$10 Million Jury Verdict for Hospital’s Failure to Timely Diagnose and Treat Bladder Cancer

Robert Klein went to a hospital emergency room complaining of right flank pain, urinary burning, and blood in his urine. He was 48 years old at the time. A third-year resident, Dr. Lien Nguyen, ordered a CT scan. The CT scan results revealed kidney stones and a bladder mass.

Dr. Nguyen discharged Klein with instructions to see a urologist.

Over a year later, after Klein’s symptoms progressed, he underwent an ultrasound, which again showed a mass on his bladder. He was diagnosed with Stage III bladder cancer and underwent an unsuccessful procedure to remove the cancer. He later required removal of his entire bladder.

Klein and his wife sued Dr. Nguyen and his supervising physician, Dr. Christopher Stromski, alleging that they chose not to timely diagnose and treat early bladder cancer that was detected as a bladder mass by that early CT scan.

The Klein family asserted that the defendants decided not to apprise Klein of the bladder mass and that this allowed his cancer to progress and later metastasize. The lawsuit did not claim lost income.

The defendants argued at trial that Klein had been negligent in failing to follow up with a urologist.

The jury signed a verdict for $10 million, which included $2 million to Klein’s wife for loss of consortium. The jury found that Dr. Nguyen was 60% at fault while Dr. Stromski 25% at fault. The jury did hold Klein responsible at the rate of 15%.

At trial, the Klein family lawyers presented experts in urology and emergency medicine while the defendants presented an expert in emergency medicine.

The attorney successfully handling this case was Paul A. Lauricella.

Klein v. Nguyen, No. 2017-C-02747 (Pa. Ct. Com. Pl. Lehigh County).

Kreisman Law Offices has been handling failure to diagnose cancer lawsuits, medical negligence cases, hospital negligence lawsuits, emergency medicine negligence cases and misdiagnosis 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 Elk Grove Village, Niles, Berwyn, Oak Brook, Oak Lawn, Evergreen Park, Orland Park, Tinley Park, Country Club Hills, Chicago Heights, Glenwood, South Holland, Woodridge, Warrenville, Winfield, Carol Stream, Bensenville, Skokie, Chicago (Edgewater, Uptown, Bronzeville, Lakeview, Old Town, Irving Park, Albany Park, Lincoln Square, Near North Side, River North, South Loop, West Town, Chinatown, Bridgeport, Wrigleyville), Lyons, Forest View, Maywood, Stone Park, Franklin Park, Norridge, Harwood Heights and Mount Prospect, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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