$2.23 Million Jury Verdict for Incorrect Cancer Diagnosis

Maria Lastra-Rico was 45 years old when she underwent a breast biopsy. A pathologist interpreted the test as showing invasive ductal carcinoma; she underwent a double mastectomy with lymph node resection and subsequent surgical reconstruction.

She later learned that she in fact had ductal carcinoma in situ, which is noninvasive ductal carcinoma.

Lastra-Rico sued the pathologist and the pathologists’ supervisor who provided a second opinion claiming liability for the misdiagnosis. Lastra-Rico then maintained that had the defendants performed a staining procedure to confirm and ensure the proper diagnosis, she would have undergone a lumpectomy and radiation and avoided the mastectomies altogether. The lawsuit did not claim lost income. After the jury trial, the jury entered a verdict in the plaintiff’s favor in the amount of $2,230,000.

Maria Lastra-Rico was represented by attorneys Danielle George (trial counsel) and Melissa Stewart of the law firm of Phillips & Paolicelli, LLP.

Lastra-Rico v. Ponda, No. 34135/09 (N.Y., Queens Co. Sup., Dec. 9, 2013).

Kreisman Law Offices has been handling medical negligence case, misdiagnosis of cancer cases and hospital negligence cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 38 years in and around Chicago, Cook County and its surrounding areas, including Maywood, Matteson, Melrose Park, Markham, Lincolnwood, Lemont, Lansing, LaGrange Park, Homewood, Highwood, Park Ridge, Steger, South Holland, South Chicago Heights, South Barrington, Salk Village, Winnetka, Worth, Westchester, Tinley Park, Crete, Beecher and Bedford Park, Ill.

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