$2.58 Million Jury Verdict in Failure to Diagnose and Treat Breast Cancer

When Lana Burton went in for a routine mammogram and later developed a lump in her breast, she went back for another mammogram and an ultrasound. The radiologist, Dr. Sanford Limpkin, interpreted the mammogram and ultrasound as being normal.

Fifteen months later, she was diagnosed as having triple negative cancer of the right breast. She underwent a mastectomy, chemotherapy and radiation. Sadly, she died within three years. Burton was 56 when she passed away; she was survived by her husband and adult daughter.

The Burton estate sued Dr. Limpkin and his employer, Advanced Radiology, alleging that they chose not to timely diagnose and treat breast cancer. The Burton family asserted that Burton’s mass was observable on the second set of tests that were done and that Burton should have therefore undergone spot compression imaging.

Spot compression mammography is the radiology procedure applying the compression to a smaller area of tissue using a small compression plate or cone. By applying compression to only a specific area of the person’s breast, the effective pressure is increased on the spot. This results in better tissue separation and allows for clearer visualization of the small spot or area that is being questioned.

In this lawsuit, there was no claim for lost income. The jury signed a verdict for more than $2.58 million. However, the defendants have filed an appeal.

At the jury trial, the Burton family presented experts in radiology, oncology and economics.

The attorneys who successfully handled this tragic case for the Burton family were Ellen E. Flynn and Elisha N. Hawk.

Burton-McClurkin v. Advanced Radiology P.A., No. 03-C-2018-002119 (Md. Cir. Ct. Baltimore County).

Kreisman Law Offices has been handling misdiagnosis of breast cancer cases, medical malpractice lawsuits, wrongful death cases and birth injury lawsuits for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Oak Park, River Forest, Hickory Hills, Hanover Park, Melrose Park, River Grove, Alsip, Worth, South Holland, Chicago Ridge, Chicago Heights, Barrington, Wilmette, Northfield, Glenview, Mount Prospect, Palos Heights, Palatine, Chicago (Galewood, Belmont Cragin, Hermosa, Logan Square, Irving Park, Wrigleyville, Bucktown, Lincoln Park, Lakeview, Ravenswood, Uptown, Edgewater, North Park, Rogers Park, Albany Park, North Mayfair, Ravenswood Manor, Beverly, Roscoe Village, Andersonville, Old Town, West Loop, Ukrainian Village, East Garfield Park), Schiller Park, Schaumburg, Joliet, Elk Grove Village, Country Club Hills, Glendale Heights, Villa Park, Lake Zurich, Bloomingdale and Wheaton, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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