$16.7M Judgment in Misdiagnosed Lung Cancer Death Case Upheld on Appeal

The Massachusetts Appeals Court has upheld a $16.7M judgment from June, 2014, in a wrongful death medical malpractice lawsuit involving misdiagnosed lung cancer. The lawsuit was brought by the daughter of a 47-year-old woman who died from a 13-month delay in diagnosis of lung cancer at Brigham and Women's Hospital, where a radiologist failed to identify and report a 1-1.5cm nodular density in the upper part of the right lung.

Attorneys Robert Higgins and Barrie Duchesneau represented the plaintiff at trial. After 3 hours of deliberations, the jury returned a verdict against the radiologist for negligence in care and treatment for $11,000,000. The jury awarded $1,000,000 for conscious pain and suffering, $3,000,000 for the plaintiff’s loss of consortium up to the time of the verdict and $7,000,000 for the plaintiff’s loss of consortium into the future. The total judgment was $16,764,603 after the addition of pre-verdict statutory interest.
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