Confidential
Settlement – $595,000Facts
The plaintiff, a 20-year-old mother of four, underwent a right breast biopsy in September 1998. That biopsy was
positive for malignancy. In April 1999, the plaintiff underwent a right modified radical mastectomy and a left
simple mastectomy. Thereafter, the plaintiffÆs case was presented to the Tumor Board at the facility where the
plaintiff was receiving treatment. After the patientÆs history was reviewed, a recommendation was made for
post-operative chemotherapy along with an anti-estrogen agent, Tamoxifan.
The defendant oncologist was present for the Tumor Board hearing. Nevertheless, no chemotherapy was ever
ordered or provided to the plaintiff by defendant oncologist. The plaintiff alleged that no recommendation was
provided by the defendant and that had such a recommendation been made, she would have undergone such
treatment.
The defendant alleged that the recommendation was made and that the plaintiff refused the chemotherapy. The
defendantÆs note from that meeting to adequately provide information as to why such treatment was not
recommended or accepted.
In July 1999, the plaintiff reported a two-week history of an enlarged axillary lymph node. A biopsy of this
lymph node was performed which was positive. The plaintiff then began a regime of radiation and
chemotherapy.
Other Information
The matter was resolved prior to deposing the defendant at a settlement conference mediated by Thomas Dillard.
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