Skip to content

Walling Obtains $1 Million Settlement for Medical Misdiagnosis Victim

On February 14, 2022, SPBMCC attorney Mary Anne Walling successfully obtained a $1 million settlement on behalf of a 73-year-old woman who passed away after her doctors failed to diagnose her colon cancer in a timely manner which was curable at the time of the misdiagnosis.

Doctors Fail to Diagnose Colon Cancer in Patient 

In July 2015, a 73-year-old woman went to the hospital due to gastrointestinal pain and constipation and was admitted. Medical professionals in charge of her care conducted a CT scan and diagnosed her with enteritis. She was discharged and referred to a gastroenterologist to have a colonoscopy. Three months later, she underwent a colonoscopy and her doctor found no evidence of a cancerous condition.

Being reassured that she did not have cancer, the patient continued with her daily activities but approximately one year after the CT scan, she began to feel fatigued and weak.  When she almost collapsed, she was admitted to another hospital after a large cancerous lesion was found in her colon which had spread to her liver. She was diagnosed with Stage 4 colon cancer.  She underwent surgery and chemotherapy,  In an effort to treat the liver lesions, she also underwent an embolization of the tumor, which led to a complication leading to partial blindness.  Eventually, she succumbed to her cancer in January 2018 .

Prosecution Prevails During Summary Judgement, Awards Decedent’s Husband $1 Million

On behalf of his late wife, the plaintiff’s husband sought legal representation through SPBMCC. 

The defendants moved for dismissal of the plaintiff’s case based on affirmations of the defendant and their experts which alleged no deviation from accepted standards of practice and also the patient suffered no change in her prognosis due to the late diagnosis.  In opposition, the plaintiff submitted affirmations of radiology, gastroenterology and oncology experts.  The Court found that plaintiff’s had successfully refuted the defendants’ arguments and denied their motion. While waiting to try the case, the prosecution and defense came to a settlement agreement, which awarded the husband of the decedent $1 million for pain and suffering and pecuniary loss of his wife’s services.  

What this case provided to the plaintiff were answers as to why his wife went undiagnosed for approximately one year and a settlement which will  provide him with security in his advancing years, years during which he will not have his wife’s companionship, care, and assistance. 

Learn More About Firm Partner Mary Anne Walling

Mary Anne Walling has been a member of the firm since 2001 and is a skilled specialist in medical malpractice litigation. She started her career as a medical nurse, where she treated many critically ill patients and burn victims. This first-hand knowledge of medical procedures gives Ms. Walling a unique advantage that she brings to her medical malpractice cases. To learn more about Mary Anne Walling, click here.

Skip to content