$1,000,000 Settlement

Our client, a loving wife and mother, was diagnosed with an abscess caused by diverticulitis when she presented with abdominal pain. After her initial diverticulitis treatment, her abdominal pain subsided. She then had a recurrence of pain and the treatment continued. Unfortunately, she had two simultaneous conditions: diverticulitis and colon cancer. Since the symptoms of the colon cancer were masked by diverticulitis, the proper diagnosis of cancer was not made until it was too late.

On behalf of her estate, our firm was retained to file a lawsuit against the treating doctors and hospital. We immediately filed the lawsuit and litigated in New York State Supreme Court, Nassau County. We argued that the doctors treating our client should have had a differential diagnosis of neoplasm based on her symptoms and a family history of colon cancer. The delay in diagnosing the cancer was approximately six months and the defense fought hard, staking out the position that there was no departure from good and accepted medical practice because her symptoms were consistent with diverticulitis and not cancer. The defense also argued that had she been diagnosed with cancer six months earlier, based on the type of cancer she had, it would not have changed her outcome.

We aggressively asserted that there were numerous red flags missed by the defendant doctors and hospital, and had they been more vigilant, the proper cancer diagnosis would have been made in time to prolong our client’s life.

The case was scheduled for trial in Nassau County during the COVID-19 pandemic. Prior to trial, the parties agreed to mediation, and based on our thorough preparation and in-depth knowledge of the medical issues, the defense was pressed to settle in the sum of $1.0 million.