Delayed Lung Cancer Case: $4 Million Settlement
2025 Medical Malpractice Settlement Report
By Attorney Willliam J. Thompson
Middlesex Superior Court, Massachusetts
Radiology error results in advanced lung cancer.
The plaintiff’s decedent died on 10/23/11, at age 64 from Stage IV non-small cell lung cancer.
On 10/3/10, the patient underwent an MRI of his cervical spine (without contrast) for complaints of neck and shoulder pain. The MRI was interpreted and reported by the defendant radiologist who reported a number of findings, but nothing concerning for cancer.
On 6/23/11, the patient presented for an MRI of his cervical spine for reports of pain about 6 months earlier and that over time his pain had increased in intensity and was constant. He described his pain as an aching/stabbing sensation that occurred in the lower right neck and extended into his right trapezius region.
The MRI showed a high suspicion for metastatic disease involving the T1 vertebra and extending to the adjacent pedicle without encroachment on the cord or canal. In addition, a large soft tissue mass/lesion involving the apical aspect of the right lung measuring 5.5 cm suspicious for neoplastic disease or pancoast tumor was also reported.
In July, 2011, the patient underwent a PET/CT scan of the chest. A right upper lobe (RUL) mass measuring 5.9 x 6.5 x 8.3 cm was noted with extension into the right supraclavicular space, mediastinum, T1, close to the spinal cord without compression, posterior right first rib, and muscle metastasis near T7. A mesenteric soft tissue mass was also reported. He was diagnosed with Stage IV non-small cell lung cancer. Palliative radiation was started, but he passed on 10/23/11.
The parties pursued discovery aggressively, and were able to resolve the case at mediation several months prior to trial. The case settled for $4,000,000.
Lubin & Meyer attorneys Andrew C. Meyer and William J. Thompson represented the plaintiff in this medical malpractice lawsuit.
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