Man given incorrect death diagnosis by VA doctor awarded $59,000

2013-05-09T00:00:00Z 2013-05-09T09:58:38Z Man given incorrect death diagnosis by VA doctor awarded $59,000By EVE BYRON Independent Record Helena Independent Record
May 09, 2013 12:00 am  • 

A man who thought he would be dead within six months after being incorrectly diagnosed with brain cancer at the Fort Harrison VA Medical Center has been awarded $59,820 for the grief and stress it caused him and his family.

In documents filed this week, U.S. District Court Judge Donald Molloy wrote that Mark Templin and his family’s distress was caused by Dr. Patrick Morrow’s “negligent failure to meet the standard of care” while Templin was a patient of Morrow’s at the VA.

“It is difficult to put a price tag on the anguish of a man wrongly convinced of his impending death,” Molloy wrote. “Mr. Templin lived for 148 days … under the mistaken impression that he was dying of metastatic brain cancer.”

Molloy noted that at one point, Templin considered suicide so that his family wouldn’t have to watch him wither away.

The case began on Jan. 28, 2009, when Templin arrived at the VA northwest of Helena complaining of acute chest pain. He had a stent inserted and appeared to be recovering well, but a week later he developed problems with his memory, vision and speech, and was having headaches.

Morrow, an internist at the VA, referred Templin to an ophthalmologist, who suspected Templin had suffered a stroke and recommended a CT scan, which was administered. The scan showed brain abnormalities, which Morrow discussed with a neuroradiologist, who told him Templin could be suffering from a variety of diagnoses, including a brain tumor or a stroke.

The neuroradiologist added that further diagnostic testing was needed be more definitive. However, later that day, Morrow met with the VA’s tumor board and presented the case as a strong suspicion of brain cancer, but apparently didn’t mention that it could have been a stroke, according to court documents.

Morrow testified that he told Templin and his family that his “greatest fear” was brain cancer and that further diagnostics were needed, and that he advised Templin to undergo an MRI.

However, Molloy wrote that there was no indication in Templin’s medical records that Morrow suggested any further diagnostic workup and that Templin and his family understood that he had brain cancer and was expected to die within six months.

Molloy wrote that one of Templin’s daughters asked Morrow how her father would die and “he explained one of the tumors would grow ‘like cauliflower’ and Templin would die from a brain bleed.”

They talked about cancer treatment, but after learning that it would only ease his pain and not cure him, Templin decided that he didn’t want to sacrifice the “quality of his life for any potential increase in quantity,” according to court documents.

Templin was prescribed two drugs used to treat brain cancer, one of which is not supposed to be given to stroke patients. He also was ordered hospice care, which is for terminally ill patients not expected to live longer than six months.

He sold his truck, quit his job and put his affairs in order, which included prominently displaying a “Do Not Resuscitate” notice on his refrigerator so any emergency medical responders would let him die. His family held a “last birthday” dinner from him and he arranged and paid for his funeral service. His son-in-law made a wooden box for his ashes.

Molloy wrote that after Templin’s discharge in February 2009, hospice records say he was “very depressed and preoccupied with his diagnosis.” Templin testified at a recent court hearing that he cried often and considered shooting himself to spare his family from going through the pain and distress associated with his diagnosed terminal illness.

“While under the impression that he was afflicted with metastatic brain cancer, Mr. Templin wondered each day whether it would be his last,” Molloy wrote.

Yet he started feeling better, and in June he terminated hospice care. In July, he underwent additional testing at Fort Harrison, and this time a doctor told him the CT scan showed multiple small strokes, but no brain cancer. An MRI in December 2009 confirmed that it was a stroke, not brain cancer, that caused his symptoms earlier in the year.

Molloy wrote that Faust Alvarez, the chief of staff at the VA at the time, sent Templin a letter confirming that he suffered a stroke, not brain cancer, although Faust later testified that the statements weren’t an admission of fault or that the diagnosis was faulty.

“Dr. Alvarez’s testimony regarding investigation and fault is not credible,” Molloy added. “The letter intended to communicate and actually did communicate an acceptance of fault by Fort Harrison VA Medical Center for the misdiagnosis of Mark Templin.”

Molloy decided to award $500 per day for the initial period of severe mental and emotional distress from Feb. 4, 2009 to April 15, 2009, and $300 per day for the latter period until his new diagnosis. He also ordered the VA to repay Templin for the cost of his “last” birthday celebration and for the prearranged funeral service.

Assistant U.S. Attorney Jessica Fehr, with the U.S. Attorney’s Office in Billings, which represents the VA, said they have 30 days to decide whether to file an appeal and hadn’t made a decision yet on whether to do so.

Reporter Eve Byron: 447-4076 or eve.byron@helenair.com Follow Eve on Twitter @IR_EveByron

Reporter Eve Byron: 447-4076 or eve.byron@helenair.com. Follow Eve on Twitter @IR_EveByron.

Copyright 2016 Helena Independent Record. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

(3) Comments

  1. wanttocomment
    Report Abuse
    wanttocomment - May 10, 2013 1:52 pm
    Really? $59,000.00? Medical care in Helena is horrible and it is never going to get any better if the judicial system isn't going to impose any stiffer penalties. .
  2. slimbowmt
    Report Abuse
    slimbowmt - May 09, 2013 2:39 pm
    I think 59,000 dollars for telling a person that his life is over in six months,and him and his family getting false information.It could have ended up with a death.I would not liked to have been in his shoes $59,000 is just a drop in a bucket.I hope the man,and his family better times to come.You must have had a hard time in those months.Take care,and Happy birthday,and many more to come Mr Templin.
  3. abababab
    Report Abuse
    abababab - May 09, 2013 1:25 pm
    Wow, I feel a lot of grief for the patient, his family , and the doctor. I believe the doctor was in a rush or simply did not relay the information properly from the neuroradiologist.

Civil Dialogue

We provide this community forum for readers to exchange ideas and opinions on the news of the day. Passionate views, pointed criticism and critical thinking are welcome. Name-calling, crude language and personal abuse are not welcome. Moderators will monitor comments with an eye toward maintaining a high level of civility in this forum. Our comment policy explains the rules of the road for registered commenters. If you receive an error after submitting a comment, please contact us.

If your comment was not approved, perhaps:

    1. You called someone an idiot, a racist, a dope, a moron, etc. Please, no name-calling or profanity (or veiled profanity -- #$%^&*).

    2. You rambled, failed to stay on topic or exhibited troll-like behavior intended to hijack the discussion at hand.

    3. YOU SHOUTED YOUR COMMENT IN ALL CAPS. This is hard to read and annoys readers.

    4. You have issues with a business. Have a bad meal? Feel you were overcharged at the store? New car is a lemon? Contact the business directly with your customer service concerns.

    5. You believe the newspaper's coverage is unfair. It would be better to write the editor at editor@helenair.com. This is a forum for community discussion, not for media criticism. We'd rather address your concerns directly.

    6. You included an e-mail address or phone number, pretended to be someone you aren't or offered a comment that makes no sense.

    7. You accused someone of a crime or assigned guilt or punishment to someone suspected of a crime.

    8. Your comment is in really poor taste.

    9. Don't write a novel. If your comment is longer than the article you're commenting on, you might want to cut it down a bit. Lengthy comments will likely be removed.
Add Comment
You must Login to comment.

Click here to get an account it's free and quick