Lung Cancer Lawsuits 

This page will examine lung cancer as an injury in tort lawsuits, such as medical malpractice and product liability cases. We will examine the characteristics, treatment options, and prognosis of lung cancer and the potential settlement payouts of this disease in personal injury cases.

The Lungs

The lungs are vital organs that draw oxygen from the air we breathe and deliver it into the bloodstream. At the same time, they remove carbon dioxide from the body during exhalation. This exchange of gases is essential for all organ function, making healthy lung performance critical to survival.

The right lung has three lobes, upper, middle, and lower, while the left lung has only two, to make space for the heart. Air enters through the nose or mouth and travels down the trachea (windpipe), which divides into two main bronchi, each leading to a lung. These bronchi branch into smaller bronchioles, which end in tiny air sacs called alveoli. The alveoli are where oxygen is absorbed into the blood and carbon dioxide is expelled.

The lungs also have natural defense systems (cilia and mucus) that help filter harmful substances like dust, bacteria, and carcinogens. But when these defenses are overwhelmed or warning signs of disease are ignored or misinterpreted, lung function can break down quickly.

This is often where medical malpractice enters the picture. Failure to follow up on suspicious imaging, misreading of early warning signs, or not screening high-risk patients—especially smokers—can turn a treatable condition into a fatal one. In cases involving lung cancer, even short delays in diagnosis or treatment can cost someone their life.

Understanding how the lungs work and how they can fail helps us identify when negligence may have played a role in serious injury or wrongful death.

Lung Cancer Overview and Statistics 

Lung cancer is cancer that originates in the tissue of the lungs. Lung cancer is one of the most common types of cancer. Over 200,000 new cases of lung cancer are diagnosed every year in the U.S., with a roughly equal split between men and women. This ranks lung cancer in the top 5 most common cancers.

Lung cancer is primarily diagnosed in older patients. The average age at the time of diagnosis is 70, and it rarely occurs in people under age 45. Lung cancer causes more deaths each year than any other type of cancer. In 2023, an estimated 127,000 people in the U.S. will die of lung cancer. That is more than the number of deaths caused by colon, prostate, and breast cancer combined.

In the U.S., lung cancer occurs in about 1 in 16 people, with the rates slightly higher for men compared to women. That risk rate includes both smokers and non-smokers. Individuals with a history of smoking have a significantly higher risk of lung cancer.

Survival Rate for Lung Cancer 

Lung cancer comes in 2 different types: small-cell lung cancer and non-small-cell lung cancer. The 5-year survival rate for non-small cell lung cancer (all stages) is 23%. For small-cell cancer, the overall 5-year survival rate is even lower at 7%. This makes lung cancer one of the more dangerous types of cancer.

Two Types of Lung Cancer 

Lung cancer comes in 2 different types or classifications: (1) Non-small cell lung cancer (NSCLC); and (2) Small cell lung cancer (SCLC). Within each of these 2 types, there are also different subtypes.

Non-small cell lung cancer (NSCLC) 

Non-small cell or NSCLC is the more common of the 2 different types of lung cancer. NSCLC accounts for around 85% of all diagnosed cases of lung cancer in the U.S. There are 3 recognized subtypes of NSCLC: (1) adenocarcinoma, (2) squamous cell carcinoma, and (3) large cell carcinoma. Each of these 3 subtypes is distinctly different because they originate in different cells in the lungs. They are classified together, however, because they all have very similar pathologies and similar treatment and prognosis.

Adenocarcinoma: This subtype originates in the cells that produce mucus and other fluids. This is one of the more common types of lung cancer. It tends to happen in the outer areas of the lung, which makes it easier to spot. That is one of the reasons why this subtype of NSCLC is usually diagnosed at an earlier stage.

Squamous cell carcinoma: This subtype of NSCLC originates in what are called the squamous cells. These are flat cells found on the inside lining of the air pathways in the lungs. This subtype of NSCLC usually occurs in the central part of the lungs, near one of the primary airways (bronchus). Squamous cell lung cancer is the type of cancer that has a strong association with smoking.

Large cell (undifferentiated) carcinoma: This subtype originates in all parts and areas of the lungs. It is one of the more aggressive NSCLC subtypes because it spreads very quickly, making it more difficult to effectively treat. One particular variation of this subtype, known as large-cell neuroendocrine carcinoma (LCNEC), is very similar to small-cell lung cancer in its rate of growth.

