HMO / Radiation Injury

J.E. vs HMO

The parents of this 15-year-old child came to us with concerns that there had been a delay in diagnosing their child's brain tumor. It had been allowed to progress and now threatened her life. We obtained the records and the radiation films and reviewed them. We took those records and films to Harvard University to see the head of pediatric radiation treatment. We handed her the records and films. She studied them and brought in other experts. After a while she came back to us, put the films up on a view box and showed us that they had radiated the wrong part of the child's brain. They missed most of the tumor. As a result the tumor had been allowed to grow for years after the defendant's treatment.

The deposition of our expert was taken by the defendant's lawyer. She put these same x-rays up on the view box. She told him "you guys missed it." She explained why. By the end of the day, for the first time after years of litigation they offered to pay the complete value of the case.