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$760,000 Failure to Diagnose Lymphoma

Our client’s husband was a 46 year-old garage attendant earning $50,000 per annum who complained to his cardiologist about burning chest pain even after a stent was put in to address a blockage of the coronary arteries. The doctor prescribed Prilosec for the chest pain, suspecting that the problem was of a gastric nature. Eventually, the decedent’s family sent him to a gastroenterologist who performed an endoscopic procedure which resulted in a diagnosis of plasmablastic lymphoma, a rare, aggressive and nearly always deadly form of cancer of the lymphatic system. At trial, the defense expert was set to testify that given the nature of the disease, the decedent could not have been saved. Our expert oncologist testified that plasmablastic lymphoma can, on occasion, be treated successfully and that the defendant’s failure to timely refer the decedent for gastroenterological work-up deprived the decedent of an opportunity for a cure. The defense offered $760,000 in settlement and our client accepted the offer.