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$950,000 Failure to Diagnose Colon Cancer

Our client’s husband and father was a 68 year-old retiree, who had been complaining about a burning pain in his abdominal region for about 4 years before he finally underwent a colonoscopy and was diagnosed with Stage IV colon cancer. He passed away 7 months later. The defense claimed that the patient had refused medical advice to undergo a colonoscopy but there were no medical records supporting that contention. The defense also claimed that the family suffered virtually no significant financial losses as a result of the death. Since New York State does not permit the families of wrongful death victims to sue for loss of their loved ones’ comfort, society and affection, we were pleased to exact a settlement offer of $950,000, based primarily on the deceased’s pain and suffering during the last 7 months of his life.