Professional Negligence Law Reporter

Doe, 35, was hospitalized for treatment of pneumonia. Doe’s pneumonia cleared, but follow-up X-rays taken one month later and seven months later showed a suspicious lesion on her lung. The radiologists interpreting the X-rays failed to note or report the lesion.

Almost three years later, Doe underwent a CT scan, which led to a diagnosis of Stage IV inoperable non-small cell lung cancer.

Suit alleged that the delayed diagnosis of lung cancer reduced Doe’s chances of survival from 85% to 10% in that the lesion measured 1 cm when first seen but had grown to 3.5 cm by the time she received a diagnosis. The defense argued that the delayed diagnosis did not change Doe’s prognosis.

The parties settled for $1.95 million.

Citation: Doe v. Roe, Confidential Dkt. No. (Mass. Confidential Ct. May 26, 2020).

Plaintiff counsel: AAJ member Kevin Donius, Milton, Mass.; and AAJ member Ralph Sbrogna, Worcester, Mass.