Two years after the tragic death of 16-year-old Samson Fluck, a $16 million settlement has been reached between the family and Wayne Memorial Hospital in Honesdale.
According to Attorney Matt Casey of the law firm Ross Feller Casey LLP, a medical malpractice lawsuit was filed in April 2023 on behalf of Fluck’s parents, Bethany Fine and Jason Fluck.
The suit alleged that Samson Fluck went to the Wayne Memorial Hospital on Nov. 3, 2022, complaining of chest pain and shortness of breath. A chest X-ray was ordered and correctly interpreted, showing a mass in the center of Fluck’s chest.
According to the suit, the radiologist recommended a CT scan with contrast that would have better shown the area in question. Despite this recommendation, the Wayne Memorial emergency department staff did not order a CT scan and discharged him from the emergency department.
Fluck suffered a cardiopulmonary arrest and died on Nov. 6. His autopsy showed that he had a form of cancer called lymphoblastic lymphoma which compressed his aorta and trachea.
In a statement, Casey called the cancer "a serious but otherwise treatable medical condition."
"Our investigation determined that, had the correct diagnosis been made, steroid administration would have shrunken the mass, relieving the pressure on Samson’s aorta and trachea, and then chemotherapy would have offered Samson a greater than 90 percent chance of a cure," Casey said.
"A full acceptance of responsibility for Samson’s death on the part of Wayne Memorial Hospital was non-negotiable if this case was to be settled," he said. "This litigation, which spanned twenty months, has now accomplished that important goal."
Fluck was a sophomore at Honesdale High School at the time of his death, a multi-sport standout who excelled in football and baseball.
According to Casey, the case had been scheduled to begin on Jan. 6 in Lackawanna County before Judge James Gibbons. Instead, a settlement in the amount of $16 million was agreed to by the Fluck family and Wayne Memorial Hospital, represented by CEO James Pettinato.