$500,000 Mediated settlement for Negligently Planned Radiation Therapy

Incredible Attorneys Who Actually Care.

Meet the Team →
  • This field is for validation purposes and should be left unchanged.

An Excellent Reputation
Built On Success
In The Courtroom

Nothing is more important than recovery and compensation for your loved one after a severe injury. 

$500,000 Mediated settlement for Negligently Planned Radiation Therapy

Our 63-year-old client underwent a pyloric sparing Whipple procedure to remove a tumor from his bile duct. No radiation or chemo therapy was necessary. Then, seven months later, a small abdominal wall nodule was found which was thought to have been seeded secondary to the extraction of a drain tube from the first procedure. Chemotherapy, followed by radiation therapy was recommended.

The radiation therapy occurred over a period of 39 days. About half way through the treatments it was discovered that one of the fields was in the wrong location, and it was shifted, and the dose of electron radiation was increased by almost double. As a result of the shifted field and increased dose of radiation, our client’s stomach (which should not have received any radiation) was extensively damaged.

Our client was forced to endure multiple endoscopies with electrocautery and laser photoablation which were unsuccessful in healing the bleeding ulcers caused by the radiation. He also underwent hyperbaric oxygen treatments which were also unsuccessful in healing the ulcers. Finally, he underwent surgical repair of the stomach and abdominal wall:

  • Partial gastrectomy and gastrojejunostomy, and excision of large radiation induced ulcer and fistula;
  • Repair of ventral incisional hernia and placement of vacuum assisted closure dressing; and
  • Abdominal wall reconstruction, with full thickness excision of radiated skin and anterolateral thigh free flap to abdominal wound.

The $500,000 settlement was from the radiation oncologist’s malpractice insurance and from the insurance that covered the dosimetrists who were involved.

Jeffrey R. Smith

Jeffrey R. Smith

Managing Partner

Robert B. Waldsmith

Robert J. Waldsmith

Partner, 1999

William B. Smith

William B. Smith

Partner, 1978

View All Videos

Video Center
01 06

View All Practice Areas

Core Practice Areas


Vehicle Accidents

There are two things to establish in any motor vehicle accident case: the cause of the accident (fault) and the full cost of the injuries and losses. As we prepare your case, we will investigate both of these.


& Serious Injuries

People suffering from a brain injury, spinal cord injury or other severe injury will require extensive medical treatment, rehabilitative therapy and other long-term care.


Abuse & Molestation

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.



Claims related to sports and recreation injuries can be complicated. These cases often include issues involving waivers and the “assumption of risk” defense.


& Spine Injuries

When you or a loved one suffers a traumatic brain injury (TBI), life changes dramatically. Even mild TBIs can lead to years of recovery and rehabilitation.


Practice areas

The personal injury attorneys at the law firm of Abramson Smith Waldsmith LLP have more than 100 years of combined experience guiding clients through the legal process.

  • This field is for validation purposes and should be left unchanged.


(415) 421-7995