Pathology Laboratory Error: $1 Million Settlement
Pathology laboratory error results in wrong diagnosis, months of unnecessary cancer treatment and major surgery
2026 Medical Malpractice Lawyer’s Report
By Krysia Syska, Attorney for the Plaintiff
Pre-suit Settlement, Massachusetts
Case summary
A 70-year-old man received a $1 million pre-suit settlement after a pathology laboratory error resulted in his being incorrectly diagnosed with pancreatic adenocarcinoma and undergoing months of unnecessary cancer treatment and major surgery.
Laboratory errors can cause serious harm when test results are improperly reported or communicated, specimens are mislabeled or mixed up, or other errors lead to delayed diagnoses, misdiagnoses, and unnecessary treatments and surgeries.
Case details
The patient underwent a biopsy of a pancreatic-area mass. During pathology processing, his tissue specimen was inadvertently switched with that of another patient. As a result, pathology incorrectly reported that he had invasive adenocarcinoma. An internal investigation subsequently confirmed the specimen-processing error. Liability was not disputed, and the technician responsible for the error was terminated from employment.
Before the error was discovered, the patient was referred for oncology treatment and underwent eight cycles of FOLFIRINOX chemotherapy. The treatment caused significant adverse effects, including severe pain, gastrointestinal symptoms, profound fatigue, weakness, cold sensitivity, and progressive neuropathy of his hands and feet.
Believing that he had pancreatic cancer, the patient also underwent an open distal pancreatectomy. The surgical pathology revealed no malignancy. Subsequent genetic identity testing confirmed that the original biopsy specimen attributed to the patient was not his.
Following the unnecessary surgery, the patient developed significant complications, including a pancreatic leak, infected abdominal fluid collections and abscesses, nutritional compromise, and wound complications. He required repeated hospitalizations, multiple interventional radiology drain procedures, intravenous and oral antibiotics, PICC-line placement, total parenteral nutrition, home nursing and wound care, and additional procedures for drain and stent management.
The patient experienced substantial weight loss and deconditioning and continues to suffer from neuropathy affecting his hands and feet, impaired balance and dexterity, diminished stamina, gastrointestinal difficulties, and consequences associated with partial pancreatic resection. He requires pancreatic enzyme replacement and continued medical follow-up.
The false cancer diagnosis also caused significant emotional distress to the patient and his family as they believed for months that he was suffering from a potentially fatal pancreatic malignancy.
Pre-suit Settlement
The matter was resolved before litigation was commenced. The liability insurer tendered its $1 million policy limit in settlement of the claim.
Attorneys for the plaintiff: Andrew C. Meyer, Jr. and Krysia J. Syska, Lubin & Meyer PC.
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