Misread X-Ray Leads To Death, $16.7 Million Malpractice Award

Law Firm Newswire



Southfield, MI (Law Firm Newswire) September 30, 2014 – A misread x-ray left a Boston woman dead from lung cancer. 

“According to the statement of claim filed for this case, Jeanne Ellis presented to the Brigham emergency room in October of 2006 with a nagging cough,” explained Litigation Funding Corporation representative Daren Monroe. “A chest x-ray was ordered and completed by Dr. Peter Clarke.” 
Ellis’ radiologist missed signs of cancer in her chest radiograph.

Clarke analyzed the x-ray to conclude that Ellis had an upper respiratory infection. She was sent home with antibiotics. Thirteen months passed, and the plaintiff’s symptoms worsened, meriting a second trip to the Brigham ER. A CAT scan revealed advanced lung cancer that had spread to her spine, liver, kidney and pubic bone.

At trial, the plaintiff’s attorney showed the court that the 2006 chest x-ray indicated a 1.5 centimeter nodule in the upper right lung -– a lump that had mushroomed to 3.0 centimeters 13 months later. The second set of radiographs taken in 2007 showed that she also had multiple new nodules not originally present in 2006.

On rebuttal, the defendant’s lawyer indicated that the radiologist’s interpretation was appropriate, given a lack of patient medical history (which included a 30-year smoking habit and familial lung cancer). The attorney took issue with the $16.7 million damage award, which acknowledged the strong relationship between the deceased single parent and her daughter and included compensation for the child’s loss.

While she lived, Ellis’ medical bills would have been very expensive. After her death, they would be far too difficult for a young daughter to pay. “Ellis’ daughter may have benefited from pre-settlement funding. A lawsuit loan would have carried her through until the conclusion of her case and allowed her to pay all her usual and extraordinary bills while waiting for the jury verdict,” said Monroe.

Litigation funding is an advance, emergency cash loan that allows a plaintiff to cope financially while waiting for the case to be resolved. A lawsuit loan application may be filled out online or by calling the litigation funding company directly.

Learn more at http://www.litigationfundingcorp.com