Valenzuela Law Firm, PA | Trial Attorney
Attorney Henry E. Valenzuela

$4.5 Million Settlement in Medical Negligence Action Against Radiologists And Nurse Practitioner for Failing to Diagnose and Treat Ewings Sarcoma

The Plaintiff was a 17 year old male who presented to a hospital with complaints of chest pain, shoulder pain and coughing. A chest x ray revealed a a vague wedge shaped consolidation. The emergency department diagnosed a possible pneumonia and instructed the plaintiff to follow up with his PCP. The Plaintiff followed up with his PCP who ordered another series of X-rays. This time the film showed a distinct golf ball mass which was not appreciated. As a result, the PCP diagnosed scoliosis and soft tissue back and shoulder pain. The Plaintiff continued with complaints of chest pain, shoulder pain and fatigue for 11 months until his complaints worsened to the point he went to the hospital emergency department. This time the hospital diagnosed a Ewings Sarcoma cancer. The plaintiff was then treated for the Ewings Sarcoma with radiation and chemotherapy. However, the delay in diagnosis and treatment of the cancer resulted in it progressing to a later stage where it metastasized to other parts of his body. As a result, his prognosis for survivability dropped significantly. The Plaintiffs alleged that the radiologist was negligent for failing to appreciate the subject mass and the PCP for failing to properly investigate the Plaintiffs continued complaints. The case settled for $4.5 million prior to trial.