A Long Island man who survived colon cancer now walks with a cane every day — a permanent reminder of what a delayed diagnosis cost him.
A jury awarded him $1.225 million: $400,000 for past pain and suffering and $825,000 for future pain and suffering. The verdict followed evidence that his primary care providers failed to recommend colon cancer screening or refer him to a gastroenterologist, despite years of chronic constipation and known risk factors for colorectal cancer.
By the time his cancer was discovered in 2018, it had progressed to Stage 4 metastatic disease. He was 74 years old.
Treatment required chemotherapy and partial surgical removal of his colon. The cancer was addressed — but the chemotherapy left him with permanent peripheral neuropathy in both his hands and feet. He lives with chronic pain, disrupted sleep, and impaired balance and mobility severe enough to require a cane.
Evidence presented at trial indicated that had he been referred for appropriate screening in 2016 or 2017, the cancer would likely have been caught at Stage 1 or Stage 2 — when surgery alone could have been sufficient and chemotherapy may never have been necessary.
"This case was never just about a missed test," said Michael E. Duffy, Managing Partner of Duffy & Duffy. "It was about a missed opportunity to diagnose a highly treatable cancer before it became life-altering. Earlier detection could have changed the course of our client's life."
People often hear that early detection saves lives. This case is a reminder that it can also preserve quality of life.
"Had this cancer been found sooner, our client likely could have avoided the chemotherapy that left him with permanent injuries," Duffy said.
Colon cancer is among the most preventable and treatable cancers when caught early. Routine screenings — including colonoscopies — can identify precancerous growths before they advance into something far harder to treat. Primary care physicians play a critical role in that process, both in counseling patients about recommended screenings and ensuring timely referrals when risk factors are present.
The verdict was secured by Duffy & Duffy, PLLC, which represents individuals and families throughout New York in complex medical malpractice cases involving delayed diagnosis, failure to screen, surgical errors, birth injuries, and hospital negligence.
