Result: $1.1 Million Settlement for Failure to Timely Diagnose Lung Cancer

A mass in decedent’s left lung was misdiagnosed as pneumonia and an upper respiratory tract infection. It was not until 18 months later that the lung cancer was diagnosed by CT-guided core biopsy. As a result of the delay in diagnosis and treatment, the cancer had spread from a curable to an incurable stage and became inoperable. Despite aggressive chemotherapy and radiation treatments, the decedent died from lung cancer. He was survived by his wife and adult daughters, who claimed damages under Virginia’s Wrongful Death Act.