Ms. Doe, who had a history of breast cancer, underwent regular breast MRIs. After a tumor was identified on an MRI, her treating radiologist reviewed previous scans and allegedly confirmed that they had been misread as normal for several years. By the time the correct diagnosis was issued, Ms. Doe’s…
A New York Appellate Court has held that the plaintiff in a breast cancer negligence case failed to raise a triable issue of fact and opposition to a defendant’s summary judgment motion. Merlinda Paglinawan underwent a screening mammogram and ultrasound. The interpreting radiologist recommended a follow-up diagnostic mammogram and ultrasound.…
The defendants, Gregg Coccaro, M.D., and Associated Saint James Radiologist, S.C., appealed from the $6.5 million jury verdict in this medical malpractice lawsuit. The appeal raised the following two issues: (1) Did the trial court abuse its discretion in making a series of rulings related to evidence, argument and instruction…
Robin Mann underwent a screening mammogram at the McGuire Veterans Affairs Medical Center. A doctor there allegedly noted a previously seen mass in Mann’s left breast but did not order an ultrasound. Approximately two years later, Mann underwent another screening mammogram that revealed no new masses. The following year, she…
Kerri Downes, 22, discovered a lump in her right breast while showering. She went to Axia Women’s Health, where she was seen by a nurse practitioner, Eileen Carpenter. Carpenter diagnosed fibrocystic breast changes, and a follow-up exam was scheduled for two weeks later. At this appointment, Carpenter again diagnosed bilateral…
Maya Cotton underwent a mammogram after she developed a lump in her right breast. The interpreting radiologist allegedly reported that her condition was “probably benign.” Approximately 16 months later, she was diagnosed as having Stage IIIB breast cancer, which required a bilateral mastectomy, radiation, chemotherapy and hormone therapy. Cotton sued…
Melissa Avilez suffered from breast lumps and pain. She consulted a certified nurse midwife, Kerry-Ann Dacosta, who worked for Urban Health Plan, a federally funded clinic. Although Avilez sought treatment from Nurse Dacosta nine times in 2015 and 2016, she was not referred to a breast surgeon. In 2017, Avilez…
When Lana Burton went in for a routine mammogram and later developed a lump in her breast, she went back for another mammogram and an ultrasound. The radiologist, Dr. Sanford Limpkin, interpreted the mammogram and ultrasound as being normal. Fifteen months later, she was diagnosed as having triple negative cancer…
Ms. Doe, 47, had a family history of breast cancer. When she discovered a mass in her right breast, she consulted with Dr. Roe, a family practice physician. The doctor aspirated the mass with an 18-gauge needle but did not send the aspiration collection to cytology for analysis. Cytology is…
Dawn Kali was 36 when she was diagnosed with Stage I breast cancer. She was being treated by Robert Young at pH Miracle Living, an inpatient treatment center. Kali flew to San Diego, where she paid more than $2,000 per night at the pH Miracle Living ranch. She also paid…