Damage to my autonomic nervous system after radiation treatment?
(Sierra Vista, AZ)
Men frequently have erectile dysfunction related to damage to the autonomic nervous system and is a frequent long-term side effects of cancer treatment. I finish treatment in January 2009 of 8 weeks of daily radiation combined with daily CT scans of 8 weeks. I told my doctor about this on 9/25/2015.
Other problems I have are anemia, maybe Aplastic Anemia(?) and blood pressure problems that have caused syncope, and almost passing out. On April 1, 2016 my blood pressure was: 60/62 at 4:30 AM, 59/63 at 7:52 AM. Bone marrow dysfunction can develop when long term radiation in the pelvic area where most bone marrow is produced, resulting in anemia.
I think the long term radiation treatment gave me pure autonomic failure. The manufacturer of the Tomotherapy machine failed to warn me that this could happen years after radiation treatment. Do I have a legal case against them for this? What can I do? Thank you.
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ANSWER for "Damage to my autonomic nervous system after radiation treatment?":
William (Sierra Vista, AZ):
The obvious question is, if you knew the radiation treatment might have caused erectile dysfunction, would you have chosen to forego treatment so you would not experience erectile dysfunction?
To determine whether the Tomotherapy machine manufacturer’s failure or your physician's failure to warn you about the radiation possibly causing erectile dysfunction, and linking that failure to your actual erectile dysfunction, will require expert medical and pharmaceutical testimony.
While it is possible you might find an attorney to accept your case, from the facts you present, it will be very difficult to do so. You can be sure the manufacturer of the Tomotherapy machine and your physician will not simply admit the connection and agree to settle your claim and compensate you for the erectile dysfunction.
A defective product lawsuit will likely have to be filed. Filing and then pursuing a lawsuit against the manufacturer of the Tomotherapy machine and/or your physician will cost many tens or hundreds of thousands of dollars.
We researched the possible existence of one or more class actions against the manufacturer of the Tomotherapy machine. We were unable to find even one. That doesn't mean you can't begin one.
Of course, doing so will require a law firm with enough assets to be able to finance a class action lawsuit against the manufacturer or physician, and to be able to advertise to seek additional plaintiffs who have been similarly harmed to "opt-in" to the class action.
Check with several personal injury attorneys in your area. Most injury attorneys will not charge any fees for an initial office consultation. Bring along your medical records and medical bills. The attorneys will review those records and the facts as you know them, and let you know if they believe your claim is viable.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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