Parotid Cancer

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CASE: PAROTID CANCER

FACTS: The plaintiff was a 44-year-old male who presented to his primary care physician with a complaint of a hard lump on his neck. He was very concerned about the size of this lump given his past history of Hodgkin’s lymphoma, which had been treated with chemotherapy and radiation to the head and neck. His PCP advised him that swollen lymph nodes can stay persistently large without being cancerous and diagnosed him with acute lymphadenitis. She recommended he see his oncologist if its size did not decrease in the next two weeks. When he ultimately saw his oncologist, a recurrence of Hodgkin’s lymphoma was ruled out, but continued monitoring was recommended.

Plaintiff continued seeing his PCP for general wellness visits. In the records from these visits, his PCP continued to describe the lump as lymphadenitis without any further additional examination, assessment or explanation as to why the suspected lymphadenitis did not resolve. She never asked about any appointments or continuing care with his oncologist.

Later that year, plaintiff was diagnosed with secondary parotid cancer of the neck, jaw and skull. At that point, it was three times larger than when it was first observed three years earlier. Plaintiff then underwent major surgery to remove the tumor.

DEFENSE: The defendant claimed that she met the standard of care because the lump lacked characteristics suggestive of a malignancy. She also cited recurrent software malfunctions and a busy schedule as the reason for her failure to keep contemporaneous records.

INJURIES: The plaintiff underwent a 15-hour surgery to remove the tumor, which also required removal of parts of the jaw bone, saliva glands, and facial nerves. He now lives with permanent facial palsy and total hearing loss in one of his ears.

SPECIAL DAMAGES: Medical bills: $406,206.45; Lost wages: $239,086.62

SETTLEMENT: The parties agreed to settle for a confidential amount.

PLAINTIFF’S COUNSEL: Randolph J. Reis, Esq. & Kimberly Kirkland, Esq.

NAMES/COUNTY: Anonymous v. Anonymous