Confidential
Settlement – $250,000Facts
On Oct. 25, 1999, plaintiff, a 35-year-old single mother, presented to her gynecologist (not a party) with a left
breast lump. A mammogram and ultrasound were done on Oct. 29, 1999 and were felt to be highly suggestive
of a malignancy.
On the same day, the same radiologist, Roe defendant, performed a fine needle aspiration. Those slides were
assessed by Roe pathologist as consistent with a benign process, such as fibrocystic changes or a
fibroadenoma. The radiologist then prepared a biopsy "reconciliation report" indicating that the final pathology
was consistent with the ultrasound findings.
The plaintiff returned to her OB/GYN on Sept. 6, 2000 reporting that her left breast lump had increased in size.
A mammogram, ultrasound and biopsy were undertaken in short order, and a diagnosis of infiltrating ductal
carcinoma was made.
The plaintiff underwent lumpectomy and sentinal node sampling on Oct. 6, 2000, revealing the presence of a
1.8 centimeter primary with metastasis found in the sentinel node.
The plaintiff then underwent four cycles of Adriamycin/Cytoxan chemotherapy and four
cycles of Taxol chemotherapy, followed by radiation.
Settlement Discussions
Roe Radiologist paid $150,000, inclusive of wrongful death case. Roe Pathologist paid $100,000, inclusive of wrongful death case. The case settled following mediation with Joseph Thielen, Esq.
Other Information
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