Surgeons in the operating room. Photo: Shutterstock.com

A New London-based attorney who sued the U.S. government on behalf of a 69-year-old Oakdale man, who died of tongue cancer because of the alleged negligence of three Department of Veterans Affairs doctors, has negotiated a $2 million settlement for the man's estate.

Kelly Reardon, managing partner of The Reardon Law Firm, argued in an amended November 2017 lawsuit that the doctors were allegedly negligent in their care of Vietnam veteran and helicopter pilot James Hoznor.

The medical malpractice lawsuit stated Hoznor died in July 2017 of cancer of the tongue. Department of Veterans Affairs doctors misdiagnosed Hoznor and the cancer was not diagnosed until 18 months after a neck X-ray was taken in February 2014, Reardon told the Connecticut Law Tribune Monday.

“When they did the X-ray they determined he had a mass at the base of his tongue,” Reardon said. “The radiologist clearly wrote in the X-ray and, later through a CAT scan, that this was an abnormality that needed significant attention. Instead of following up properly on this abnormality, he was told he probably had a swollen spit gland.”

According to Reardon and the lawsuit, Dr. Cornelio Hong, Hoznor's primary care physician, repeatedly prescribed him antibiotics instead of sending him back to ear, nose and throat doctors for a follow-up. And Veterans Affairs ear, nose and throat specialists  Srinet Prateek and Nwanmegha Young also told Hoznor “he had a swollen spit gland and did not need additional care,” Reardon said.

About 18 months passed before Hoznor was properly diagnosed with tongue cancer in October 2015, the attorney said.

“Mr. Hoznor and his wife became frustrated with the VA system and decided to go to an outside ear, nose and throat doctor in Waterford,” Reardon said. “That doctor recognized immediately that Mr. Hoznor had cancer. He did tests and immediately referred Mr. Hoznor to Yale New Haven Hospital.”

Hoznor died in July 2017, less than two years after he transferred his medical care from Veterans Affairs to Yale New Haven Hospital.

Reardon said valuable time was lost.

“They should have found the cancer 18 months prior,” she said. “They would have treated him more aggressively and would have immediately had an operation to remove the mass and his likelihood of survival would have been greatly increased. I believe he'd be alive today if he was treated 18 months earlier.”

Assistant U.S. Attorney John Larson, who represented the government, did not respond to a request for comment. In addition, no one from the Veterans Affairs' media relations in Washington, D.C., responded to requests for comment. Pamela Redmond, public affairs officer for the West Haven-based Department of Veterans Affairs Connecticut Healthcare System, declined to comment for this report.

In court papers, the defense denied the three doctors were negligent in any way.

The two sides agreed on the $2 million settlement March 20, and the funds were released July 3. Reardon said she and Larson met in a settlement conference for four hours on March 20 before agreeing on an amount.

Reardon's most recent demand before settlement was for $6 million, while the government had offered $900,000. Trial was slated to start in March, just days after the two sides came to an agreement.

Hoznor's widow, Monique, “is thrilled the VA paid a significant sum of money to recognize the mistake they made in treating her husband,” who Reardon said had “horrific pain” the last two years of his life.

“The radiation and chemotherapy were torture for him,” Reardon said. “He experienced side effects from the radiation that were very painful.”