Articles Posted in Misdiagnosis of Breast Cancer

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On April 21, 2011, Gail Osten had a screening mammogram. The “technologist” at the screening noticed a slightly inverted left nipple and a brown discharge, which Osten had not noticed before.

The mammogram revealed bilateral benign calcification and no other masses or malignancy. No further tests were ordered. In December 2011, she was diagnosed with breast cancer. She died on March 19, 2015.

On Jan. 20, 2017, Joseph Osten, as special administrator for Gail Osten’s estate, filed suit against Northwestern Memorial Hospital, Northwestern Medical Faculty Foundation, Nye Partners in Women’s Health and three of the medical providers who treated Osten in April 2011.
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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.
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Mary and Terry Cohan filed a medical malpractice lawsuit against Medical Imaging Consultants claiming that the company and its medical providers were negligent in the treatment that caused Mary’s breast cancer to progress undiagnosed for one year. It was alleged that the delay in diagnosis led to her suffering damages from a shortened life expectancy and physical and mental suffering.

The medical defendants moved for a directed verdict at the end of the Cohan case at the jury trial on the basis that plaintiffs failed to make a prima facie case of causation and damages against the defendant. The elements of a medical negligence claim, like all negligence claims are: duty, breach of duty, causation and damages.

The district court judge granted the defendants’ motion, concluding that there was no sufficient proof of damage or causation other than the loss of chance of a lower rate of non-recurrence of cancer, which did not constitute a proper measure of damage at the time.
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A lawsuit has been filed under the Federal Tort Claims Act (FTCA) in a Louisiana federal court. The lawsuit claims that the patient, Lucille Bruno, died because a federally funded clinic ignored signs of breast cancer that led to her death. The lawsuit seeks $5 million in damages.

The surviving children and husband of Lucille Bruno have alleged that Southwest Primary Healthcare and its nurse practitioner who examined Bruno chose not to properly react to what is claimed as signs and symptoms of breast cancer. Southwest Primary Healthcare is a federally funded clinic, which means the U.S. government is a defendant in this case along with the nurse practitioner, Debbie Vidrine.

In September 2013, Bruno first went to an emergency room in Louisiana. She was complaining of breast pain and told the doctors of a lump in her breast. The hospital, which is not a party to this lawsuit, sent her on her way with instructions to follow up with another primary care physician should her symptoms continue.
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Leanna Loud was 39 years old when she underwent a digital mammogram. The radiologist and defendant, Dr. Jeffrey Short, an employee of Charleston Radiologists, read the mammogram as showing dystrophic calcifications in the right breast; this was not present on an earlier mammogram.

Dr. Short characterized the calcifications as benign and did not order any additional testing.

Approximately 2 years later, she discovered a lump in her right breast. She was diagnosed as having Stage III invasive ductal carcinoma.

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