$635,000 Settlement for Failure to Diagnose Leukemia

Mr. Fried represented the family and estate of a man, approximately age 50. He was seen by his private medical doctor (PMD), who saw evidence of diabetes and referred him to an endocrinologist. However, blood tests had also revealed elevated eosinophilia — and the PMD failed to do any follow-up. The man also required surgery, once for a hernia and the other for his appendix; the first was just after the initial elevated eosinophilia levels, and the other a year later. During both hospital admissions for the surgeries, he had similarly elevated eosinophilia levels, but the surgeon also did not proceed accordingly in light of the test results. Approximately 2-3 years following the initial levels, the decedent was diagnosed with leukemia, and died a few months later. This case involved serious issues of causation, as the defense asserted that the type of leukemia the man had was not consistent with the elevated eosinophilia.The decedent left a wife and 2 children.