$1.3 Million Settlement for Late Diagnosis of Breast Cancer

Ms. Doe, age 37, developed shortness of breath eight days after giving birth. A CT angiogram to rule out a pulmonary embolism revealed an enlarged right-sided axillary lymph node. Despite this finding, Ms. Doe’s healthcare providers ordered no further follow up. Over a year later, Ms. Doe discovered a lump in her right breast.

Testing of the lump by biopsy of the breast mass and lymph node led to a diagnosis of metastatic Stage IV breast cancer with lung involvement.

Ms. Doe is the mother of three children and a food service worker earning just minimum wage. Sadly, Ms. Doe’s condition at Stage IV is terminal.

Ms. Doe filed suit against her health plan alleging that it chose not perform a workup, including ultrasound followed by biopsy of the enlarged lymph node, which would have revealed her breast cancer at just Stage II when it was very likely curable.

The defendant argued that Ms. Doe’s cancer had metastasized already by the date of the CT angiogram.

Before trial, the parties settled for $1.2 million. The attorney successfully handling this difficult and tragic case was Daniel M. Hodes of Irving, Calif.

Doe v. Roe Health Plan, Confidential Docket.

Kreisman Law Offices has been handling misdiagnosed cancer lawsuits, medical malpractice lawsuits, birth injury lawsuits, traumatic brain injury lawsuits and hospital negligence cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Melrose Park, Mount Prospect, Hillside, Berkeley, Bensenville, Des Plaines, Elk Grove Village, Midlothian, Calumet City, Burbank, Bedford Park, Streamwood, Steger, South Holland, South Chicago Heights, Winnetka, Wilmette, Willow springs, Merrionette Park, Markham, Lynwood, LaGrange Park, Cicero, Berwyn, Bartlett, Franklin Park, Olympia Fields, Chicago (South Loop, Ravenswood Gardens, Printer’s Row, Princeton Park, Pilsen, Norwood Park, Edgebrook, Edison Park, Garfield Park, Jackson Park, Highlands, Jefferson Park, Beverly, Belmont Gardens, Back of the Yards, Lithuanian Plaza, Lower West Side, McKinley Park), Morton Grove and Round Lake Beach, Ill.