Radiation Treatment Lawsuit | 2025 Latest Updates

Radiation Treatment Lawsuit Overview

Our attorneys are examining possible legal actions for individuals who suffered injuries due to an overdose of radiation following their treatment using a Varian linear accelerator. Some linear accelerators, which are commonly used for standard radiation therapy, were redesigned by Varian Medical Systems so they could also perform stereotactic radiosurgery (SRS), a procedure designed to target small tumors and other anomalies affecting the brain or spinal cord without damaging the surrounding tissue. These retrofitted linear accelerators have been linked to numerous cases of radiation overdose.Related Article: Zydelig Lawsuit

Latest Radiation Treatment Lawsuit Updates

November 1, 2024 – Recent lawsuits reflect a growing concern over radiation mismanagement in oncology, with experts warning that poor training and profit motives may jeopardize patient safety. October 24, 2024 – Legal professionals responding on Justia confirm that patients given too much radiation may have grounds for a malpractice suit if their injuries resulted from negligence or equipment failure.December 2, 2022 – A $300,000 settlement was reached in a radiation overdose case, where a patient suffered significant harm due to excessive exposure during treatment—highlighting the risks of poor radiation management in healthcare.

FDA Reports and Statistics

The retrofitted linear accelerators were approved through the FDA’s controversial 510(k) process, which fast tracks devices that are ‘substantially equivalent’ to products already on the market. Since reporting of problems with linear accelerators to the FDA is largely voluntary for users and inconsistently enforced for manufacturers, determining how often SRS errors occur is difficult.According to medical experts, linear accelerators, which generate radiation without using radioactive material, are overseen by the U.S. Food & Drug Administration (FDA), while the Gamma Knife is regulated by the Nuclear Regulatory Commission (NRC) because it uses a radioactive isotope. The NRC wields greater power than the FDA in its ability to investigate and publicize problems with medical devices.

Radiation Treatment Injuries & Side Effects

Effects of radiation sickness vary according to the dose the patient is exposed to. In most cases, the higher the dose the sooner the effects appear — and the worse the prognosis.

• Nausea & Vomiting: Common initial symptoms of radiation poisoning
• Spontaneous Bleeding: From the nose, mouth, gums and/or rectum
• Skin Damage: Red, blistered skin requiring skin grafts in severe cases
• Hair Loss: Can be temporary or permanent depending on radiation dose
• Severe Fatigue: Persistent exhaustion that impacts daily activities
• Internal Ulcers: In the mouth, esophagus, stomach and/or intestines
• Infections: Bacterial, fungal, and viral infections due to weakened immunity

Do You Qualify for a Radiation Treatment Lawsuit?

You may qualify for a radiation treatment lawsuit if:

• You received radiation therapy using a Varian linear accelerator
• You experienced serious side effects including radiation poisoning symptoms
• The injuries required medical treatment or hospitalization
• You can provide medical documentation linking your injuries to radiation overdose

Evidence Required for a Radiation Treatment Lawsuit

To successfully pursue a radiation treatment lawsuit, you will need:

• Medical records documenting your radiation therapy treatment
• Documentation of symptoms and injuries following treatment
• Evidence of deviation from standard radiation dosing protocols
• Expert testimony linking your injuries to radiation overdose

Damages You Can Recover

Victims of radiation treatment errors may be entitled to compensation for:

• Medical expenses for treating radiation injuries
• Lost wages due to inability to work
• Pain and suffering caused by injuries
• Punitive damages against negligent manufacturers or providers
• Wrongful death damages for families who lost loved ones

Radiation Treatment Recall Information

While there has not been a complete recall of Varian linear accelerators, investigations have revealed safety concerns with these devices. A year before the Chichioco case, Varian discovered a problem with its medical device software. The company issued an update to Pacific Cancer Institute, but failed to provide any information about how to avoid the error.

Statute of Limitations for Radiation Treatment Lawsuits

The statute of limitations for filing a radiation treatment lawsuit varies by state but typically ranges from one to several years from the date of injury or discovery of harm. It’s critical to consult with an attorney as soon as possible to ensure your legal rights are protected within the applicable timeframe.Related Articles:

• Radiation Overexposure Lawsuit
• R3 Stem Cell Lawsuit

FAQs

1. What is Radiation Therapy?

Radiation therapy uses high-energy radiation to kill cancer cells by damaging their DNA. When cells are damaged, they can’t grow and divide, and over time they die off. However, radiation therapy can damage normal cells as well as cancer cells, so treatment must be carefully planned.

2. What is a Linear Accelerator?

A linear accelerator, or LINAC, is an image-guided radiation therapy (IGRT) system used to treat complex cases of lung, breast, stomach and brain cancer. The instrument is designed to deliver high-energy x-rays to a patient’s tumor, destroying cancer cells while sparing the surrounding tissue.

3. How do I know if my radiation treatment was negligent?

Consulting with a medical expert and legal professional can help determine if the treatment deviated from standard care practices and caused harm.

4. How long do I have to file a Radiation Treatment Lawsuit?

The statute of limitations for filing varies by state but typically ranges from one to several years from the date of injury or discovery of harm.

5. Can a Radiation Treatment Lawsuit be settled out of court?

Yes, many such lawsuits are settled out of court through negotiations between the parties involved, often resulting in a financial settlement.

6. How can I prove that my injuries were caused by radiation treatment?

Proof involves demonstrating a link between the treatment and injuries through medical records, expert testimony, and evidence of deviation from standard care.

7. What damages can I recover from a radiation treatment lawsuit?

Potential damages include medical expenses, lost wages, pain and suffering, and in some cases, punitive damages against the manufacturer or healthcare provider.

8. What happens if Varian linear accelerators are not properly calibrated?

Improper calibration can lead to radiation overdoses, causing severe side effects, tissue damage, and in some cases, contributing to patient deaths.

9. Why are ‘mix and match’ SRS systems problematic?

Radiation safety experts say retrofitted linear accelerators made of different companies’ equipment are tricky to operate and can lead to user errors and system incompatibilities.

10. How are linear accelerators regulated?

Linear accelerators are overseen by the FDA through the 510(k) process, which has less rigorous requirements than the Nuclear Regulatory Commission oversight that applies to radioactive devices like the Gamma Knife.

Take Action Now: Time-Sensitive Legal Claims

Time is limited to pursue legal action for radiation treatment injuries. Many states only allow between one to three years from the date of injury to file a claim, and this window may be closing in your case.The Medical Device Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in radiation therapy lawsuits. We are handling individual litigation nationwide and currently accepting new radiation overdose cases in all 50 states.We offer:

• Free, confidential consultations to evaluate your case
• No upfront costs or fees to begin your lawsuit
• Payment only if we win your case

If you or a loved one was injured by the side effects of radiation therapy, you should contact our law firm immediately. You may be entitled to compensation by filing a Radiation Therapy Suit and our lawyers can help.