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$678,478 Awarded In Federal Prisoner's Death From Misdiagnosed Lung Cancer
In April 1997, the U.S District Court for the Northern District of
Illinois awarded $678,678 to the estate of a federal prisoner who died from
advanced lung cancer that had been misdiagnosed and improperly treated by
prison medical personnel.
The deceased prisoner, who had arthritis in his back, complained of back
pain for 15 months while imprisoned. A prison doctor misread the prisoner's
chest x-ray, attributed his pain to gallstones that showed up during an
ultrasound, and prescribed only ibuprofen for his pain. Sometime later the
prisoner was referred to an outside physician and the lung cancer was
detected. It had by then destroyed a rib and spread to his spine.
Neurosurgery was performed to decompress the prisoner's spine, but 40
months later he succumbed to the cancer and died.
The prisoner's estate sued the government in January 1994 for wrongful
death and contended he was forced to endure 15 months of unnecessary pain
and suffering. At trial the government argued his death was inevitable. The
prisoner, 61, was survived by his spouse. The award included $117,753 for
past medical expenses, $400,000 for pain and suffering, and $160,725 in
other damages. See: Norton v. United States, USDC ND IL, 1997 WL 1403322.
Illinois awarded $678,678 to the estate of a federal prisoner who died from
advanced lung cancer that had been misdiagnosed and improperly treated by
prison medical personnel.
The deceased prisoner, who had arthritis in his back, complained of back
pain for 15 months while imprisoned. A prison doctor misread the prisoner's
chest x-ray, attributed his pain to gallstones that showed up during an
ultrasound, and prescribed only ibuprofen for his pain. Sometime later the
prisoner was referred to an outside physician and the lung cancer was
detected. It had by then destroyed a rib and spread to his spine.
Neurosurgery was performed to decompress the prisoner's spine, but 40
months later he succumbed to the cancer and died.
The prisoner's estate sued the government in January 1994 for wrongful
death and contended he was forced to endure 15 months of unnecessary pain
and suffering. At trial the government argued his death was inevitable. The
prisoner, 61, was survived by his spouse. The award included $117,753 for
past medical expenses, $400,000 for pain and suffering, and $160,725 in
other damages. See: Norton v. United States, USDC ND IL, 1997 WL 1403322.
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Related legal case
Norton v. United States
| Year | 1997 |
|---|---|
| Cite | USDC ND IL, 1997 WL 1403322 |
| Level | District Court |
| Conclusion | Bench Verdict |
| Attorney Fees | 0 |
| Damages | 678478 |
| Injunction Status | N/A |