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$1.5 Million Settlement Reached for Failure to Timely Diagnose Lung Cancer

Curtis Cole, 58, underwent a chest X-ray when he reported respiratory symptoms to his physician. A radiologist, Dr. Mike Mantinaos, interpreted the X-ray as showing no nodular abnormalities.

About 3 years later however, Cole experienced pain, prompting him to request a chest and abdominal CT scan. The CT scan revealed a mass on his right lung as well as several in his liver, which were determined to be malignant.

Cole died of cancer two years later and was survived by his wife and adult son. He had been a senior application specialist in a metal manufacturing company earning $35,000 per year.

The Cole family brought a lawsuit against Dr. Mantinaos and his professional corporation alleging their medical negligence in choosing not to diagnose and treat the 8-mm mass that was present on the chest X-ray. The 23-month delay in diagnosis allowed the cancerous tumor to metastasize and led to Cole’s untimely death.

The defendants argued that the X-ray was normal and that Cole died from metastatic liver cancer and not from lung cancer.

Before trial the parties settled for a total of $1.5 million, which was made up by contributions of $875,000 by Dr. Mantinaos and the remaining portion paid by Dr. Mantinaos professional medical corporation.

The attorney representing the Cole family was Daryl L. Zaslow.

Cole v. Mantinaos, No. WAR-L-316-12 (N.J. Super. Ct. Somerset County, November 2015).

Kreisman Law Offices has been handling medical negligence cases, misdiagnosis of cancer malpractice cases, birth trauma injury cases and nursing home abuse cases for individuals and families 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 Calumet City, Evergreen Park, Lindenhurst, Rosemont, Rolling Meadows, Inverness, Schaumburg, Schiller Park, Tinley Park, Chicago (Edgebrook, Wicker Park, Chinatown, Little Italy, Greek Town, Gresham), Evanston and Skokie, Ill.

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