Facts

On May 3, 2005, the plaintiff, 65, underwent a mammogram, which was read by defendant Roe Medical Group radiologist as showing no significant abnormality.

The plaintiff then underwent another mammogram on Jan. 21, 2005, which was read by a different Roe Medical Group as showing no evidence of malignancy.

The plaintiff was diagnosed with a 2 cm infiltrating ductal carcinoma in January 2006. She was found to have a single metastatic axillary lymph node. She opted to undergo a right modified radical mastectomy and chemotherapy. There is no evidence of recurrent disease to date.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the mammograms of May 3, 2004 and Jan. 21, 2005 were misread. The plaintiff contended that both studies showed indicia of malignancy and as such, an ultrasound and a biopsy were required. Had the diagnosis been made in May 2004, the plaintiff contended that she would have been diagnosed with stage 1 disease, that a mastectomy would likely been avoided and that the likelihood of prolonged disease free survival in the absence of chemotherapy would have been upwards of 90 percent. By virtue of the delay, even with the chemotherapy, in view of the metastatic axillary lymph node, her likelihood of long term disease free progression is 75 percent.

DEFENDANT'S CONTENTIONS:
The defendant contended that both mammograms were properly read. They further contended that her treatment and prognosis were largely unaffected by any period of delay.

Settlement Discussions

The plaintiff demanded $250,000. The defendant offered $75,000.

Result

The case settled for $150,000 inclusive of any potential wrongful death case.