Sullivan Papain Member Robert G. Sullivan Obtains $1.275 Million in Delayed Diagnosis Case

77-Year-Old Man Experiences 7-Month Cancer Diagnosis Delay

In January 2020, the plaintiff presented to his local hospital with a persistent cough. He was admitted and underwent two chest X-rays read by two radiologists. Both studies were improperly interpreted.  The radiologists failed to report findings of a rounded mass with characteristics suspicious of cancer in the right lung.  Instead, the radiologist reported findings that were consistent with pneumonia. 

After a course of antibiotics, the plaintiff was discharged with instructions to follow up with his primary care provider.

The plaintiff followed the hospital’s instructions and received an extended course of antibiotics from his primary care physician. The plaintiff claimed that the primary care physician failed to order a follow-up chest X-ray, which is standard practice following a diagnosis of pneumonia. The plaintiff also claimed that had the follow-up chest X-ray been performed, the abnormal findings suspicious for cancer would have been apparent. Seven months later, when the plaintiff returned to the same hospital with the same cough, a chest X-ray revealed a mass in the right lung.

Condition Escalates to Stage IV Cancer

The plaintiff underwent an immediate biopsy that diagnosed non-small cell adenocarcinoma. Unfortunately, additional testing showed that the right lung mass had metastasized to nearby lymph nodes, adrenal glands, and a rib. 

Sullivan Papain Member Robert G. Sullivan Successfully Represents the Plaintiff

As this case neared trial, Sullivan Papain Member Robert G. Sullivan successfully negotiated a $1.275 million settlement in Suffolk County Supreme Court.

Learn More About Firm Member Robert G. Sullivan 

Robert G. Sullivan, the firm’s senior member, is one of America’s top trial lawyers and an advocate with an unparalleled reputation for defending the public interest and championing equal justice under the law. For more than 40 years, he has been trying cases that have had a substantial impact on clients and the law itself. He has been instrumental in developing and expanding the law of negligence. As the firm’s senior member, Mr. Sullivan continues to direct the firm’s growth and to be available to clients for the most sophisticated matters. To learn more about Firm Member Robert G. Sullivan, click here.