Failure to Diagnose Lung Cancer Leads to $1.15 Million Settlement at Mediation

Mr. Doe suffered a fall at work and underwent a chest X-ray and a CT scan. He was diagnosed as having multiple rib fractures and a small pulmonary nodule in his right upper lung. Several weeks later, a PET scan revealed mild hypermetabolic activity in the right upper lobe of his lung, which prompted a CT-guided core biopsy.

The biopsy specimen was sent to pathology but was too small. Mr. Doe did not undergo a repeat biopsy.

Approximately eight years later, Mr. Doe suffered another fall and underwent a chest X-ray. This revealed 2.9-cm lung density. Mr. Doe was later diagnosed as having Stage III adenocarcinoma of the lung. Adenocarcinoma is a type of cancer that starts in the mucous glands inside of organs, including the lungs.

Despite treatment, including chemotherapy and immunotherapy, the cancer progressed to Stage IV, and Mr. Doe, 67, has a terminal prognosis. He had been a warehouse manager earning $57,000 per year.

Mr. Doe alleged that the clinic was liable for its providers’ choosing not to re-biopsy the lung nodule, which would have led to a timely diagnosis when the cancer was at an early stage and likely curable.

Before trial, the parties settled at a mediation for $1.15 million. The attorney successfully handling this case for Mr. Doe was Daniel M. Hodes of Irving, Calif.

Doe v. Roe, Undisclosed Docket.

Kreisman Law Offices has been handling misdiagnosis of lung cancer cases, misdiagnosis of brain injury lawsuits, hospital negligence cases, radiology negligence lawsuits, primary care physician negligence cases and birth trauma injury lawsuits for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Northbrook, Highland Park, Bannockburn, Prospect Heights, Des Plaines, Morton Grove, Lincolnwood, Park Ridge, Bensenville, Itasca, Roselle, Carol Stream, Bartlett, Bensenville, Streamwood, Elgin, St. Charles, West Chicago, Wheaton, York Center, Villa Park, Western Springs, Clarendon Hills, Hickory Hills, Bedford Park, Chicago Ridge, Calumet Park, Blue Island, Chicago (Washington Heights, Roseland, Pullman, Mount Greenwood, Marquette Park, Chicago Lawn, Avalon Park, East Side, South Shore, Douglas, Little Village, West Loop, Mont Clare, Irving Park, Jefferson Park, Norwood Park, West Ridge, Uptown, Ravenswood Manor, Lakeview, Lincoln Square, Bucktown, Hermosa, Humboldt Park, Near West Side, West Garfield Park), Oak Park, Maywood, Melrose Park, North Riverside, Lemont, Stickney, Forest View and Western Springs, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.