Recent Utah Swine Flu Death May Have Been Preventable

Bret Hanna
Attorney
(866) 735-1102 Ext 421
Visit Bret Hanna on FacebookVisit Bret Hanna on LinkedInVisit Bret Hanna on TwitterVisit Bret Hanna on Avvo
Posted by Bret HannaJune 24, 2009 8:34 PM

Francine Rushton, 47, lost her life to the H1N1 swine flu on June 13th, and her death may very well have been preventable. Prior to her death, Rushton had twice visited the Jordan Valley Medical Center and both times she received a rapid diagnostic test to determine if she had swine flu. Both tests came back negative.

The rapid diagnostic tests, however, have a very high false negative result rate. But since she did not test positive, she did not qualify to receive Tamiflu treatment under state and federal guidelines, despite the high false negative rates and even though she had flu like symptoms and she lived with her mother who had tested positive for swine flu.

Rushton's mother tested positive for swine flu on May 30th. Within 24 hours, Rushton was exhibiting the same symptoms so she went for her first test on May 31st. She was not getting better so she returned for her second test three days later. According to Rushton's brother, Craig Whitehead, family members begged for Tamiflu therapy despite the results of the second test because of Rushton's symptoms and because the therapy helped Rushton's mother. Doctors at the hospital refused and sent Rushton on her way.

Another three days passed and Rushton's health continued to decline. She returned to Jordan Valley and although she tested negative a third time for swine flu, doctors admitted her to the hospital. On June 9th, Rushton was transferred to Intermountain Medical Center (IMC) in critical condition. There she was tested for swine flu yet again and this time, the result was positive. But despite the heroic efforts of those at IMC, treatment at that point could not save Rushton.

The rapid flu antigen tests have an accuracy rate of between 50 and 70 percent as opposed to the laboratory completed virus tests. The low accuracy rate is one reason that some suggest doctors should not rely on the antigen tests alone when deciding whether to treat patients as if they have swine flu. Dr. Robert Rolfs, Utah state epidemiologist, has indicated that since the swine flu is now so prevalent in the state, anyone who exhibits flu like symptoms (sore throat, cough, fever), should be presumed to have swine flu until there is concrete evidence to the contrary. Had such a course been followed by doctors treating Francine Rushton, she may very well still be alive.

2 Comments

Have an opinion about this post? Please consider leaving a comment or subscribing to the feed to have future articles delivered to your feed reader.

upsetUtahmothers
Posted by upsetUtahmothers
June 25, 2009 8:02 PM

This type of issue still blows my mind: negligence by Utah doctors and nurses state-wide. Why could not they just treat her if her mother had it, it's seems like common sense that the daughter would have it too, regardless of negative test results. This type of negligence has been happening for a long time now: I took my daughter to the E.R as she was crying in pain over her ear hurting. She has chronic ear infections, but the doctor on call (having had to be called away from church on a sunday) told me she was "faking" and didn't even look in her ears. At the soonest possible time I could, I took her to her old pediatrician, and sure enough, she had a massive ear infection. The point: DOCTORS and NURSES need to look over the cold hard facts in certain cases and maybe DO THEIR JOB, to help people get well again.

zarogoza
Posted by zarogoza
July 13, 2009 3:26 AM

Francine was married to our uncle and we just recently found out she had passed. It infuriated me being in the medical feild myself that she sacummed to such gross negligence.People who practice with such dis-concerns are repulsive. Not only Utah though. I was diagnosed with uterine cancer and was put on birth control!drove to a bigger city and was taken into surgery. Idaho

Comments for this article are closed.

Subscribe to InjuryBoard Salt Lake City

InjuryBoard Salt Lake City RSS Feeds

Keep up with the latest updates using your favorite RSS reader

Injury Board Salt Lake City is brought to you by Jones Waldo

Legal Assistance Center

More Info
Jones Waldo (866) 735-1102 Ext 421 www.joneswaldo.com
google
Personal Injury Lawyers Serving: Salt Lake City, Salt Lake, Utah, Davis and Weber Counties, Sandy, Ogden, Bountiful, Provo, Orem, Draper, Park City, Heber City, Logan, West and South Jordan, Tooele, Granstville, and Evanston, WY
170 South Main Street,Suite 1500, Salt Lake City, Utah 84101 [ Show Map ]
Better Business Bureau Accredited Business Confidential

Your question will be referred to an attorney near you. If your question is of a legal nature, then by submitting this form you agree you are not forming a formal attorney / client relationship. Read our full privacy policy.

Looking for an InjuryBoard attorney closer to home? Click here.

Subscribe to Blog Updates

Enter your email address if you would like to receive email notifications when comments are made on this post.

Email address