Newton Family Wins $28.8M After ER Missed Fatal Aortic Tear, Lawsuit Says

A Newton man went to the emergency room complaining of chest and back pain and was sent away with a diagnosis of infection, according to a lawsuit that led a Massachusetts jury to award his family $28.8 million. By the next morning, his aorta had ruptured, and he was dead.

The law firm Sokolove Law announced the verdict Tuesday, saying it secured the award for the family of a man who died after an emergency room physician failed to diagnose a life-threatening aortic aneurysm, according to Morningstar. The lawsuit alleged the man’s misdiagnosis stemmed from a lack of proper testing, and that medical experts testified a computed tomography angiography — a noninvasive scan that combines CT imaging with contrast dye to produce detailed 3D images of blood vessels — would have revealed the aneurysm.

The experts testified that surgery could have repaired the aneurysm if it had been found during the initial visit, according to the firm’s account. The lawsuit said the man’s condition worsened overnight and that staff did not order a scan until the next morning, when the aorta had already ruptured.

Jury Deliberated Just Three Hours After Eight-Day Trial

The case went to an eight-day trial before jurors returned their verdict. They deliberated for about three hours before awarding $20 million for the loss suffered by the man’s daughters; with interest, the figure climbed to the $28.8 million final award…

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