Sullivan Papain Obtains $1.95 Million Settlement for Woman Whose Breast Cancer Was Negligently Misdiagnosed
Sullivan Papain is proud to announce a $1.95 million settlement secured by attorney Elizabeth Montesano on behalf of a 70-year-old woman whose recurrent breast cancer progressed to Stage IV due to multiple, critical failures by her treating physicians to diagnose her disease in a timely and curable stage.
Our client was a diligent patient with a significant cancer history. In 2012, she had been successfully treated for early-stage breast and endometrial cancer, including a lumpectomy, chemotherapy, hysterectomy, double mastectomy and subsequent hormone therapy. She remained vigilant about her follow-up care.
In June 2020, she discovered a small lump in the right upper inner breast and chest area during self-examination. She promptly notified her oncologist, who, without ordering any imaging or biopsy, incorrectly assured her that the lump was merely post-surgical scar tissue from her prior double mastectomy. At each subsequent visit, as she reported that the lump continued to grow, she was again dismissed and reassured that nothing was wrong.
Growing increasingly concerned, she returned earlier than scheduled and pleaded for a diagnostic test. Her oncologist had a surgeon evaluate her, and both physicians again minimized the lump, but referred her for a CT scan at her insistence. The radiologist reviewing the scan was not informed that the patient had a palpable lump; nevertheless, the images clearly showed a suspicious mass and a nearby smaller lesion. The radiologist negligently reported the scan as normal.
Relying on this erroneous interpretation, her doctors advised her that the lump was simply a bone spur or scar tissue, and no further evaluation occurred.
One year later, as the mass continued to enlarge and became visibly detectable beneath clothing, our client sought an orthopedic consultation. The orthopedist immediately recognized that the growth was not a bone spur and urgently ordered diagnostic imaging. An ultrasound and MRI revealed an irregular, suspicious mass consistent with malignancy. A biopsy confirmed recurrent breast cancer that had metastasized extensively to her lymph nodes, muscles, bones, and lungs.
Because of the year-long delay in diagnosis, she was diagnosed with Stage IV cancer and was no longer a candidate for surgery. She now faces lifelong cancer treatment and a significantly shortened life expectancy.
After being retained, Sullivan Papain consulted expert radiologists and surgical oncologists who confirmed that her physicians failed to meet the standard of care by not immediately investigating and biopsying the palpable mass. They further opined that this diagnostic delay deprived our client of the opportunity for curative treatment and allowed her cancer to progress to a terminal stage.
The case was fully litigated, and shortly before trial, the parties reached a $1.95 million settlement at private mediation. This recovery provides meaningful compensation for the profound harm our client suffered due to negligent medical care.
Learn More About Firm Member Elizabeth Montesano
Elizabeth Montesano, a firm member, is a vigorous advocate for people injured due to medical malpractice. Ms. Montesano handles all types of medical malpractice cases, including birth injuries, delays in cancer diagnosis, and surgical and cardiac cases.
To learn more about firm Member Elizabeth Montesano, click here.