UCSD loses $39.5M retaliation lawsuit against Radiation Oncologist

[Gfunk6]

From Becker's Healthcare News

Oncologist wins $39.5M in retaliation lawsuit​

Mariah Taylor (Email) - Thursday, August 3rd, 2023


Email
A jury awarded more than $39.5 million to an oncologist who accused UC San Diego of retaliation after a dispute over a $10 million donation, The Brunswick News reported Aug. 3.
Radiation oncologist Kevin Murphy, MD, treated a cancer patient who went on to donate $10 million to the UC system for cancer research. The system planned to use it as a general gift for its Moores Cancer Center, but Dr. Murphy argued the donation was meant for his clinical research on brain stimulation treatment. Eventually the money was set aside for his research, but Dr. Murphy claimed school officials thwarted his attempts to set up the trial.
The school said he violated policies, wrongly used donated funds and enriched himself and his companies. The University of California Regents, which oversees the UC system, sued Dr. Murphy for alleged fraud and breach of duty while Dr. Murphy sued them for alleged retaliation and wrongful termination.
The lawsuits were combined into a single trial that lasted eight weeks. The jury awarded Dr. Murphy roughly $9.5 million in economic damages and $30 million in additional damages. It also awarded the UC Regents about $67,000 for money Dr. Murphy earned outside the university.
UC San Diego declined the news outlet's request for comment.

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[RadOncDoc21]

From Becker's Healthcare News

Damn, I’m jealous! He def made it out as the winner on this one!!

 

[Palex80]

Kevin Murphy, MD | United States

Dr. Murphy has gained wide expertise in the emerging field of repetitive transcranial magnetic stimulation (rTMS), and has created a proprietary, personalized approach to rTMS treatment termed PrTMS.

www.kevintmurphy.com

Never about this stuff before.

 

[communitydoc13]

Kevin Murphy, MD | United States

Dr. Murphy has gained wide expertise in the emerging field of repetitive transcranial magnetic stimulation (rTMS), and has created a proprietary, personalized approach to rTMS treatment termed PrTMS.

www.kevintmurphy.com

Never about this stuff before.

Stuff is weird, but might work. Hopefully trials will accrue and be published.

I can say without a doubt, from doing weird research (that went nowhere for me) that cells are remarkably sensitive to relatively low frequency alternating electric fields (likely through their magnetic component).

Kinda cool ancillary work for a radonc. Maybe we can give both ionizing radiation and TMS. Gotta be a dosimetry component to TMS and we are the only docs that think in terms of physical dosimetry.

Psych? Not so much.

 

[PikminOC]

Stuff is weird, but might work. Hopefully trials will accrue and be published.

I can say without a doubt, from doing weird research (that went nowhere for me) that cells are remarkably sensitive to relatively low frequency alternating electric fields (likely through their magnetic component).

Kinda cool ancillary work for a radonc. Maybe we can give both ionizing radiation and TMS. Gotta be a dosimetry component to TMS and we are the only docs that think in terms of physical dosimetry.

Psych? Not so much.

What do you mean "psych not so much"?

 

[elementaryschooleconomics]

Things that I used to think were foolish:

LDRT
TMS
Photobiomodulation

Things that I think are foolish after years of reviewing the existing literature/clinical practice:

Essential oils

 

[A_DeMichele]

Did not read the details, but asking a brain tumor patient for donation is not cool

 

[metallica81788]

Things that I used to think were foolish:

LDRT
TMS
Photobiomodulation

Things that I think are foolish after years of reviewing the existing literature/clinical practice:

Essential oils

Where do protons fit into that list?

 

[thecarbonionangle]

Glad to see the grifters at UCSD have to majorly pay.

 

[Gfunk6]

Where do protons fit into that list?

Essential Oils - we all know they don't do jack but they are profitable so we do it anyway

 

[communitydoc13]

What do you mean "psych not so much"?

Ha!

Just trying to position radoncs as owners of any sort of intervention where there is any sort of electromagnetic as opposed to pharmaceutical intervention.

Like alternating electric fields for brain tumors. (Optune) Also dismissed by many despite better data than most interventions.

Of course, psych should be treating depression.

 

[NotMattSpraker]

Did not read the details, but asking a brain tumor patient for donation is not cool

Uh, then dont dig in to how big institutions solicit donations because it is an optimized workflow and it is GROSS.

I never knew about this until my faculty job. We had a seminar about it, then one day I got a cold call from inside the house, from the donation specialists. One of my patients landed on their list and they wanted to talk with me about how "we" could approach him.

When facilities get donations, sometimes a portion does not go to the investigator either. I asked about this specifically on our Common Sense Oncology podcast because I noticed the donations are running through UCSD. They reassured me about that specific fund, so I donated.

Im sure there are two sides to the story, but this story is awesome to see on its face. Good for Dr. Murphey.

