Late Iowa law professor's family suing University of Iowa, claims hospital missed colon cancer

Family members of longtime University of Iowa Law Professor David Baldus, who died in June of colon cancer, are suing the State of Iowa for negligence on allegations that its employees at the University of Iowa Hospitals and Clinics failed to diagnose and treat Baldus' illness until it was too late.

Baldus, who died at age 75 on June 13, had been at the University of Iowa since 1969 teaching criminal law, anti-discrimination law, capital punishment and federal criminal law. He was nationally recognized for his research on the death penalty and continued work on research projects until a few weeks before his death.

According to the lawsuit that his family filed this month through the executor of Baldus' estate, Baldus had a colonoscopy in September 2004, and a physician found a small polyp that was biopsied and removed. It was found to be “completely benign,” according to the lawsuit, and doctors recommended Baldus have another colonoscopy in five years.

Between September 2004 and January 2010, medical providers at the UIHC documented Baldus' need for a follow-up colonoscopy several times, the lawsuit reports.

“On multiple occasions, Mr. Baldus asked for and requested a repeat colonoscopy,” according to the lawsuit. “He was told he did not need one.”

Baldus reportedly came to the university hospitals in January 2010 with complaints of sustained abdominal pain. The pain and mental distraction forced him to cancel class for the first time in 40 years, according to the lawsuit.

At that time, he was diagnosed with narcotic induced ileus, presumably from pain medication he had been taking for broken ribs he suffered during a fall in December 2009. Baldus returned to the hospital a couple days later with more pain, and doctors found evidence of a colon obstruction, the lawsuit states.

Through an exploratory operation, doctors discovered Baldus had colon cancer.

“Mr. Baldus began chemotherapy and completed multiple treatments, including radiation to relieve severe pain from the spread of cancer to his bones,” according to the lawsuit. “Mr. Baldus continued to battle colon cancer until his death.”

The family, through the executor of Baldus' estate, is demanding a jury trial on allegations of negligence for failing to “properly monitor the condition and health” of Baldus and for failing to appropriately follow up on Baldus' colon polyp.

They are seeking damages for expenses incurred before Baldus' death and for his burial. They also are seeking damages for pain and suffering and loss of time and financial support from Baldus.

Baldus, during his time at the UI, authored many papers, book chapters and studies surrounding death penalty issues. He studied how capital punishment was administered and examined the presence of racial discrimination in death penalty sentencing.