Feature	Non-Small Cell Lung Cancer (NSCLC)	Small Cell Lung Cancer (SCLC)
% of Cases	~85%	~15%
Growth Rate	Slower, more localized early on	Rapid growth, often widespread at diagnosis
Survival Rate (5-Year)	~23%	~7%
Common Legal Issues	Missed nodules, delayed diagnosis	Failure to act quickly or recognize symptoms

Small cell lung cancer (SCLC) 

Small cell lung cancer, sometimes often called “oat cell cancer,” is a highly aggressive and deadly form of lung cancer. It makes up only about 15% of all lung cancer cases in the U.S., but it is far more dangerous than the more common non-small cell lung cancer (NSCLC). What makes SCLC so lethal is how fast it spreads—by the time most people are diagnosed, it has already moved beyond the lungs to other parts of the body. The clock runs fast in these cases, and delays are often fatal.

SCLC moves quickly, but it also responds quickly, at least at first. Chemotherapy and radiation can shrink the cancer and buy precious time. But the window for intervention is narrow, and the cancer almost always returns, often stronger and more resistant than before. That is why what you hear over and over is to true. Early diagnosis is absolutely critical, and the failure to act on early signs can be a matter of life and death.

Our malpractice lawyer see medical negligence claims in SCLC cases most often when a health care provider had a clear opportunity to catch the cancer early and missed it. Sometimes the radiologist sees a suspicious lesion but fails to flag it. Sometimes the scan is flagged, but the message never gets to the patient. Other times, providers see the warning signs—a persistent cough, weight loss, shortness of breath—but brush them off without ordering a chest scan, even in high-risk patients with a smoking history.

The standard of care is clear: high-risk patients, especially older adults with a history of smoking, should receive low-dose CT scans for early detection. When something shows up on an imaging study, it needs to be followed up. The law does not give hospitals or doctors a pass just because the cancer is aggressive. In fact, when a disease progresses this fast, the duty to act quickly and decisively is even greater.

Our attorneys have seen cases where radiologists missed nodules on chest X-rays. We have seen scans that were never shared with the patient. We have seen electronic health record alerts ignored, biopsy recommendations lost in the shuffle, and referrals delayed until the cancer was already terminal. Each of these breakdowns is an opportunity lost that might have given the patient more time, more options, and a fighting chance.

Lung Cancer in Lawsuits

Lung cancer is the primary injury in two different types of personal injury lawsuits: (1) medical malpractice, and (2) product liability.

Lung Cancer Medical Malpractice Cases

When lung cancer is the primary injury in a medical malpractice lawsuit, it is almost always a case involving a negligent failure to diagnose. Failure to diagnose cancer is a common negligence claim in medical malpractice cases. Lung cancer is one of the more common cancer types involved in misdiagnosis or delay in diagnosis.  Lung cancer misdiagnosis cases usually fall into two types: (1) negligence by the radiologist in failing to properly interpret lung or chest scans; or (2) negligence by a primary care or other doctor for failing to read radiology reports or failing to follow up clinically on signs of cancer.

Lung Cancer in Product Liability Cases

Lung cancer has been scientifically linked to various substances, chemicals and environmental toxins. The most notable is obviously cigarettes. As a result, lung cancer is frequently a primary injury alleged in many product liability and mass tort cases. Below are a few of the current product liability and/or mass tort cases in which lung cancer is a primary injury.

Asbestos Lung Cancer Cases: Asbestos is a notorious carcinogen. Although asbestos exposure is primarily linked to a rare type of cancer called mesothelioma, occupational exposure to asbestos has also been shown to increase the rate of lung cancer.

Camp Lejeune Lung Cancer Cases: Lung cancer is one of the diseases that has been linked to exposure to the toxic water supply at the Camp Lejeune Marine Corps base between 1953 and 1987. Lung cancer is not one of the top tier injuries in the Camp Lejeune litigation, but it is on the list of potentially related injuries. (Our law firm is not taking new claims.)

Diesel Exhaust and Industrial Exposure Cases:   Lung cancer lawsuits have also been filed against employers and equipment manufacturers by workers who developed cancer after long-term exposure to diesel exhaust, silica dust, welding fumes, and other airborne toxins. These claims often involve railroad workers (under the Federal Employers’ Liability Act or FELA), truck drivers, heavy machinery operators, and mechanics who worked in enclosed, poorly ventilated spaces without proper respiratory protection. The International Agency for Research on Cancer (IARC) classifies diesel exhaust as a Group 1 carcinogen, meaning there is sufficient evidence of its cancer-causing potential in humans. Plaintiffs in these cases often argue that the employer failed to provide safe working conditions or adequate warnings, and that long-term inhalation of these substances led to lung tumors that could have been avoided.

Exposure Type	Carcinogens Involved	Legal Context
Asbestos	Chrysotile, Amosite fibers	Failure to warn; negligent product design (common in industrial job sites)
Camp Lejeune Water	Benzene, TCE, Vinyl Chloride	Government liability under Camp Lejeune Justice Act (CLJA)
Diesel Exhaust	Particulate matter, Nitrogen oxides	Workplace exposure; FELA lawsuits common among railroad workers
Welding Fumes & Silica Dust	Hexavalent chromium, Silica particles	Industrial exposure; failure to provide PPE or ventilation

Other Exposure-Linked Lung Cancer Cases

Additional categories of product liability lawsuits involving lung cancer include:

• Radon exposure lawsuits against landlords, property managers, or builders who failed to mitigate known radon risks in residential or school buildings.

