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[07 NOV 00]
CRIMES, FIRES & ACCIDENTS
Big Fine For
'Lethal' Cancer Machine Claims
Directors
of a firm which claimed that a machine could help relieve a Rugby
man’s terminal cancer when in fact it was dangerous to use and
caused him severe pain have been fined £14,500.
Leslie
Goodall and Guy Stanway both pleaded guilty to two offences
relating to the sale of a Plasmafire Ozone Generator and Steam
Cabinet at Rugby Magistrates court.
Their
company, Plasmafire (UK), pleaded guilty to a further three
offences. The complaints concerned the Plasmafire 600 system
comprising of a Plasmafire Ozone Generator (Model 600) and a
Plasmafire Steam Cabinet (Sonnet II).
The
machines were supplied to Geoff Fielding after his desperate
family decided to try and get something to help him when he was
suffering from bone cancer last year.
After
reading an advert in the Sunday Times, the family contact Goodall
and explained their problem, and he sold them the machines for
over £5,000.
He
said that he had known instances of the machine curing cancer,
although he did not claim it would cure Mr Fielding’s illness.
But
each time Mr Fielding used the machine it caused him extreme pain
and burned him. Goodall insisted that the pain would be worthwhile
and that Mr Fielding should persist with the treatment.
Mr
Fielding died after his third session on the machine, which left
him in such pain that he was give extra medication by his doctor.
It
was only when his son-in-law Denis Gorman was removing the machine
that he found a health warning on the back stressing that elderly
or infirm people should not use it.
Trading
Standards were called in and successfully prosecuted the company,
Goodall and Stanway. To advertise that any product can treat or
cure cancer is an offence under the Cancer Act 1939.
Independent
tests revealed that the machine was hazardous and potentially
lethal.
If
the machine was used according to the instructions, it could cause
an air embolism which could lead to serious injury and death. The
device could be dangerous to someone in poor health, causing
severe systematic stress.
In
addition, the product was not effectively earthed, leaving the
user open to possible electrocution, and produced steam at a
temperature which could scald.
Leslie
Ian Goodall, of Compton Wolverhampton, was sentenced to 200 hours
community service, fined £2000 and ordered to pay prosecution
costs of £8,103 after pleading guilty to two offences under the
General Product Safety Regulations 1994 and the Fair Trading Act
1974.
Guy
Mathew Stanway, of Tanworth-in-Arden, Warwickshire, also pleaded
guilty to the same offences and was fined £1,500 and ordered to
pay £2000 costs. He also agreed to pay compensation to the family
of £5052.50.
Plasmafire
(UK) Ltd was fined £11,000, the statutory maximum, and ordered to
pay £1,000 costs after pleading guilty to offences under the
Cancer Act 1939, the Fair Trading Act 1974 and the General Product
Safety Regulations 1994.
District
Judge Nuttall expressed his sympathy to the family and told
Goodall that he had been callous to sell such a machine when he
had taken no steps to check the safety of the equipment, and when
it was clear that the machine was lethal.
He
said that although the machine had in no way caused Mr
Fielding’s death, it was clear Mr Fielding had suffered as a
result of using the machine.
He
added that a prison sentence would be justified under these
circumstances, but that Mr Goodall's previously good character had
been taken into account when passing sentence.
Mr
Gorman said it had been a very traumatic time for his family. He
said:
“We
have got Christian principles in this family and we raised this
to make sure that it doesn’t happen to anybody else.
“We
didn’t do this to get compensation and we will not be taking a
civil action out.”
Commenting
on the case Noel Hunter, Director of Warwickshire Trading
Standards, said:
"Marketing
and selling a product which claims to treat cancer is a serious
enough offence in itself, but when it is then revealed that the
machine which claims to offer help to cancer sufferers has
instead the potential to injure or kill them, this is indeed
shocking.
“We
are pleased that we have secured a successful conviction in this
case and have removed a potentially lethal device from the UK
market place."
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