Louisville Personal Injury Lawyer Fights for Terminally-Ill Patient's Rights; Negotiates $500,000 Settlement

LOUISVILLE, Ky., Sept. 8, 2021 /PRNewswire/ -- In early December 2013, Ervin L. Lachalmelle, Jr., then age 54, visited the Robley Rex VA Medical Center with low back and flank pain. He had his blood tested, and his prostate-specific antigen ("PSA") level, a compound which can indicate prostate cancer, measured 2.13 ng/mL (normal limits range from 0 – 4 ng/mL).

Later in December 2013 and November 2014, Mr. Lachalmelle returned to the VA where the doctor again tested his PSA levels. His resulting numbers were 1.80 and 2.10.

In November 2015, Mr. Lachalmelle presented to the VA with a fever and productive cough.[5] His doctor, who ordered the PSA checks in 2013 and 2014,  ordered a chest x-ray, but did not order a PSA check or perform a rectal exam.

In February 2016, Mr. Lachalmelle returned to the VA Medical Center, and his doctor ordered blood tests. His PSA was above normal limits. Again, however, the physician did not perform a rectal exam or refer Mr. Lachalmelle to a urologist.

In March 2016, Mr. Lachalmelle's PSA was still outside the normal range. The physician's plan was to check Mr. Lachalmelle's PSA again at his next visit. The note from this visit contains no mention of possibly referring Mr. Lachalmelle to a urologist. 

Just over a year later in March 2017, Mr. Lachalmelle returned to the same doctor at the VA with various complaints. The doctor did not order another PSA check, despite his note from 2016 indicating a PSA level outside the normal range.

On September 1, 2017, Mr. Lachalmelle returned to his physician at the Louisville VA. During this visit, Mr. Lachalmelle PSA measured 173, an almost-99-point increase from approximately 18 months earlier. Mr. Lachamelle subsequently underwent two additional PSA tests, and, sadly, his numbers were just as high. A subsequent abdominal and pelvic CT revealed "bulky" metastatic disease in his lymph nodes. In October,  2017, Mr. Lachalmelle underwent a prostate biopsy, which revealed poorly differentiated prostate cancer.

On October 31, 2017, Mr. Lachalmelle began treatment for his metastatic prostate cancer. He underwent six cycles of chemotherapy.

Currently, Mr. Lachalmelle receives hormone injections every six months to stop his cancer from worsening. Each costs $24,000.00. Mr. Lachalmelle also takes medication to strengthen his bones, as the chemotherapy resulted in bone density loss. Mr. Lachalmelle's illness is terminal.

Gladstein Law Firm argued that it was below good and accepted medical standards for Mr. Lachalmelle's regular doctor not to order any PSA testing for Mr. Lachalmelle in November 2015. Moreover, the doctor deviated from good and accepted medical standards by failing to regularly perform digital rectal examinations of Mr. Lachalmelle, especially because Mr. Lachalmelle was over age 50 and his chances of developing prostate cancer were increased.  Furthermore, it was below good and accepted medical standards for Mr. Lachalmelle's primary care doctor not to refer Mr. Lachalmelle to a urologist in March 2016 after noting his elevated PSA level, as well as the high rate/velocity at which Mr. Lachalmelle's PSA levels were increasing. 

Gladstein Law Firm further argued that had Mr. Lachalmelle's doctor ordered a complete blood count in November 2015, it would have revealed a rapidly increasing PSA level for a patient in his mid-50's. That should have signaled to the doctor that Mr. Lachalmelle was at an increased risk for developing prostate cancer. Moreover, had Mr. Lachalmelle's doctor timely diagnosed the prostate cancer in 2015, there would have been much less, if any, cancer.  The doctor's negligent delay in diagnosing Mr. Lachalmelle's prostate cancer allowed the cancer spread to Mr. Lachalmelle's lymph nodes. Most importantly, the doctor's negligence resulted in a terminal diagnosis for Mr. Lachalmelle.

In March 2021, Gladstein Law Firm successfully settled Mr. Lachalmelle's case for $500,000.

Seth Gladstein is a trial lawyer and the owner of Gladstein Law Firm, PLLC in Louisville, Kentucky.  Mr. Gladstein focuses his practice on medical negligence, nursing home abuse, car and truck wrecks, and other serious personal injury matters.  Mr. Gladstein is AV-rated by Martindale-Hubbell and has been named a Kentucky SuperLawyer for plaintiffs' medical malpractice for six consecutive years. In 2022, Mr. Gladstein will become President of the Louisville Bar Association.

Contact:
Gladstein Law Firm, PLLC
2000 Warrington Way #170A, Louisville, KY 40222
(502) 791-9000
gladsteinlawfirm.com  

SOURCE Gladstein Law Firm