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APRIL SAUL / Staff Photographer
Gary Kao, the University of Pennsylvania radiation oncologist who directed the prostate program, appearingat a Senate hearing in June. At right is Gerald Cross of the Veterans Health Administration.
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VA clinic troubles bring few penalties

Despite poor care in the Phila. prostate program, the agency has only slapped a few hands.

More than a year after the Philadelphia VA Medical Center said it had given substandard care to nearly 100 veterans with prostate cancer, the list of sanctions is sparse:

One physician accepted a three-day suspension. A radiation safety official got a letter of reprimand. And the University of Pennsylvania doctor who performed most of the poor procedures lost his job when the Philadelphia VA closed the program.

Several lawmakers who have investigated the cases said that the Department of Veterans Affairs' actions were both anemic and late, and that the agency had acted only after prominent newspaper articles appeared in the summer, detailing radiation overdoses and underdoses.

"They ought not have to wait for a front-page newspaper article or a Senate committee hearing to do what they should have done on their own," said Sen. Arlen Specter (D., Pa.), one of the lawmakers who feels the VA has been slow to respond. "I think that it is regrettably necessary to keep pressure on them to follow up."

Newly obtained documents shed more light on the program, showing that the mistakes began with the earliest cases, starting in 2002, and that the hospital missed numerous opportunities to catch them.

In one 2003 case, for example, more than half the radioactive seeds landed in the patient's bladder instead of in the prostate. Yet no program-wide review ensued, and the brachytherapy treatments continued for five more years.

Gary Kao, the Penn radiation oncologist who directed the program, has been the public whipping boy for its flaws. He lost his VA position when the program was closed but was never officially sanctioned by the hospital. He's now on leave from Penn.

A whole team worked with Kao and shares responsibility for what happened, say investigators from the VA and other agencies.

So does the Nuclear Regulatory Commission, which oversees the medical use of radioactive materials. The NRC reviewed several of the worst Philadelphia cases, including the 2003 case, and failed to stop the procedures.

From February 2002 to June 2008, the month the implant program was closed, 98 of 114 veterans treated got incorrect doses of radiation.

Federal investigators have found that 63 were underdosed and that 35 got too much radiation to tissue near their prostates.

The mistakes led to internal investigations, congressional scrutiny, and probes by the NRC and the VA's inspector general.

The NRC is expected to issue a report on the hospital's violations this week, followed by enforcement actions against the Philadelphia VA ranging from a violation notice to a fine of thousands of dollars.

At least five veterans have filed claims seeking compensation from the VA. The number is expected to rise since the VA has advised all the veterans of their rights to pursue legal action.

Gerald Cross, acting undersecretary for health at the Veterans Health Administration, and other officials ascribed delays to giving employees due process.

"Perhaps there were some missed opportunities" early on, Cross said, but he added that the agency had responded quickly when it identified a problem.

"We found it. We reported it. We took action" to stop the program, he said last month on his third visit to the medical center this year.

Cross said the VA was carefully monitoring the patients to ensure everything possible was being done for them.

Ten veterans have had a recurrence of their prostate cancer, according to the VA. And nine others show signs of a possible return.

Much of that may have been avoided if someone at the Philadelphia VA had been monitoring the quality of the implants performed by its team, led by Penn's Kao.

