$1.46 Million Judgment in Negligent Misdiagnosis of Lung Cancer

William Mann had a history of smoking. He underwent a routine physical including a chest x-ray, which was interpreted as normal. However, three years later, he was diagnosed as having metastatic lung cancer.

In spite of chemotherapy, radiation and other cancer treatments, including a procedure to reinforce the bones in his back, he died 20 months after the diagnosis. He was 58 years old and was survived by his wife and four adult children at the time of his death.

The Mann family sued the United States alleging that the Veterans Administration (VA) radiologist chose not to identify a suspicious 1.5-centimeter density on the left lung visible on the chest x-ray done three years before Mann’s fatal diagnosis.

It was alleged and argued that had the radiologist ordered a CT scan and had the cancer had been diagnosed sooner (at the time of the x-ray), Mann would have had a 70% chance of cure with surgery alone. The lawsuit did not claim lost income.

In Illinois, like some other states, the lost chance doctrine is the acknowledged law. Holton v. Memorial Hospital, 176 Ill. 2d 95 (1975). The doctrine springs from a medical malpractice case in which the patient’s treatment is alleged to have damaged or decreased the patient’s chance of survival or recovery or either lessened the effectiveness of a patient’s treatment or subjected the patient to an increased risk of harm.

This case was being tried in the United States District Court as a bench trial or heard without a jury. The court entered an order and judgment awarding the Mann family approximately $1.46 million.

The attorneys representing the Mann family were Margie Soehl, Amber Wright, Daniel Santola and Laura Jordan.

At trial, the Mann family attorneys presented an expert in oncology.

Mann v. United States, No. 6:15-cv-00645-MAD-ATB (N.D. N.Y.).

Kreisman Law Offices has been handling misdiagnosis of lung cancer cases, medical negligence cases, birth trauma injury lawsuits, hospital negligence cases and nursing negligence lawsuits for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including LaGrange Park, Oakbrook Terrace , Oak Brook, Villa Park, Elmhurst, Wonder Lake, Harvard, Woodstock, Bensenville, Itasca, St. Charles, Crestwood, Forest Park, Mokena, Lockport, Crest Hill, Plainfield, Carol Stream, Darien, Burr Ridge, Chicago (Ashburn, Gresham, Burnside, Chatham, Pullman, Lake Calumet, Streeterville, United Center Park, Uptown, West Loop, Wicker Park, Wrigleyville, Rosehill, River North, Bucktown, Buena Park, Douglass, DePaul University Area, Gage Park), Berkeley, Hinsdale, Aurora and Midlothian, Ill.

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