his life were killing him. An overdose gives the impression
that it was a one-off. It was seven times. Every week my poor
Gary was going into hospital, we thought he was getting better but,
actually, he was being slowly poisoned and poisoned to
death.”
Mark Bowman, clinical negligence lawyer at Field
Fisher Waterhouse said “This tragic case highlights the potential
dangers involved in any form of clinical trial. Such trials need to
be set up, regulated, monitored and administered with the utmost
scrutiny, to avoid others suffering the fatal consequences that
befell Gary Foster.”
UCLH has suspended the TE23 trial.
For further press information please
contact:
Louise Eckersley, PR Manager,
Field Fisher Waterhouse LLP on 020 7861 4120