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Salyer v. Riverside United Methodist Hospital6/20/2002
. Plaintiffs-appellants, Ronald Salyer (individually, "plaintiff") and Marilyn Salyer, appeal from a judgment of the Franklin County Court of Common Pleas granting summary judgment in favor of defendants-appellees. Because the trial court properly found plaintiffs' claims barred by the applicable statute of limitations, we affirm.
. In November 1975, plaintiff was diagnosed with testicular cancer and had a testicle surgically removed. From December 15, 1975 through January 21, 1976, plaintiff underwent radiation therapy at Riverside United Methodist Hospital ("Riverside"). During the same period, Dr. Joel Axt, a physicist, miscalculated the radiation output of the Cobalt 60 radiation therapy unit at Riverside.
. Following plaintiff's third radiation treatment, plaintiff experienced what he believed to be radiation poisoning. Plaintiff discussed his concerns with Dr. Stephen Andresen, who reduced the radiation dosage for the remaining treatments. During his radiation therapy, plaintiff nonetheless experienced intense pain in the areas of his body that were irradiated, at least one open wound, and burned skin that became indurated and permanently discolored. Plaintiff's reactions during and immediately following the radiation treatments were different than those reported to him as normal or common.
. During a follow-up office visit in 1976, Dr. Andresen informed plaintiff that plaintiff had received more radiation than had been intended, and as a result scarring or fibrosis, or both, could result. In fact, permanent scar tissue developed in plaintiff's abdomen as a result of the radiation therapy, causing pain, discomfort, and muscle cramps. The scar tissue also pushed air from his lungs when he bent over, resulting in difficulty in plaintiff's performing his job duties as a HVAC serviceman in the 1970s and 1980s.
. Within a year of plaintiff's last radiation treatment, plaintiff became aware through news reports of other radiation overdoses at Riverside. Between 1976 and 1980, plaintiff learned that other overdose patients had filed lawsuits. Plaintiff conferred with an attorney about his own situation within a year of becoming aware of radiation overdoses at Riverside, but he did not pursue litigation at that time.
. In March 1995, plaintiff was informed that he had adult-onset diabetes. Later, in 1996, plaintiff developed low back and hip pain for which he sought medical treatment and received x-rays. According to plaintiff, the x-rays revealed he was experiencing bone disintegration in his low back and hip, and he then first became aware that his low back and hip pain were related to his previous radiation exposure.
. In January 1997, plaintiffs filed a lawsuit alleging that plaintiff's diabetic condition was caused by his radiation overdose; plaintiffs later voluntarily dismissed the complaint. On October 3, 2000, plaintiffs refiled the present complaint against Riverside, Stephen Andresen, M.D., Joel Axt, Ph.D., and John Doe corporations and physicians. Plaintiffs sought recovery for medical malpractice and loss of consortium, but did not include the earlier demand for damages due to plaintiff's diabetic condition.
. Defendants Riverside, Andresen, and Axt moved for summary judgment, which the trial court granted. Plaintiffs timely appeal, and assign the following errors:
Assignment of Error No. 1:
THE COMMON PLEAS COURT ERRED TO THE PREJUDICE OF APPELLANTS RONALD SALYER AND MARILYN SALYER IN GRANTING SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS SINCE THEY WERE NOT ENTITLED TO SUMMARY JUDGMENT, AS A MATTER OF LAW, UNDER CIVIL RULE 56.
ASSIGNMENT OF ERROR NO. 2:
Page 1 2 3 4 5 Ohio Personal Injury Attorneys
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