Professional Negligence Law Reporter

Frank Lucifora, who had a 30-year smoking history, presented to a hospital ER after falling off a roof. ER physician Katherine Kroll performed an evaluation and workup, including a chest CT. Radiology reported a 9.7-mm nodule in Lucifora’s right upper lobe and recommended further evaluation. Lucifora received discharge instructions but was not immediately referred to a pulmonologist or oncologist. Fourteen months later, he was diagnosed as having metastatic lung cancer, from which he later died.

Lucifora’s mother, on behalf of his estate, sued Kroll, alleging she had failed to inform Lucifora of the CT findings, order a PET or CT scan per the radiologist’s recommendation, and immediately refer Lucifora to a specialist for a lung biopsy.

The jury awarded approximately $5.8 million, including $275,000 in punitive damages. Interest brought the award to approximately $9.8 million.

Citation: Lucifora v. Kroll, No. 1784CV01565 (Mass. Super. Ct. Suffolk Cnty. May 4, 2023).

Plaintiff counsel: AAJ members Andrew C. Meyer and William Thompson, and Nicholas Cappiello, all of Boston.