Massachusetts Jury Awards $29 Million to Family of Man Who Died of Undiagnosed Aortic Aneurysm

April 14, 2023 — Newburyport, MA — Attorney Robert M. Higgins of well-known Boston medical malpractice law firm, Lubin & Meyer, today obtained a $29 million verdict including interest against a North Shore Medical Center Salem Hospital emergency room physician and hospitalist.
 
The case involved the death of a 43-year-old disabled man who passed away from an undiagnosed and untreated aortic aneurysm and dissection.

The verdict was handed down by an Essex Superior Court jury in Newburyport, Massachusetts.  The case was tried over two weeks before Judge Lang. The jury deliberated for just 3 hours before returning the record-setting verdict.  The award was for two adult daughters of the decedent, ages 18 and 24. Higgins said, “The tragedy of this case is that Mr. Brown would be alive had the two defendants simply ordered the test that he clearly needed.”

The verdict came less than 4 weeks after Attorney Higgins' $28.8 million verdict in a trial in a case where a man's blood clot was twice misdiagnosed as sciatica by Lowell Genereral Hospital emergency department staff resulting in leg amputation. That verdict was covered by The Boston Globe.

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$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.

$16.7 million award in cancer lawsuit http://t.co/xKFXpuFzGM via @BostonGlobe
— Lubin and Meyer, PC (@LubinandMeyer) July 17, 2014

View our main website at LubinandMeyer.com - Lubin & Meyer PC - New England's Leader in Medical Malpractice and Personal Injury Law