$1,250,000 Settlement for Failure to Diagnose Colon Cancer
- Date: Summer 2012
- Attorney: David M. Fried
- Settlement: $1,250,000
- Practice Areas: Medical Malpractice, Failure to Diagnose Cancer, Colon Cancer
David Fried represented the family and estate of a man who died of Colon Cancer. The decedent was in his late early 50s, when he went to his private medical doctor with abdominal and bowel complaints. He had a barium enema with abnormal findings, but the doctor did not follow up or recommend any additional testing. Rather he diagnosed Irritable Bowel Syndrome. Approximately 3-4 years later, the decedent was diagnosed with Stage 4 rectal colon cancer. He lived for approximately 3 years before dying of complications of the disease. The Decedent left his wife and 3 children; 2 of whom were in their late-teens when this firm was retained. The youngest child has special needs. During his lifetime, the decedent never retained counsel, and his widow only retained Blume Donnelly after her husband’s death. As a result, the plaintiff was barred from pursuing certain claims, since more than 2 years had passed from the discovery of malpractice. However, Mr. Fried was successful in pursuing claims for wrongful death and for the loss of services, companionship etc. sustained by the widow and the couple’s children.