$1M Settlement in Chondrosarcoma of Larynx Lawsuit

2015 Medical Malpractice Trial Report

Two-year delay in the diagnosis and treatment of chondrosarcoma (cancer) results in loss of voice in an 80-year-old woman

From March 2008 through December 2010, the plaintiff presented to her primary care physician for numerous office visits were she persistently complained of dyspnea on exertion, coughing, and wheezing. During this time, the defendant repeatedly prescribed inhalers and steroids as treatment for asthma, neither of which resolved her symptoms. Instead, the defendant repeatedly told the plaintiff that her symptoms were psychological and/or that the plaintiff must have mold in her basement.

By the time the plaintiff was diagnosed, the plaintiff had a 4.9 cm chondroscarcoma in her larynx. The plaintiff was required to undergo a total laryngectomy and a right hemithyroidectomy, which directly resulted in the permanent loss of her voice and stromal breathing.

The plaintiff’s expert was prepared to testify at trial the defendant deviated from the accepted standard of care when he repeatedly failed to assess all areas of the plaintiff’s airway and failed to order further diagnostic tests, including but not limited to a CT scan, in order to rule out causes of her symptoms.

The case settled in January 2015 for the policy limit of $1,000,000.00.

Lubin & Meyer attorneys Andrew C. Meyer, Jr. and Benjamin R. Novotny represented the plaintiff in this medical malpractice lawsuit.


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