Failure to Screen Smoker for Lung Cancer: $2 Million Settlement
2025 Medical Malpractice Settlement Report
By William J. Thompson, Attorney for the Plaintiff
Middlesex Superior Court, Massachusetts
Lawsuit claims primary care physician (PCP) failed to record patient’s smoking history or order a low-dose CT scan
On 10/30/19, the plaintiff’s decedent died at the age of 69 from acute hypoxemic respiratory failure due to acute respiratory distress syndrome and ventilator associated pneumonia as a consequence of drug-induced pneumonitis due to Nivolumab.
In 2006, the plaintiff’s decedent, then age 55, quit smoking after smoking one and a half packs of cigarettes a day for 32 years.
From 2014 through 2017, the patient presented for his annual physical exams with the defendant's primary care physician who failed to record the patient’s smoking history in his office notes or order a low-dose CT scan to screen him for lung cancer.
On 1/16/19, the patient underwent a low dose CT scan after a chest x-ray for flu-like symptoms showed lung infiltrate. The CT scan showed persistent mass-like opacities in the left upper lobe which led to the diagnosis of lung cancer.
The patient underwent a left upper lobe resection and lobectomy. The pathology revealed invasive mucinous adenocarcinoma staged as a T4 N2 M0 tumor, Stage IIIB. The patient underwent chemotherapy, developed complications, and died on 10/30/19.
The plaintiff claimed former smokers who are age 55 or older with a 30 pack-year history are at a significantly increased risk of developing lung cancer. Consequently, the standard of care required annual lung cancer screening for high-risk individuals with low-dose chest CT scans to reduce their risk of developing advanced disease and dying from lung cancer. As of December 2013, the United States Preventive Services Task Force issued a recommendation statement on screening for lung cancer. The statement was issued to providers, including primary care physicians, to assist them with implementing a lung cancer screening program for their patients. The recommendation was based on a complete review of the medical evidence including the results of a recent large clinical trial.
The parties pursued discovery aggressively and were able to resolve the case at mediation several months prior to trial. The case settled for $2,000,000.
Lubin & Meyer attorneys Andrew C. Meyer and William J. Thompson represented the plaintiff in this medical malpractice lawsuit.
Questions about a medical error or failure to screen for cancer?
Do you have questions about a possible medical malpractice claim involving a missed or delayed diagnosis resulting in serious harm or death?
Contact Us - There is no fee or cost to you to have your case evaluated by our qualified personal injury lawyers. Call (617) 720-4447 to speak with an attorney today.
Lubin & Meyer PC - Boston’s Innovative Leader in Medical Malpractice and Personal Injury Law
Our medical malpractice lawyers are licensed to practice in: Massachusetts, New Hampshire and Rhode Island.
Return to: Verdicts & Settlements archive
Return to: Lubin & Meyer home page