Death from Undiagnosed Hematoma in Neck: $2.5 Million Settlement
2025 Medical Malpractice/Wrongful Death Settlement Report
Worcester Superior Court, Massachusetts
By Robert M. Higgins, attorney for the plaintiff
Plaintiff's experts were prepared to testify that CT scan was misread and patient should have been intubated
Case summary
On 12/11/18, the decedent went to the emergency department with a complaint of severe throat pain. She was seen by the defendant ED physician who noted swelling on the left side of her neck and difficulty swallowing. On exam, the defendant noted a firm 2 x 4 cm mass in her neck. The defendant ordered a CT scan of her neck. The scan was read and interpreted by the defendant radiologist. She noted a neck mass but stated nothing about it being a collection of blood. Had she read it properly and noted it was blood, it would have indicated a bleed, which would have required immediate intervention as an active bleed in the neck is a medical emergency.
As the day progressed, the decedent said that she was having more trouble swallowing so the defendant ED physician made the decision to transfer her to a tertiary care center. However, despite knowing there was a mass present with trouble swallowing, the defendant did not intubate the decedent to ensure that her airway was protected.
As the decedent was being transported by EMS to the ambulance for transfer she developed shortness of breath. Quickly she became unresponsive. Because of the extent of the mass compressing on her airway she was unable to be intubated at this time despite multiple attempts. Finally, a cricothyrotomy was performed and they were able to breathe for her but the decedent had been without oxygen for a long time. She was found to have suffered a profound anoxic brain injury and she passed away.
Of note, the defendant radiologist wrote an addendum in the medical records stating that she had re-read the scan and it did, if fact, show a collection of blood.
The plaintiff retained experts who were prepared to testify that the CT scan was misread and that the ED defendant should have intubated the decedent once the decision was made to transfer. Had acted appropriately the decedent would not have suffered respiratory arrest and died.
The case settled the week of the trial for $2,500,000.
Lubin & Meyer attorneys Robert M. Higgins and Andrew C. Meyer, Jr. represented the plaintiff in this lawsuit.
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