Dispute over cancer treatment device heading back to court

The Spartanburg Regional Healthcare System (SRHS), the parent company of Spartanburg Regional Medical Center, will continue its 5-year court fight to place a linear accelerator in Gaffney.

SRHS and Cancer Center of the Carolinas (CCC) are involved in a dispute over the placement of a linear accelerator that would serve Spartanburg, Cherokee, and Union counties. Spartanburg Regional Medical Center was awarded a Certificate of Need in 2003 by the state Department of Health and Environmental Control (DHEC) to place the device in Gaffney.

Cancer Center of the Carolinas in Spartanburg has contested the DHEC decision in the court system. The medical company seeks to develop another radiation therapy service in Spartanburg.

Spartanburg Regional Healthcare System filed an appeal Monday in an attempt to overturn Circuit Court Judge Ernest Kinard's ruling that both SRHS and Cancer Center of the Carolinas could have linear accelerators. However, DHEC will allow only one of the devices to be placed in the area. The decision is being appealed to the South Carolina Court of Appeals.

Linear accelerators are used to treat cancer patients with radiation therapy and are a major part of cancer treatment programs.

Upstate Carolina Medical Center and Gibbs Regional Cancer Center, which is operated by Spartanburg Regional, announced plans in 2003 to proceed with a partnership to establish a cancer treatment center in Gaffney.

Cherokee County Council agreed in June of 2003 to sell a 6.3-acre parcel on North Limestone Street to Upstate Carolina Medical Center. The sale was made with the condition the hospital build a cancer treatment center on the site.

"While this has been a long drawnout process to make this thing happen, we certainly understand SRHS's position to just have one linear accelerator," Upstate Carolina Medical Center CEO Joe Howell said. "Any more linear accelerators would dilute the financial viability of providing the service. The state health plan needs to be adhered to."

Hospitals must apply to DHEC for a Certificate of Need, which must be approved, before building medical facilities and purchasing equipment.

The Spartanburg Regional Healthcare System contends the court rulings go against a state health plan designed to provide an equal distribution of healthcare services, hospital spokesperson Chad Lawson said. SRHS wants the one linear accelerator that the state health plan allows DHEC to approve to be located in Gaffney.

"We believe very strongly in the state health plan. We will continue the appeal process because we feel the state health plan needs to be interpreted accurately," Lawson said. "Cherokee County really needs this piece of radiation equipment. This will take the pressure off Cherokee County residents having to drive to Spartanburg for cancer treatments."

Cancer Center of the Carolinas released a statement Monday about Spartanburg Regional's decision to appeal the latest court ruling.

"We are disappointed but not surprised by SRMC's actions," said Dr. Jeannette Wilcox, managing physician of Cancer Center of the Carolinas. "We have offered to abide by all current Court and DHEC decisions involving the three linear accelerators currently in question. Even though this settlement offer would allow two linear accelerators for SRMC (Greer and Gaffney) and one for CCC (Spartanburg), SRMC has refused our offer and instead filed yet another appeal."