Professional Negligence Law Reporter

Doe, 73, suffered from shortness of breath and had a CT scan of her chest, which revealed a cavitary lesion. She underwent three repeat CT scans over the following eight months. A radiologist allegedly reported that Doe’s lesion was stable and had decreased in size. Just under three years later, Doe went to an ER complaining of worsening abdominal pain. A CT scan taken at that time revealed a 6.7-cm mass in the lower lobe of Doe’s left lung. Further workup led to a diagnosis of Stage IIIB squamous cell carcinoma of the lung. Doe’s life expectancy is estimated at approximately one year.

She sued undisclosed providers, alleging failure to timely diagnose squamous cell lung cancer. The plaintiff argued that the three repeat CT scans showed a lesion that was growing and changing in appearance, which warranted further workup to rule out a malignancy.

The parties settled for $800,000.

Citation: Doe v. Roes, Undisclosed Dkt. No. (Cal. Super. Ct. Orange Cnty. Oct. 21, 2022).

Plaintiff counsel: AAJ member Daniel M. Hodes and James A. Chortanian, both of Irvine, Calif.