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.
Ricky LeBlanc, managing attorney of Sokolove Law, said the case highlights the importance of taking chest and back pain seriously when assessing a possible aortic emergency. “This one sends a clear message that doctors and hospitals must take these warning signs seriously,” LeBlanc said.
Why Doctors Say Timing Is Everything With Aortic Emergencies
The central medical dispute in the Newton case was whether imaging should have been ordered before the man’s aorta ruptured. The plaintiffs’ experts said a CTA would have shown the aneurysm in time for surgery, according to the firm’s account.
A separate Salem Hospital case also involved a delayed diagnosis of an aortic aneurysm. Massachusetts Lawyers Weekly reported that an April 2023 jury returned a $20 million verdict after an eight-day trial, with the award reaching $28.8 million with interest. MDedge likewise describes an eight-day trial, while Boston.com reported that the verdict followed a two-week trial. In the Salem case, plaintiffs’ experts said a CT scan would have led to earlier surgery and prevented the patient’s death, according to MDedge and Massachusetts Lawyers Weekly.
Under Massachusetts law, interest is added to damages awards from the date a lawsuit is filed, which is part of how initial jury awards can grow substantially by the time a case concludes. A state statute cited by the Massachusetts General Court sets that interest rate at 12 percent per year, though the available text of the provision does not detail how it was calculated in this particular verdict.
Aortic Imaging Guidance and Case Verification
The American Heart Association’s summary of the 2022 aortic disease guideline says imaging and surveillance for patients with aortic disease should follow recommended approaches for image acquisition, measurement and reporting of aortic dimensions, and the timing of surveillance. The summary describes imaging practices broadly; it does not specify a symptom-triggered CTA rule for the Newton case, according to the American Heart Association. The sources cited in this account do not include an official Newton court docket or judgment, so they do not independently confirm the case parties, verdict date or damages.
About the Firm Behind the Case
Sokolove Law is a national personal injury law firm headquartered in Chestnut Hill, Massachusetts. The firm says it has helped people across the United States pursue justice and compensation since 1979, and that it has secured more than $10 billion for clients over more than 45 years, handling cases involving mesothelioma, birth injury, sexual abuse, nursing home neglect, and dangerous pharmaceuticals and devices. The firm says it offers families a free case review to learn about their legal options, and lists Audrey Fisher as its media contact.
