Company defends laser treatments, despite loss in court

There's Star Wars-like music with hopeful messages on the homepage video greeting from Lase Med Inc. On an attached YouTube video, we find the founder, Antonella Carpenter.

"I am a physicist. I never claim to be a medical doctor, that's why the patients come to me because those are the ones who want alternative," Carpenter said.

It's an alternative using lasers to kill cancerous tumors. Carpenter says the heat activated in the process does the job. 

"Elevated temperature, the tumor reached 134 degrees farenheight, and that is the temperature sufficient to kill the tumors. I have the science that backs it," Carpenter said.

But not everyone buys it.

"Look, you just can't say whatever you want to people, whether it's on the internet or in person, even if it's an alternative," Will Bond said.

And that was part of the basis for a federal lawsuit against Lase Med Inc.

Little Rock Attorney Will Bond represented a California woman who used the company's treatment in November of 2007 for breast cancer. Bond says she felt OK at first but later became worse.

"In late April, early May, she found out from medical doctors that in fact her cancer had spread and that she was inoperable," Bond said.

On Tuesday, a federal jury in Little Rock sided with Bond's client, following a trial without Carpenter and her attorney.

"That is an unconstitutional trial. That is a ridiculous judgment. There is no support in the kind of law," Carpenter said.  

She claims she couldn't afford a lawyer with previous legal costs.

And the judge said since she missed a deadline to get an attorney, the plaintiff would win, with no trial.       

"This thing has been a farce from day one," Carpenter said. "They are misleading the public and keeping them from an inexpensive thing that is an actual solution."

"You can't make these representations that are untrue and baseless and get away with it," Bond said.

As for the $2.5 five million dollars in damages, Bond says he doesn't expect Carpenter to pay that. He says for his client, winning the case in federal court is good enough.

Carpenter gave us no official word Thursday, but says paying these damages makes no sense since she was not represented at the trial.

Medical Malpractice Claims In Oklahoma – Official Report « Medical ...

The Oklahoma Medical Professional Liability Insurance Closed Claim Annual Report  for January 1, 2009 to December 31, 2009 reports that there were 371 closed claims against physicians and surgeons, 70 closed claims against hospitals, 100 closed claims against other medical professionals, and 136 closed claims against other health care facilities during the period. The largest number of injuries occurred in hospital inpatient facilities (301) , physicians’ offices (129), and in other outpatient facilities (73). The emergency room was the location of injury for 45 claims and the patient’s home was the location of injury for 50 claims.

Closed claims by practice type included professional corporation or partnership (220); self-employed (310); employed physician (73); employed nurse (4); intern or resident (4); and, institutional (academic) (50).

The largest number of closed claims were for injuries that occurred in Oklahoma County (262) followed by Tulsa County (160). The largest number of closed claims were filed in Oklahoma County (222) followed by Tulsa County (129).. 

A lawsuit was filed in 547 of the closed claims; 130 of the closed claims did not involve a filed lawsuit. 130 closed claims were settled before a lawsuit was filed; 324 closed claims were dismissed after a lawsuit was filed; 148 closed claims were settled after a lawsuit was filed but before trial; 55 closed claims were closed during trial; 13 closed claims were closed after verdict; and, 7 closed claims were closed after an appeal. There was a verdict in 28 of the closed claims and there was no verdict in 649 of the closed claims. The verdict was appealed in 7 of the closed claims and there was no appeal of the verdict in 670 of the closed claims. There was only one named defendant in 209 of the closed claims; two defendants in 129 of the closed claims; three defendants in 83 of the closed claims; four defendants in 67 of the closed claims; five defendants in 29 of the closed claims; six defendants in 48 of the closed claims; and, more than six defendants in 63 of the closed claims.

The total amount paid out during 2009 for medical malpractice court awards and settlements was $82,285,993, of which $65,843,284 was paid exclusive of attorneys fees and case costs. The amount paid for defense costs during 2009 was $21,879,584. 

For 2009, the number of claims with payments made by insurers was 240. The number of claims with no payment by insurers was 437.

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