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New York Personal Injury Attorneys

SPBMCC Partner Elizabeth Montesano Obtains Settlement of $1 Million for the Plaintiff in Medical Malpractice Case

May 8, 2020 in

Firm Partner Elizabeth Montesano successfully represented a 35-year-old woman whose breast cancer diagnosis was delayed for a year and a half because of her physician’s negligence. 

Plaintiff Receives a Delayed Breast Cancer Diagnosis After Her Physician’s Misdiagnosis 

In June 2016, the plaintiff felt a lump in her right breast and brought it to her doctor’s attention. She was sent for a mammogram and sonogram, which were performed at the same facility just days later.  Unbeknownst to the patient, the radiologist incorrectly reported that she had cysts accounting for the breast lump when there was actually a suspicious mass in a different region of the breast that showed symptoms that pointed to breast cancer. The patient needed a biopsy, but when she followed up with a breast surgeon from the same facility, she was told that there was nothing to worry about. The surgeon also confirmed that the lump was merely cyst-related.

Approximately a year and a half later, the patient felt that the “cyst” in her breast had increased in size.  She reported this to her obstetrician, as she was now pregnant with her first child. The woman was referred for immediate testing which revealed two large masses suspicious for breast cancer. An immediate biopsy confirmed that both areas were positive for Stage 2 Breast Cancer.  

Despite being 32 weeks pregnant at the time of her diagnosis, our client immediately underwent a lumpectomy and chemotherapy. When she became full-term, she delivered a healthy baby boy and immediately resumed additional chemotherapy, followed by mastectomies of both breasts and radiation therapy. 

Montesano Obtains Settlement Totaling $1 Million for the Plaintiff

Firm Partner, Elizabeth Montesano, took the pretrial testimony of the defendant radiologist and an offer of settlement was made by the defendants. After extensive negotiations by Eleni Coffinas, Esq., the firm’s Medical Malpractice Department Leader, a settlement was reached for $1,000,000 to compensate the plaintiff for the worsening of her condition during the year and a half period of delay in her breast cancer diagnosis.  

Learn More About Sullivan Papain Block McManus Coffinas & Cannavo, P.C. Partner Elizabeth Montesano 

To learn more about firm Partner Elizabeth Montesano and other notable verdicts and settlements she had obtained on behalf of her clients, click here. To learn more about firm Partner and Medical Malpractice Department Leader Eleni Coffinas, click here.


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