Man died after delayed diagnosis for thyroid cancer – $1 Million Settlement

The decedent was a patient of the Veterans Affairs Medical Center from late 2011 through his death from can­cer in June 2013. He sought care beginning in December 2011 for thyroid-related symp­toms, including a prominent goiter.

As part of the work­up for his thyroid, in early 2012, the decedent underwent a thyroid scan and ultrasound. The thyroid scan revealed a large “cold nodule.” While hot nodules are almost always not can­cerous, some cold nodules are cancerous. The thyroid scan alone cannot distinguish between a benign and malignant cold nod­ule.

After receiving the radiology reports, his doctors did not order a biopsy of the cold nodule or otherwise rule out cancer. Instead, he was medically managed for hyperthyroidism for about 15 months.

In May 2013, he presented to the Emer­gency Department because his thyroid mass began rapidly growing in size. He was admitted and, shortly after his admission, diagnosed with meta­static thyroid cancer. He had two types of thyroid cancer – one non-aggressive type with near 100 percent survival rates and a second aggressive type that can develop from the less aggressive and has high mortali­ty rates. By that point, the decedent was not a surgical candidate. He received palliative care until his death about a month later at age 49.

He was the primary provider for three statutory beneficiaries – his wife, step-daughter, and step-granddaughter.

The plaintiff’s experts on standard of care opined that the defendant’s employ­ees were negligent in failing to order a bi­opsy of the decedent’s thyroid mass once the cold nodule was discovered. The plain­tiff’s medical experts would have testified that had a biopsy been timely performed, the decedent’s cancer would have been di­agnosed and could have been successfully treated.

The defense offered no standard of care experts. The defense causation ex­pert opined that earlier diagnosis and treatment of the plaintiff’s thyroid cancer would not have materially changed the outcome because he had the aggressive form of thyroid cancer all along. In part based on this causation theory, the de­fense offered an expert economist who of­fered a much lower value of the decedent’s lost wages and services as compared to the $800,000 proffered by the plaintiff’s econ­omist.

Suit was filed and extensive discovery undertaken. The claim settled a few days before trial.

[16-T-179]

Type of action: Medical Malpractice — Wrongful Death

Injuries alleged: Death resulting from delay in diagnosis of thyroid cancer.

Name of case: Anna Jill Noren, Administrator of the Estate of Steven Lowell Noren, deceased v. United States of America

Court: Western District of Virginia, Roanoke Division

Case no.: Civil Action No. 7:15cv00313

Name of judge or mediator: Hon. Robert Ballou

Special damages: $800,000 in lost wages and services (present value)

Verdict or settlement: Settlement

Amount: $1,000,000

Attorneys for plaintiff: Lauren E. Davis and Lauren M. Ellerman, Roanoke

Plaintiff’s experts: Carl H. Bivens, Jr., M.D. (en­docrinologist – Roanoke, VA); Paul Ladenson, M.D. (endorcrinologist – Baltimore, MD); Larry A. Lynch, Ph.D (economist – Salem, VA)

Defendant’s experts: Scot C. Remick, M.D. (oncol­ogist – Scarborough, ME); Richard B. Edelman, Ph.D. (economist – Bethesda, MD)