Also just as an aside, I did my PhD in neuroscience/movement science, specifically brain imaging research. Others in the lab were playing with TMS, its freaky stuff.

 

[winstonfoot5]

Uh, then dont dig in to how big institutions solicit donations because it is an optimized workflow and it is GROSS.

I never knew about this until my faculty job. We had a seminar about it, then one day I got a cold call from inside the house, from the donation specialists. One of my patients landed on their list and they wanted to talk with me about how "we" could approach him.

this is 100% accurate. I used to get asked to "run the list" of flagged patients on my panel about once a quarter to see who we could shake down

 

[RadOncDoc21]

Gotta work your magic!

 

[elementaryschooleconomics]

Did not read the details, but asking a brain tumor patient for donation is not cool

Uh, then dont dig in to how big institutions solicit donations because it is an optimized workflow and it is GROSS.

I never knew about this until my faculty job. We had a seminar about it, then one day I got a cold call from inside the house, from the donation specialists. One of my patients landed on their list and they wanted to talk with me about how "we" could approach him.

When facilities get donations, sometimes a portion does not go to the investigator either. I asked about this specifically on our Common Sense Oncology podcast because I noticed the donations are running through UCSD. They reassured me about that specific fund, so I donated.

Oh man. I've never really thought about this until just now.

So I just assumed my experience was generalizable but perhaps not. I've been heavily involved in this sector for a long time across multiple institutions. One institution in particular being on the level of "random tour groups from other countries are walking through this hallway" or "hey what are you doing for lunch, do you want to go hang out with the President's daughter" - stuff like that.

My involvement with "institutional philanthropy" was accidental. Basically, the people on my PhD committee/the labs I collaborated with were also higher up on the admin chain and were always being asked to do things, and they knew I could actually hold a casual conversation for more than 30 seconds...which is a rarity in medicine (less and less, of course, but come on - we're all pretty weird).

My point being is that I DID NOT have the jarring experience it sounds like @NotMattSpraker had. I know "donation specialists" exist, I know what they do, and I've never talked to one.

Instead, what I've done is interact with donors organically. Yes, of course there are things like the commercials saying "give just $1 per day to save 1,000 children".

But if you're talking at the level of cancer research and folks giving >$25,000...these people are doing it for a reason. It's personal to them. It means a lot to them. There are a lot of people in America who have made a decent amount of money in various businesses. If you spend your life building a successful T-shirt company, you probably didn't also have time to learn how to be a doctor or a scientist. But we all get sick, or have family and friends get sick. And you feel compelled to get involved somehow. Sadly, T-shirts don't cure cancer.

So instead, you plow money into cancer research because it's the literal next best thing. And you care deeply about it. And you actually help a lot of basic scientists out. And it's hard to measure, but there's a pretty big "butterfly effect" as a result.

OBVIOUSLY there's a ton of sleaze and gross crap happening all the time. Grifters abound.

But some of the most intense altruism/commitment to science and medicine I've ever seen has come from the cancer philanthropy space. It's part of the reason med school/residency didn't damage my soul completely (just like, 75% damage instead).

 

[A_DeMichele]

gross. this is not any better than asking dying George Harrison to sign a guitar

 

[elementaryschooleconomics]

Medical research should only be funded by taxpayer dollars, or a cut of "goods-for-services" transactions via clinical revenue, or is the equivalent of Gil Lederman?

Put another way - if an individual is willing and capable of donating $10 million dollars, it definitely shouldn't go to cancer research?

 

[TheWallnerus]

Medical research should only be funded by taxpayer dollars, or a cut of "goods-for-services" transactions via clinical revenue, or is the equivalent of Gil Lederman?

Put another way - if an individual is willing and capable of donating $10 million dollars, it definitely shouldn't go to cancer research?

If a university accepts a 10 million dollar donation from a patient with brain mets and mental status decline, and the university is treating them for the brain mets… then that would be like Gil and George

Otherwise…

 

[NotMattSpraker]

Medical research should only be funded by taxpayer dollars, or a cut of "goods-for-services" transactions via clinical revenue, or is the equivalent of Gil Lederman?

Put another way - if an individual is willing and capable of donating $10 million dollars, it definitely shouldn't go to cancer research?

This is the thing that is both inspiring and really, really gross about the donation hustle.

There are patients that get a lot of joy out of donating. They feel strongly they want to make a difference in the world and leave behind a cancer environment that is better than what they had. I find this to be true across many patients, its just most can only donate in little ways like offering advice to other patients, support groups, or charity events. I don't think it is fair to call the entire practice gross as a blanket statement. If a millionaire with GBM wants to leave a bunch of money to help a doctor they love do research, more power to them!

The gross thing is that admins know the above and try to leverage it. Then you learn how money really flows through a prominent medical research institution. Then you learn the appalling ways researchers there treat each other and (unfortunately) sometimes patients.

