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New York Personal Injury Attorneys

SPBMCC Partner Elizabeth Montesano Successfully Recovers $2.4 Million in Delayed Diagnosis Case

April 5, 2022 in

Medical Malpractice Partner Elizabeth Montesano, Esq., recently obtained a multi-million dollar settlement for her client who suffered a needless delay in diagnosis of parotid (salivary) gland cancer due to radiology errors. 


61-Year-Old Husband and Father Experiences Tingling and Pain in His Face


The plaintiff was an otherwise healthy 61-year-old man who was married, working and living with his two young adult children. In late 2016, he developed tingling and pain in the right side of his face and sought multiple opinions and consultations from various medical specialists for almost two years. During this time, he was referred by these doctors to have five (5) different radiology studies in order to get a proper diagnosis and develop a treatment plan. 


Three Radiologists Fail to Properly Diagnose Patient’s Condition


Unbelievably, all five of these studies were misinterpreted because each radiologist failed to look at all of the images. Instead, they followed the first radiologist’s negligent reading that led to a diagnosis of trigeminal neuralgia. Trigeminal neuralgia is a pain disorder that affects the trigeminal nerve which runs through the face. This clinical diagnosis was wrongly arrived at because the radiologists only reported findings of a small blood vessel possibly compressing the trigeminal nerve. 


All five radiology studies in actuality showed a tumor suspicious for cancer involving the parotid gland, which went unreported and undiagnosed for almost two years. All the while, the plaintiff’s symptoms only worsened, and his tumor grew and spread to nearby structures. By the time of his diagnosis, the cancerous tumor was now very large, had spread to the facial nerve, the mandible (lower jaw bone), and the skull base. The tumor was so large it created extensive damage, causing our client to endure a grueling and long surgery consisting of the excision and reconstruction of his face including skin grafting, as well as nerve and bone grafting taken from his right leg. 


Despite very aggressive chemotherapy and radiation therapy, it was discovered that his cancer had spread to one lung. Approximately three years later, testing showed that it had further spread to both lungs, as well as his bones, brain and liver.


Partner Elizabeth Montesano Obtains $2.4 Million Settlement For Plaintiff’s Injuries


Ms. Montesano represented this client through the entirety of the litigation and retained expert physicians in radiology, neurology, neurosurgery and oncology who supported the claims alleged in the case. Ms. Montesano’s team of experts claimed that the failure to properly report the findings that were on the radiology studies led to the spread of cancer from an early stage—where the cancer was confined to the parotid gland—to a much later stage where it had spread, advanced and became destructive. 


As a result of the spread and advancement of his cancer, the patient required additional surgery and treatment and lost a substantial chance for survival from an otherwise curable cancer. 


While awaiting trial to be scheduled in this matter, Ms. Montesano successfully negotiated a settlement to compensate our client in the sum of $2,400,000.00. 


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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