Greenberg v. Michael Reese Hospital

396 N.E.2d 1088, 78 Ill. App. 3d 17, 33 Ill. Dec. 364, 1979 Ill. App. LEXIS 3500
Appellate Court of Illinois·Decided September 25, 1979·No. 78-926·Published·Cited by 4 cases

Opinion

Mr. PRESIDING JUSTICE STAMOS

delivered the opinion of the court:

Six plaintiffs, whose claims have been consolidated for purposes of appeal, filed complaints alleging that therapeutic radiation treatments administered by Michael Reese Hospital resulted in tumorous growths in the area of their thyroid glands. Plaintiffs predicate their cause of action on three theories — straight negligence, res ipsa loquitur and products/ strict liability. The trial judge ruled in favor of defendant Michael Reese, granting summary judgment on the negligence theory and dismissing the res ipsa loquitur and products liability counts. From these rulings, plaintiffs appeal.

During the 1940’s and 1950’s, upon referral by a family doctor or pediatrician, Michael Reese Hospital provided radiation therapy to children to treat and hopefully to cure hypertrophic lymphoid tissue of the pharnyx, an inflammatory and infectious throat ailment commonly known as enlarged tonsils and adenoids. Irradiation to shrink diseased tonsils and to eliminate infection had been developed in the 1920’s as an alternative to surgical treatment. The deposition of defendant’s medical expert explains that surgery, prior to the medical developments of the 1950’s, ran the risk of anesthesia reaction, hemorrhage and infection (antibiotics were not generally available until the 1950’s). Thus, radiation therapy was viewed as a “less risky” option.

In 1950, a study reported on 28 cases of thyroid cancer in children, 9 of whom had received radiation treatments, and concluded that a cause and effect relationship was not established. (Duffy & Fitzgerald, Thyroid Cancer in Childhood and Adolescence: A Report of 28 cases, 3 Cancer 1018 (Nov. 1950).) Notwithstanding this early report, subsequent studies debated the connection between radiation treatment and tumorous growths. Even though Michael Reese did not feel that a connection had been proved conclusively, the treatments were stopped.

In 1974, acting at the impetus of a University of Chicago study (Degroot & Paloyan, Thyroid Carcinoma and Radiation: A Chicago Endemic, 225 Jour. Amer. Med. Ass’n 487 (1973)), Michael Reese began a recall program for adults who had received the X-ray treatments as children. During examinations of the six plaintiffs represented herein, thyroid tumors, both benign and malignant, were found. Thereafter plaintiffs brought this action alleging that Michael Reese knew or should have known that the treatment was experimental and could result in unexpected side effects. Further, plaintiffs contended that there were studies available to the medical profession which suggested the potential dangers of this therapy; plaintiffs submitted the affidavit of a health physicist, Eli A. Port, to support their claims. Port’s qualifications included training and education in radiological health physics and a Ph.D. dissertation on Benefit vs. Risk in Pediatric Radiology. Michael Reese countered with an affidavit from Lionel Cohen, M.D., a radiation therapist, who is presently chairman of the Department of Radiation Oncology at Michael Reese Medical Center. Dr. Cohen’s deposition, taken by plaintiffs, was submitted by Michael Reese in support of its contention that the use of therapeutic radiation to shrink tonsils was appropriately within the standard of care at the time of these treatments. Based upon the contents of Dr. Cohen’s affidavit and deposition, the court below entered summary judgment in favor of Michael Reese on count I (negligence), and granted Michael Reese’s motions to dismiss as to count II (res ipsa) and count III (products liability).

I.

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Greenberg v. Michael Reese Hospital, 396 N.E.2d 1088, 78 Ill. App. 3d 17, 33 Ill. Dec. 364, 1979 Ill. App. LEXIS 3500 (Ill. Ct. App. 1979).

396 N.E.2d 1088 (Greenberg v. Michael Reese Hospital) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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