Professional Negligence Law Reporter

Doe suffered nasal congestion and nosebleeds in his right nostril over a two-week period. He consulted a nurse practitioner, who allegedly diagnosed a cold and advised him to follow up if his symptoms worsened or persisted. Four months later, Doe returned to the practice and saw Roe, his primary care physician. Doe reported worsening congestion and occasional nosebleeds in his left nostril. Roe allegedly diagnosed allergic rhinitis and prescribed Flonase and Zyrtec, advising Doe to follow up as needed.

Doe began to experience nosebleeds three times a day. He consulted another nurse practitioner in the practice, who allegedly told him to continue the same treatment regimen. Nine months later, Doe went to a specialist, who ordered a CT scan. This revealed the presence of a large mass, and Doe was later diagnosed as having nasopharyngeal carcinoma. Doe, 45, subsequently died and is survived by his wife and minor son.

Suit against the primary care physician and second nurse practitioner alleged that the failure to timely refer Doe to a specialist delayed his cancer diagnosis and led to his death. The defense argued that Doe had an unusually aggressive cancer.

The parties settled for $2 million.

Citation: Doe v. Roe, Confidential Dkt. No. (Mass. Super. Ct. Middlesex Cty. Undisclosed Date).

Plaintiff counsel: AAJ member Andrew C. Meyer, Adam R. Satin, and Lynn Hu, all of Boston.