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Comments   
Posted 07:40 AM, 11/15/2009
K362PA
This is outrageous! Experts wonder why there is so little trust in the systems that underpin civil society - this is a prime example of why. Veterans who have served this country are treated with sub-standard medical procedures and the medical personnel whose negligence harmed these men get a slap on the wrist. I hope these vets sue the pants of the VA and Penn.
Posted 07:52 AM, 11/15/2009
EVA9601
All of our veterans deserve the very best, they served us to allow us to keep our precious freedoms-we often forget that. All veterans facilities should be staffed with the best in personnel and resources. This means including top qualified registered nurses to care for our vets.
Posted 08:32 AM, 11/15/2009
theodotius
Can't wait until the Federal government is managing ALL of our healthcare. What could possibly go wrong?
Posted 08:37 AM, 11/15/2009
fortunate1
I think the Inquirer should have a front page column everyday with updates on the real patients and their progress as a reminder to all of us of this gross negligience that went virtually unpunished. Cancer treatment is difficult in the best of circumstances. This article does not even come close to describing this atrocity. Especially for men that served our country. This is appalling and outrageous and the Inquirer has a duty to follow up on this. Suing and money will not give these vets their peace of mind back or their health. Something must be done!!!!!
Posted 10:04 AM, 11/15/2009
23
Once again, the Inky misses the point. This is the future of government run healthcare. Of course only minor penalties were doled out. It has to be that way. If not, the VA could never find any doctors to work in its system. As it stands now, a significant percentage of those docs who do work for the VA are those that could not cut it in the real world. Foreign medical grads, bottom of the barrel, and malpractice suits waiting to happen. Of course it is substandard care, it's the government! Don't worry, Obamacare will let everyone become a VA patient.
Posted 11:53 AM, 11/15/2009
Fishtown
Hello............ These guys are from The University of Pennsylvania. "The Mecca" of health care in the region. Be very clear that Penn Physicians ran the program. Before we enact tort reform, we must have appropriate oversight of the medical community/ physician accountability. Gross negligence and only 1 person lost their job and no one in jail? How about censuring their medical licenses? or revocation of their MD? It is criminal. These negligent practitioners continue to care for sick and infirm veterans and civilians at BOTH the VA and Penn. Scary............
Posted 01:02 PM, 11/15/2009
freedomrider
Let me see if I got this right. In 2003 the VA hospital’s radiation officer Mary E Moore conspires with Gary Kao to cover up major medical mistakes. Then in 2008 in addition to her regular salary, Moore gets a $5000 bonus for helping the veteran cancer patients get sicker. Moore only gets a letter of reprimand placed in her file. Now what would happen to me, the veteran, if after finding out that I had been the victim of malpractice by a VA doctor? Then, punch the doctor out, breaking his or hers jaw, does that mean I get a bonus too?
Posted 02:51 PM, 11/15/2009
acsalvo
The VA is Government run healthcare. In addition to substandard care to the patient, the physician is not properly penalized fortheir errors. What do you think will occur on a larger scale when the government runs all healthcare ?
Posted 04:07 PM, 11/15/2009
freedomrider
One of the problems is the VA’s habit of treating veteran patients like they are the property of the VA. The VA is concerned with the medical program appearing to look successful, rather than worrying about the veteran patients well being. Instead the veterans are used like canon fodder in medical learning experiments for the glory of the VA and University of Penn Hospitals. The veteran patients are of no account what so ever. This type of illegal medical culture will continue until these law breakers are publicly arrested, prosecuted and convicted with imprisonment and bared from practicing medicine in this country. Then that sort of conduct would stop!
Posted 01:52 AM, 11/16/2009
Falls Ed
Very sad. I think this shows that medical care is not a governmental function. It would be better all around if veterans got their service-connected care from their own doctors and the VA just paid for it.
Posted 09:13 AM, 11/16/2009
Reggie61
Fishtown is spot on, and those of you blaming this as an example of government run healthcare couldn't be further from the truth. The VA in Philadelphia "shares" doctors from U of P hospital. The doctors pocket an extra $188,000 or so for this privilege, so blame your freemarket health care and greedy doctors first. The punishments handed out by the VA however, are an embarrassment. A letter of reprimand? A three day suspension? Disgraceful.
Posted 09:13 AM, 11/16/2009
Reggie61
Fishtown is spot on, and those of you blaming this as an example of government run healthcare couldn't be further from the truth. The VA in Philadelphia "shares" doctors from U of P hospital. The doctors pocket an extra $188,000 or so for this privilege, so blame your freemarket health care and greedy doctors first. The punishments handed out by the VA however, are an embarrassment. A letter of reprimand? A three day suspension? Disgraceful.
Posted 09:49 AM, 11/16/2009
JimmyELR
As a VA employee (Employee/Labor Relations Specialist) I must say the following: 1) This is horrible and the punishment is too light. 2) The VA has a hard time recruiting high quality physicians due to Federal Labor laws restricting federal salary to less than $325,000 (President Obama's salary). 3) Federal employees are protected by the largest labor unions in the world. Not working the PA VA system, I can only assume the physician that was terminated is called a "Fee Basis" physician. Fee Basis physicians may be terminated at any time without notice or cause. He was probably fired because it was easy. Full-time, "permanent" physicians are members of a bargaining unit. As such, they are afforded employeement protection in the form of a Master Agreement. The only way to change this is to have physicians excluded from bargaining unit eligibility - not allow physicians to be members of a union. Being a union member limits the amount and types of discipline that may be issued. There is a process that must be followed (Admonishment to Termination). It can sometimes take years to fire a federal employee that is afforded union protection. This is due mostly to bad supervision, but I digress. The protection that union members have is only going to increase in this new administration. President Obama has appointed two high level union officials to serve on the Merit Systems Protection Board. It will still be possible to fire a federal employee, but it will more time. Unfortunately, as long as the money is rolling in, the unions don't really care about high quality health care, nor the veterans they are sworn to serve. It's shame and a farce, but it's the way we must operate. There are physicians that need to be fired and many that need a huge raise. If we get nationalized health care it's only going to get worse. Whould you work in the private sector for $600K or at the VA for $250K? That's the question. You get what you pay for.
Posted 10:44 AM, 11/16/2009
freedomrider
Comparing US healthcare reform with the VA is just medical insurance industry propaganda. US healthcare reform means medical insurance for everyone.
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