Two years ago, we authored a [blog post](https://cmglaw.com/Blog/2015/07/Loss-of-Chance-of-a-Better-Outcome) about loss of a chance in lung cancer cases, emphasizing non-small cell lung cancer (which comprise about 75% of all lung cancers). The blog post included the following:
“About 85 to 90% of lung cancers are known as ‘non-small cell lung cancer,’ a name which covers several subtypes of lung cancer that are grouped together because of similarities in the approach to treatment and outlook. Patients with stage 3b non-small cell lung cancer are typically not offered surgery and treated only with chemo-radiation therapy. These patients have a five-year survival rate of only about 10%. A new study, however, indicates that certain patients with lung cancer that has spread throughout the chest could live longer by undergoing surgery to remove diseased lung tissue instead of only receiving radiation therapy.”
New research and studies, however, are developing targeted therapies (sometimes called precision medicine) that hold the promise of transforming lung cancer into a chronic disease by substantially increasing long-term survival rates. Dr. Edward Kim of the Carolinas HealthCare System Levine Cancer Institute in Charlotte, N.C., has described how testing for certain markers in a patient’s tumor can lead to using a “matching” drug that has fewer side-effects and much greater efficacy.
An example is the “tyrosine kinase inhibitor,” which is used for tumors that have a specific mutation called the “epidural growth factor receptor mutation.” Patients with this particular kind of tumor can simply take a pill as opposed to undergoing systemic chemotherapy. Many of these targeted therapies work even when the lung cancer has metastasized to other organs or parts or the body.
There is another class of drugs, called ALK, which was recently approved by the FDA for lung cancer tumors that have a specific characteristic called “PD-LI”. Dr. Kim said that almost 50% of his center’s lung cancer patients have tumor biomarkers that can be matched to particular drugs that will increase their chance of a cure or of a longer life-expectancy. He stated: “It’s really important to assess not only where the disease is, but what are the markers that are unique to each individual’s tumor.”
From the viewpoint of attorneys representing lung cancer patients, the provable damages from a late-diagnosed lung tumor may be greatly increased because more effective treatments are now available. Only a few years ago, most attorneys declined such cases because, once there were symptoms, the chances of successful treatment were very small.
