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New York Personal Injury Attorneys

SPBMCC Member Elizabeth Montesano Obtains $2 Million in Delayed Diagnosis Case

On June 27, 2023, SPBMCC Member Elizabeth Montesano successfully obtained a $2 million settlement for a woman who received a delayed cancer diagnosis.

60-Year-Old Woman Waits Two Years for Cancer Diagnosis

In January 2017, a 60-year-old wife, mother, and Queens resident received a chest X-ray study. The radiologist and radiology facility failed to promptly diagnose a 1-centimeter ovoid nodular density in the patient’s upper lobe of the right lung. Instead of reporting this highly abnormal mass suspicious for lung cancer, the radiologist reported a “normal/negative” result. This negligence in care led to a two-year delay and advancement of the plaintiff’s disease to Stage IV lung cancer. 

Disease Left Untreated Escalates to Stage 4 Lung Cancer

In May 2019, the plaintiff felt a sudden enlarged mass in her neck and underwent immediate testing, which revealed findings that suggested cancer. This led to additional testing, including a biopsy. As a result of the delay in diagnosis, our client was diagnosed with advanced Stage IVb lung cancer, which spread through the chest, metastasized to numerous lymph nodes in the chest and neck, and metastasized to the brain. 

The disease required radiation therapy to shrink the tumors in the brain, along with targeted chemotherapy treatment for the remainder of her life to keep her condition stable and hopefully stop the progression and advancement of the disease. 

Elizabeth Montesano Successfully Represents the Plaintiff

SPBMCC Elizabeth Montesano, Esq. successfully negotiated a $2 million settlement before the trial during a motion conference to expedite the trial because of the plaintiff’s medical condition. Elizabeth Montesano settlement report for $2.4 million.

Learn More About Firm Member Elizabeth Montesano 

Elizabeth Montesano, a member of the firm, is a vigorous advocate for people injured due to medical malpractice. Her legal skills and experience have helped her clients achieve many multimillion-dollar settlements. 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.

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