Facts

Plaintiff Jane Doe, a 58-year-old married woman with no children, discovered a lump in her right breast on self-examination in November 2012. She underwent a mammogram and ultrasound on Nov. 16. A suspicious lesion was confirmed. She then underwent a biopsy on Nov. 20. An employee of defendant OB/GYN notified her by phone on Nov. 27, that the biopsy was benign, and that she should return in one year.

Over the next several months, the lesion seemed to grow. In late February 2013, plaintiff requested that her records be forwarded from defendant to Dr. John West, a breast surgeon. It was at that time that plaintiff was notified by defendant that her Nov. 20 biopsy was positive.

Plaintiff saw Dr. West and Dr. John Link, a breast oncologist on Feb. 28, and treatment was initiated.

Plaintiff underwent neoadjuvant chemotherapy. She then underwent a partial mastectomy. Residual cancer was found in both the right breast and in six axillary lymph nodes.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the standard of care required that defendant notify her of the positive biopsy and immediately refer her to a breast oncologist.

In accord with the testimony of Dr. Link, plaintiff argued that, during the period of delay, her cancer progressed from curable to incurable. In view of her Ki-67 of 95 percent, the volume of her cancer increased dramatically during the period of delay.

DEFENDANT'S CONTENTIONS:
Defense conceded that plaintiff was not informed of the positive biopsy result, but argued that the delay was inconsequential in terms of treatment decisions and prognosis.

Result

The case settled for $699,999, inclusive of any later wrongful death case.