CASE: Lung Cancer
FACTS/LIABILITY: 49-year-old plaintiff had a chest x-ray in connection with screening for a marrow donor program. Defendant radiologist #1 identified a “shadow” on the right lung but interpreted the abnormality as a nipple shadow and failed to recommend any follow up. The standard of care required that the chest x-ray be properly read as indicating a mass suspicious for malignancy. Further, when the mass on the chest x-ray was misread as a nipple shadow, the standard of care required that defendant radiologist #1 recommend it be re-run with nipple markers to confirm that the spots were indeed nipple shadows in order to exclude the possibility of a malignancy.
Sixteen months later plaintiff presented at defendant hospital’s emergency department with shortness of breath. Defendant emergency room doctor ordered a chest x-ray. The chest X-ray was read the following day by defendant radiologist #2 who identified an “opacity” in the right lung and interpreted it as probably a nipple shadow. The standard of care required that defendant radiologist #2 properly read the chest X-ray as indicating a mass suspicious for malignancy. In his report, defendant radiologist #2 did recommend that the chest x-ray be re-run with nipple markers to exclude the possibility of a malignancy. However, the ER doctor defendant and the defendant hospital failed to communicate this recommendation to the plaintiff or her primary care physician. As a result the chest X-ray was not repeated and plaintiff’s lung cancer continued to progress undiagnosed.
Three years and three months later, the plaintiff was diagnosed with Stage IV metastatic lung cancer.
DEFENSE: General denial of liability.
INJURIES: In the four and a half years between the first of the two misreads and the time plaintiff was finally diagnosed, her lung cancer had progressed from 1.5 cm, Stage 1 lung cancer to 4.5 cm, Stage IV metastatic lung cancer. The plaintiff has undergone two years of chemotherapy, has become totally disabled, and her prognosis is poor.
SPECIAL DAMAGES: The plaintiff incurred medical bills of approximately $700,000.00.
VERDICT/SETTLEMENT: The parties agreed to settle for a confidential amount.
PLAINTIFFS' COUNSEL: Randolph J. Reis and Kimberly Kirkland (Reis Law, PLLC)
NAMES/COUNTY: Anonymous v. Anonymous
Reis & Kirkland, PLLC
66 Hanover St. Suite 203
Manchester, NH 03101
Ph: 603-792-0800
FACTS/LIABILITY: 49-year-old plaintiff had a chest x-ray in connection with screening for a marrow donor program. Defendant radiologist #1 identified a “shadow” on the right lung but interpreted the abnormality as a nipple shadow and failed to recommend any follow up. The standard of care required that the chest x-ray be properly read as indicating a mass suspicious for malignancy. Further, when the mass on the chest x-ray was misread as a nipple shadow, the standard of care required that defendant radiologist #1 recommend it be re-run with nipple markers to confirm that the spots were indeed nipple shadows in order to exclude the possibility of a malignancy.
Sixteen months later plaintiff presented at defendant hospital’s emergency department with shortness of breath. Defendant emergency room doctor ordered a chest x-ray. The chest X-ray was read the following day by defendant radiologist #2 who identified an “opacity” in the right lung and interpreted it as probably a nipple shadow. The standard of care required that defendant radiologist #2 properly read the chest X-ray as indicating a mass suspicious for malignancy. In his report, defendant radiologist #2 did recommend that the chest x-ray be re-run with nipple markers to exclude the possibility of a malignancy. However, the ER doctor defendant and the defendant hospital failed to communicate this recommendation to the plaintiff or her primary care physician. As a result the chest X-ray was not repeated and plaintiff’s lung cancer continued to progress undiagnosed.
Three years and three months later, the plaintiff was diagnosed with Stage IV metastatic lung cancer.
DEFENSE: General denial of liability.
INJURIES: In the four and a half years between the first of the two misreads and the time plaintiff was finally diagnosed, her lung cancer had progressed from 1.5 cm, Stage 1 lung cancer to 4.5 cm, Stage IV metastatic lung cancer. The plaintiff has undergone two years of chemotherapy, has become totally disabled, and her prognosis is poor.
SPECIAL DAMAGES: The plaintiff incurred medical bills of approximately $700,000.00.
VERDICT/SETTLEMENT: The parties agreed to settle for a confidential amount.
PLAINTIFFS' COUNSEL: Randolph J. Reis and Kimberly Kirkland (Reis Law, PLLC)
NAMES/COUNTY: Anonymous v. Anonymous
Reis & Kirkland, PLLC
66 Hanover St. Suite 203
Manchester, NH 03101
Ph: 603-792-0800