• Secondhand smoke exposure cases, particularly in housing units or workplaces where employers or landlords failed to enforce smoke-free environments.

• Chemical manufacturing lawsuits where workers at plants were exposed to airborne carcinogens such as arsenic, formaldehyde, or chromium compounds without proper safety protocols.

In many of these cases, the plaintiffs are non-smokers or former smokers whose risk was compounded—not caused—by the negligent exposure. That distinction matters when establishing causation and damages.

Emerging Trends in Lung Cancer Litigation

While most lung cancer lawsuits fall under either medical malpractice or traditional product liability, our lawyers are seeing a broader range of claims emerge in recent years. These cases involve more specific cancer subtypes, more diverse environmental exposures, and a growing number of plaintiffs with no history of smoking who were never properly screened or warned of the risks they faced.

Some recent adenocarcinoma lawsuits have focused on failures to detect early-stage tumors in the outer regions of the lungs, where this type of cancer typically develops. Because adenocarcinoma is often more visible on imaging studies like low-dose CT scans, these cases frequently involve radiology errors or failure to follow up on incidental findings that were visible months or even years before diagnosis.

We are also seeing more lung carcinoma lawsuits involving occupational exposure to substances beyond asbestos. Plaintiffs in these cases include mechanics, railroad workers, construction workers, and others who spent years around diesel exhaust, welding fumes, or industrial solvents—often without adequate respiratory protection or warnings.

While a lung cancer class action lawsuit might seem like a natural fit in some cases, most claims involving lung tumors are handled individually or grouped through multidistrict litigation (MDL). That is because individual factors like cancer subtype, exposure history, and smoking background tend to vary widely from one plaintiff to the next.

Still, the trend is clear: more individuals are stepping forward with claims that their lung condition or lung tumor should have been prevented. Whether the lawsuit stems from a missed diagnosis, a toxic workplace, or a defective product, the central allegation remains the same: someone’s negligence caused or worsened a life-threatening disease.

Settlement Value of Lung Cancer in Tort Cases

When lung cancer is the primary injury in a tort case, it will typically have a fairly high settlement value. This is primarily because lung cancer has a low survival rate and tends to be a difficult and debilitating type of cancer. That being said, in certain cases, the settlement value of lung cancer as an injury will be reduced by other factors. For example, if the plaintiff was a smoker that will often bring down the settlement value of lung cancer in tort cases. Below are verdicts and settlements in tort cases in which lung cancer was the primary injury.

$38,000,000 Verdict (New York 2024): A 66-year-old man alleged that his lung cancer was caused by exposure to asbestos from products manufactured by Burnham LLC. The jury awarded $38 million, including $6.6 million for past pain and suffering, $19.9 million for future pain and suffering, $6.5 million in punitive damages, and additional amounts for loss of consortium.

$5,875,000 Verdict (Massachusetts 2023): A 47-year-old male with a thirty-year smoking history presented to the emergency room and came under the care of the defendant, who ordered a lung CT scan among other testing. The defendant allegedly failed to inform the decedent that the lung scan identified signs of cancer, resulting in a 14-month delay in diagnosis of his lung cancer, which had metastasized to his liver by the time he was diagnosed, and he died.

$2,500,000 Verdict (Florida 2023): The plaintiff worked for 8 years as a trackman for the defendant railroad company. The plaintiff reportedly was diagnosed with lung cancer at age 72, allegedly due to his exposure to diesel exhaust and other toxic substances and carcinogens during the course and scope of his employment with the defendant. He alleged that the defendant knew or should have known of the dangerous working environment.

$175,000 Settlement (Pennsylvania 2022): An 81-year-old woman died from lung cancer. A year earlier, she underwent a PET scan, which identified the cancer, but the radiologist allegedly mixed up the scans with those of another patient, and the decedent was never told. Her estate filed suit for negligent failure to diagnose. The low settlement value here was probably due to the fact that the decedent was older and her cancer may have been deadly even if diagnosed on time.

$2,000,000 Settlement (Pennsylvania 2022): A 65-year-old patient underwent a chest X-ray, and the radiologist allegedly failed to properly interpret the X-ray as showing abnormalities indicating possible lung cancer. This led to a 2-year delay in the diagnosis of the lung cancer.

Contact Us About Lung Cancer Injury Cases

If you have a potential lawsuit involving lung cancer, contact us at 800-553-8082 or contact us online.