An Army veteran’s widow was awarded a court settlement following the death of her 64-year-old husband from lung cancer that was not diagnosed at the William Jennings Bryan Dorn Veterans Affairs Medical Center in South Carolina. (Department of Veterans Affairs)
WASHINGTON — The widow of an Army veteran whose lung cancer was not diagnosed for nearly two years after a “suspicious finding” turned up on a chest scan has received an $880,000 court settlement from a Department of Veterans Affairs hospital.
Anna Whitaker, 69, was awarded the settlement Friday in U.S. district court in Columbia, S.C., two years after the death of William Whitaker, her 64-year-old husband.
Her lawsuit claimed Whitaker’s chest scan in June 2020 showed signs of lung cancer that were overlooked and ignored by his physician at the William Jennings Bryan Dorn Veterans Administration Medical Center in Columbia.
“The left lung findings were suspicious for cancer and required close follow-up,” the lawsuit stated.
William Whitaker, who was described as a heavy smoker, died 20 months after the scan. He had served in the Army for nine years, working as a mechanic, according to court documents.
Her complaint claimed his death could have been prevented if there had been a timely diagnosis and treatment.
Anna Whitaker declined through her lawyer to discuss the lawsuit or the settlement.
William Whitaker, who used a wheelchair, had quit smoking cigarettes in 2013 but “vaped daily,” according to court documents. He also suffered from diabetes, chronic obstructive pulmonary disease and deep vein thrombosis.
Dr. Alexis Lewis Stroman, his pulmonologist, had ordered the scan in June 2022 and was aware of the findings, according to court documents. The scan of his left lung had shown a “complicated bulla,” or small blister.
Such a finding often indicates lung cancer, according to the National Institutes of Health.
But there was no follow-up or medical intervention by the doctor from the results of the scan, according to the lawsuit.
In November 2020, Whitaker had a telehealth visit with Stroman as part of his regular health care. A return visit was scheduled a year later, according to the complaint.
In November 2021, Whitaker had an outpatient visit with Stroman, who noted another scan of his lungs was due, according to court documents. But a scan was not scheduled.
In February 2021, Whitaker went to the medical center’s emergency room after he began experiencing chest pain and having trouble breathing. He was coughing up blood.
Doctors found a growth in his upper left lung, according to court documents.
“Ultimately, Mr. Whitaker was diagnosed with Stage 3 squamous cell carcinoma of the upper left lobe. He began chemotherapy. On March 27, 2022, Mr. Whitaker suffered a cardiac event and died. He died from lung cancer,” according to the complaint.
Attorneys for the South Carolina hospital agreed to the monetary settlement without an admission of guilt or liability in the case, according to court documents.
Whitaker agreed the “claims and causes of action” in her lawsuit were disputed by the hospital, according to the settlement.
