Sullivan Papain Member Eleni Coffinas Obtains $9 Million Verdict in Delayed Breast Cancer Case

55-Year-Old Woman Waits 8 Months for Breast Cancer Diagnosis

In December 2019, our client, who was at high risk for breast cancer due to family history, had a mammogram and sonogram performed by the defendant radiologist (deceased before trial) because she felt a lump in her left breast. The studies showed a nodule in the same breast, but were interpreted as benign. The report advised the plaintiff to get a biopsy and follow-up in three months. However, this report was sent to a breast surgeon and not directly to our client. Our client received a layperson letter that said she should follow up with a surgeon and further studies in three months. 

In January 2020, our client saw the breast surgeon. During that visit, after taking a family history and doing a breast exam, the surgeon also felt a nodule in the left breast. She told our client that she thought the findings were benign and gave her the option to either have a biopsy or follow up in three months, with no preference shown for either option. 

The plaintiff chose to follow up. However, before the three-month follow-up could occur the country shut down due to COVID-19 restrictions so there was no three-month follow-up with either the radiologist or the breast surgeon. The earliest the plaintiff was able to get an appointment for a follow-up with the radiologist was eight months later in September 2020.  The mammogram and sonogram performed at that time showed a suspicious finding in the same area of the left breast where the plaintiff complained about the lump eight months earlier. The plaintiff then saw the defendant in November 2020 for a biopsy and breast cancer was diagnosed. 

Our client underwent a mastectomy of the left breast and a sentinel lymph node dissection.  The lymph nodes were free from cancer and the cancer did not spread distantly.  Pathological staging revealed that Mrs. Safir was in Stage 1B breast cancer.  However, based upon the features of her cancer, she had bad prognostic indicators. In addition to the mastectomy, she underwent chemotherapy and continues to take daily medication to prevent the cancer from returning.

Sullivan Papain Member Eleni Coffinas Represents the Plaintiff

The defense argued that the plaintiff was offered a biopsy and instead chose to follow up in three months.  They also argued that since the plaintiff was diagnosed in Stage 1B so her chances of survival were 97%.

Sullivan Papain Member Eleni Coffinas argued that our client should never have been given the option of following up and should have been told that biopsy was the only option. Furthermore, due to the poor prognostic indicators, had our client been diagnosed eight or nine months earlier she would have had less cancer and a much better overall chance of survival.

We asked the jury for $3 million for past pain and suffering and $6 million for future pain and suffering. The jury awarded those amounts with 30% fault on the radiologist and 70% fault on the breast surgeon.

Coffinas settled the case for $9 million in Nassau County Court to compensate for the delayed diagnosis.

Learn More About Eleni Coffinas

With abundant experience in medical malpractice law, Eleni Coffinas is a powerful advocate for individuals impacted by negligent healthcare providers and has helped her clients obtain multimillion-dollar settlements. In addition, Ms. Coffinas specializes in medical malpractice cases, including birth injuries, delayed diagnoses, and surgical and cardiac cases. To learn more about Eleni Coffinas, click here.