Its like anything else in medicine. There is the small human bit that is real and inspiring, and its why we are all here. Then there is the "conquest for profits and glory"... not sure what to call it exactly. Anyway, it's that monster makes everything gross and you just want to burn it down.

Or, like, move to Colorado.

 

[RickyScott]

In general I can’t think of a bigger waste of philanthropic dollars than donating to a price gouging academic center.

 

[deleted1111261]

What’s the tl; dr ?

 

[Chartreuse Wombat]

What’s the tl; dr ?

As reimbursement falls and payors have more leverage a "new revenue stream" is required...hence philanthropy. I have refused to play this game for 30 years. I am a dinosaur but doctors shouldn't be involved in this enterprise

 

[thecarbonionangle]

In general I can’t think of a bigger waste of philanthropic dollars than donating to a price gouging academic center.

I agree. It really is a shame that these “top” places get donations from saudi princes and other wealthy people and just build more proton centers, do not treat poor people and do nothing to advance our field but reduce indications and reduce our footprint. Behind closed doors they think “i got mine who cares”

I just think how much this money could do in the right hands, but im an idealist. We know money goes to power and establishment. I love this story so much. It is a huge middle finger to the “big guy”.

 

[Lamount]

Donation Specialist = Development… where I work. Can confirm @NotMattSpraker account, and worse

 

[Doctorer]

Can also confirm @NotMattSpraker ’s account.

 

[PikminOC]

Ha!

Just trying to position radoncs as owners of any sort of intervention where there is any sort of electromagnetic as opposed to pharmaceutical intervention.

Like alternating electric fields for brain tumors. (Optune) Also dismissed by many despite better data than most interventions.

Of course, psych should be treating depression.

You know psych uses TMS for depression and other uses right?

 

[Palex80]

I wouldn't be too harsh on him.
Perhaps it was a patient with a benign tumor (meningioma) who had problems after RT with concentration and was interested in this therapy option. I have a few patients with benign / semi-malignant brain tumors 10+ year after RT, who do report issues.

 

[elementaryschooleconomics]

This is the thing that is both inspiring and really, really gross about the donation hustle.

There are patients that get a lot of joy out of donating. They feel strongly they want to make a difference in the world and leave behind a cancer environment that is better than what they had. I find this to be true across many patients, its just most can only donate in little ways like offering advice to other patients, support groups, or charity events. I don't think it is fair to call the entire practice gross as a blanket statement. If a millionaire with GBM wants to leave a bunch of money to help a doctor they love do research, more power to them!

The gross thing is that admins know the above and try to leverage it. Then you learn how money really flows through a prominent medical research institution. Then you learn the appalling ways researchers there treat each other and (unfortunately) sometimes patients.

Its like anything else in medicine. There is the small human bit that is real and inspiring, and its why we are all here. Then there is the "conquest for profits and glory"... not sure what to call it exactly. Anyway, it's that monster makes everything gross and you just want to burn it down.

Or, like, move to Colorado.

The difference between medicine and poison is the dose.

The therapeutic window for heartfelt giving and grotesque manipulation is narrow, and the one thing we can all agree on is Gil Lederman definitely shouldn't have a George Harrison guitar.

 

[communitydoc13]

You know psych uses TMS for depression and other uses right?

I do! (well as least depression, I wasn't aware of other indications until reading the linked articles on this thread). This is why I mentioned psych in my original post.

I had no intention of demeaning the field. Psych is super cool, enormously in demand, and much more of a competitive match at this point than radonc. We need more psychiatrists not more radoncs.

I am also very grateful for the early drug reconciliation work done by psychiatrists.

But, I am intrigued by the research of Dr. Murphy and thought it was both exciting and appropriate that a radonc was doing this sort of work.

From what I can tell, there is enough data out there to indicate that TMS is having an effect and it has been FDA approved for refractory depression for years, but the basic research underpinning it and an understanding of how different applications (call it dosimetry or targeting) will impact outcomes is very limited.

Given that it is a biophysical intervention and anatomically targeted, these are questions that are natural targets for radonc researchers IMO and a more refined TMS may be a reasonable clinical tool for practicing radiation oncologists.

 

[CaesarRO]

...

So I just assumed my experience was generalizable but perhaps not. I've been heavily involved in this sector for a long time across multiple institutions. One institution in particular being on the level of "random tour groups from other countries are walking through this hallway" or "hey what are you doing for lunch, do you want to go hang out with the President's daughter" - stuff like that.
....

ESE -- is there anything you haven't done?

Would love to see your CV 🍻

 

[RickyScott]

Very good podcast on tms

 

[elementaryschooleconomics]

ESE -- is there anything you haven't done?

Would love to see your CV 🍻

Dude...so it's only recently where I realized how elaborate things have become.

