Professional Negligence Law Reporter

When James Hoznor, 66, developed throat problems, a VA physician ordered an X-ray, which showed an abnormality at the base of Hoznor’s tongue. After Hoznor consulted a VA otolaryngologist, VA primary care physician Cornelio Hong told Hoznor that he had a swollen salivary gland and prescribed antibiotics. For more than a year, Hoznor’s symptoms persisted, including swelling of the glands in his neck. He later sought an opinion from a non-VA medical provider, and a subsequent biopsy revealed Stage IV squamous cell carcinoma of the throat and tongue. Despite chemotherapy, radiation, and surgery, he died of his disease.

Hoznor was retired and is survived by his wife.

Hoznor’s wife, on behalf of his estate, sued the United States, alleging its providers failed to timely diagnose the cancer. The plaintiff claimed that the otolaryngologist should have performed a biopsy and that Hong should have investigated further when the swollen gland persisted for over a year.

The defense argued that an earlier diagnosis would not have changed the outcome.

The parties settled for $2 million.

Citation: Hoznor v. United States, No. 3:17-cv-00633-VLB (D. Conn. Mar. 20, 2019).

Plaintiff counsel: AAJ member Kelly E. Reardon, New London, Conn.

Plaintiff experts: Denis Miller, oncology, Tuxedo Park, N.Y.; and Richard Dupee, primary care, Boston.