ERIE – An Erie man has launched litigation against the U.S. government and the Department of Veterans Affairs, claiming that they negligently failed to pronounce an early diagnosis of his prostate cancer.
Gerald Anderson filed suit in the U.S. District Court for the Western District of Pennsylvania on Dec. 2 versus the United States of America, the United States Department of Veterans Affairs and the Veterans Health Administration of Washington, D.C., plus the Erie Veterans Administration Medical Center, of Erie.
“Anderson established primary care at the Erie VA on or about Dec. 16, 2016, during an initial visit and medical examination. At that first medical visit, Anderson told the nurse practitioner that his parents had a history of cancer, and he was concerned about his risk of prostate cancer because his brother had recently died from complications of prostate cancer,” the suit says.
“At that first medical visit, Anderson informed the nurse practitioner that his last physical exam was seven to eight years prior to that visit and Anderson was asked his ‘level of interest in learning about illness and/or health promotion’. Anderson’s response was, ‘Great interest.”
Despite this open interest, the suit says Anderson was not provided the benefits and risks of prostate screening, nor was he given any other information regarding that process at the December 2016 visit.
In subsequent visits in 2017 and 2018, Anderson did not receive prostate cancer screening, despite expressing prostate and urinary difficulties at the latter visit.
A bladder ultrasound revealed a mildly-enlarged prostate gland and results which indicated his bladder wasn’t fully emptying during urination, but despite these red flags, no further treatment or testing was ordered for another year.
It wasn’t until August 2019 that a biopsy showed that Anderson had Stage IV prostate cancer. Despite ongoing treatment, the plaintiff says his prognosis is poor.
“Defendants’ significant delay in diagnosing or treating Anderson’s prostate cancer has resulted in a poorer prognosis for recovery than had he been diagnosed and treated earlier and has increased his risk of early mortality. Moreover, Anderson has had to undergo longer, more aggressive and more painful and debilitating treatment in an attempt to cure his prostate cancer, than had he been diagnosed earlier,” the suit states.
“As a direct and proximal result of the negligence of the defendants and/or defendants’ agents, servants, representatives and/or employees, Anderson now must suffer significantly more aggressive, painful and debilitating treatment for a longer period of time and he suffers from a significantly poorer prognosis than had he received a timely diagnosis of prostate cancer.”
For one count of negligence (encompassing corporate negligence, negligent supervision and vicarious negligence), the plaintiff is seeking damages in excess of the arbitration limits, plus interest, costs and possible other further relief the Court deems proper.
The plaintiff is represented by Eric J. Purchase of Purchase George & Murphey, in Erie.
The defendants have not yet secured legal counsel.
U.S. District Court for the Western District of Pennsylvania case 1:21-cv-00334
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com