JACKSONVILLE, Fla. -- A Navy wife who claims Naval Hospital Jacksonville made a fatal misdiagnosis on her husband, wants to sue, but cannot.
Medical records show that Patricia Hardin's husband, Lt. Cmdr. Walter Hardin, died of skin cancer, but records also show that doctors at Jacksonville's Navy hospital told him he had severe eczema, which is not a fatal condition.
In the past five years the government has settled 15 negligence cases involving 12 deaths at the hospital.
Four cases, involving three deaths, are pending.
Patricia Hardin said she would like to pursue legal action, but is barred from doing so because her husband died while on active duty.
While on deployment, an Army doctor discovered that Walter Hardin had T-cell lymphoma, the worst form of skin cancer.
Walter Hardin rushed home to be with his wife and two boys.
"They had chance after chance to catch the cancer, to get it right. It was a waste, just a blatant waste," Patricia Hardin said.
In December of 2000, 14 months before his death, Walter Hardin saw a doctor in Mayport for a mysterious rash. He was diagnosed with eczema and was given a cream to treat it.
Then a different doctor at Naval Hospital Jacksonville again diagnosed the rash as eczema.
Throughout 2001 Walter Hardin was seen for what Navy doctors continued to say was severe eczema.
"Once the cancer was diagnosed it was too late," Patricia Hardin said.
Not much longer than a month after he returned home, Walter Hardin died.
"My big thing was that no one was held accountable. He didn't have to die. I'm not ignorant, he may have still died from that cancer, but he was not given a chance," Patricia Hardin said.
Sean Cronin, a local attorney who represents several families in military malpractice cases against the Naval Hospital, said Hardin's situation was different.
Patricia Hardin cannot file suit against the government because of the Ferris Doctrine, which prevents active duty service members from bringing a case against the government.
"It prohibits service members from pursuing medical malpractice cases against the military and in this case there is a clear case of medical malpractice that will never be pursued," Cronin said.
Nearly four years after her husband's death, Patricia said she will not give up. She said she wants someone to be held accountable and that her children keep her going.
"He didn't have to die. He might have, but he didn't have to. I don't want them thinking that Mommy gave up on him, either," Patricia Hardin said.
Channel 4 received a response from Capt. Raquel Bono, the commanding officer of the Naval Hospital Jacksonville, stating, "While I am unable to discuss any specific details, I again express my profound regrets to patients and families who have suffered as the result of adverse events in their care. Our honor and privilege is providing the highest quality care to our active duty, retirees and military family members."
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