I just so happened, literally on accident, to do my very first MSTP rotation in a radbio lab...and thought "neat, I'll just do this 24/7".

What I haven't done is develop normal human hobbies.

 

[communitydoc13]

Very good podcast on tms

Haven't gotten to listen but did peruse Dr. Williams pubs. An OG regarding TMS.

And a psychiatrist.

@MisfitOutlaw I have no intention of taking this tool away from psych.

However, I do think that the peculiar context that radonc provides may be a complementary starting point for research on TMS, and I give kudos for any doc pursuing this sort of out of the box initiative.

 

[dogjam]

I can confirm that Dr. Murphy is a gentleman and a scholar.

If you have ever heard one of his talks about TMS, he explains that he got into because his son has severe autism and he was looking for experimental therapies for him and had amazing results with TMS. Then he started studying it for PTSD, chemo brain, and other indications. Don't know the data or outcomes of any trials (if there are any at this point), but it seemed quite interesting as a new(ish) treatment modality.

 

[deleted1111261]

Haven't gotten to listen but did peruse Dr. Williams pubs. An OG regarding TMS.

And a psychiatrist.

@MisfitOutlaw I have no intention of taking this tool away from psych.

However, I do think that the peculiar context that radonc provides may be a complementary starting point for research on TMS, and I give kudos for any doc pursuing this sort of out of the box initiative.

There is someone in RO looking into things like this. Will be interviewing him soon on the show

 

[RickyScott]

Haven't gotten to listen but did peruse Dr. Williams pubs. An OG regarding TMS.

And a psychiatrist.

@MisfitOutlaw I have no intention of taking this tool away from psych.

However, I do think that the peculiar context that radonc provides may be a complementary starting point for research on TMS, and I give kudos for any doc pursuing this sort of out of the box initiative.

I actually tried to get this in the radiation center since the machines are not expensive and it is daily treatment like radiation. Only pscyh and neuro can bill for it. Sounds like TMS is affecting the default mode network just like mushrooms or meditation

 

[RickyScott]

But if you want to try this at home or hack/strengthen any other pathway, there are smaller electrical devices for purchase online. A lot of published research on this approach as well.

Transcranial direct-current stimulation - Wikipedia

en.m.wikipedia.org

Neuromodulation Devices For Sale Online | Caputron

Caputron is the online source for neuromodulation devices, accessories, and an array of other neuromodulation treatment products. Click to see our inventory!

caputron.com

 

[communitydoc13]

But if you want to try this at home or hack/strengthen any other pathway, there are smaller electrical devices for purchase online. A lot of published research on this approach as well.

Transcranial direct-current stimulation - Wikipedia

en.m.wikipedia.org

Neuromodulation Devices For Sale Online | Caputron

Caputron is the online source for neuromodulation devices, accessories, and an array of other neuromodulation treatment products. Click to see our inventory!

caputron.com

Man....I know we could make bank leveraging our credentials and starting a biohacking enterprise....but we won't do that.

Combine neuromodulation with sensory deprivation baths, meditation, curated psychedelic experiences and Simul as our spokesperson; we could all be billionaires (or at least competitive with Gwyneth in the wellness sector).

We'd also have an anti-Gwynethian aesthetic.

I'd call it "Wallnerus's Wellness....your first step into the matrix"

Could be fun.

 

[Mandelin Rain]

The first rich dude on a bad trip who drowns in the sensory deprivation egg will be a problem.

 

[communitydoc13]

The first rich dude on a bad trip who drowns in the sensory deprivation egg will be a problem.

Come on now, we are masters of informed consent.

We will have this risk explicitly written out....and we'll have a nurse do the consent.

 

[medgator]

The first rich dude on a bad trip who drowns in the sensory deprivation egg will be a problem.

Rich dude dying in an egg near the Titanic got out of the news cycle real quick

 

[Mandelin Rain]

Rich dude dying in an egg near the Titanic got out of the news cycle real quick

What if he's rich AND famous. I'm not saying it'll be Aaron Rodgers, but I'm not not saying it either.

 

[communitydoc13]

What if he's rich AND famous. I'm not saying it'll be Aaron Rodgers, but I'm not not saying it either.

This will work for our brand. Aaron Rodgers, Jonah Hill and Larry Ellison will all have eggsidents. We understand safety. Keanu will be safe with us.

 

[metallica81788]

Come on now, we are masters of informed consent.

We will have this risk explicitly written out....and we'll have a nurse do the consent.

That could be an entire new thread, the discussion on informed consent

 

[RadOncDoc21]

That could be an entire new thread, the discussion on informed consent

Just tell them s__t happens!

 

[metallica81788]

Just tell them s__t happens!

Oh I do. Then they sign a piece of paper saying they fully understand that **** happens.

Then they don't listen and I have to repeat it all later - it's like learning the Krebs cycle.