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New York Personal Injury Attorneys

SPBMCC Partner Elizabeth Montesano Obtains $850,000 Settlement in Delayed Breast Cancer Diagnosis

March 24, 2022 in

On February 7, 2022, SPBMCC Partner Elizabeth Montesano successfully obtained an $850,000 settlement on behalf of a breast cancer patient who received a delayed diagnosis of Stage 1C aggressive breast cancer. 


60-Year-Old Medical Professional Suffers Delayed Diagnosis 


The plaintiff, a 60-year-old woman who is a medical professional herself, suffered a one-year delay in her breast cancer diagnosis because multiple doctors misinterpreted the results of her annual mammogram and ultrasound scans. 


The plaintiff presented for her annual mammogram and ultrasound scans in October 2016. Following her scans, two different radiologists interpreted the results. The two medical professionals had no communication and both of them followed-up with the plaintiff via mail. She received two letters stating that the results of her scans were normal.


In actuality, the mammogram revealed a new abnormal nodule that required additional testing. Her gynecologist received the mammogram report with this information, but the report was archived prior to reviewing. The plaintiff was never informed of the correct results and was never referred for further testing.


Radiology Facility Issues Addendum, Does Not Communicate Directly with Patient


Two months later, the radiology facility issued an addendum report to the mammogram. The recommended referral was changed from immediate further testing to a six month follow-up scan. The addendum report was sent to the gynecologist’s office and was immediately archived. The plaintiff was never contacted by the radiology facility or doctors about the referral modification.


In October 2017, one year later, the plaintiff returned for her annual mammogram and ultrasounds scans. These scans revealed two large irregular masses at precisely the same location as the prior abnormal nodule. 


A biopsy was immediately performed, which revealed Stage 1C aggressive breast cancer. The plaintiff had to undergo a mastectomy and additional treatments including chemotherapy, Zometa infusions for the next three years and daily Arimidex therapy for the next ten years. The chemotherapy caused severe peripheral neuropathy in her feet with permanent difficulties with balance, abnormal sensation and persistent pain. 


SPBMCC Partner Elizabeth Montesano On Behalf of the Plaintiff


The plaintiff sought legal representation through the medical malpractice unit at SPBMCC, and Partner Elizabeth Montesano was the responsible attorney on the case. The prosecution and defense reached a settlement of $850,000 before the case went to trial. The settlement will compensate the plaintiff for the advancement in stage, additional treatment needed and increased risk for recurrence due to the one-year delay in diagnosis. 


Learn More About Firm Partner Elizabeth Montesano


Elizabeth Montesano, a member of the firm, is a vigorous advocate on behalf of 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, delay in diagnosis of cancer, surgical and cardiac cases. To learn more about firm Partner Elizabeth Montesano, click here. 

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