$950,000 Settlement for Failure to Diagnose Lung Cancer

Blume Goldfaden partner David M. Fried represented the estate of a 65-year-old man who died from lung cancer. The man had difficulty breathing, and was diagnosed with pneumonia. In addition, his CT scan showed a suspicious nodule or lesion on his lung which should have been follow-up on to rule out cancer. The man recovered from his pneumonia, but approximately 1 year and 3 months later he again had difficulty breathing. A repeat CT scan led to a diagnosis of lung cancer which had now metastasized. He died a few months after the diagnosis. The failure to timely diagnose and treat the man’s cancer in light of the prior suspect lesion caused him to be deprived of a 50% chance of survival. David Fried settled this case on the eve of trial for $950,000.