Articles Posted in Misdiagnosis of Breast Cancer

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Robin Mann underwent a screening mammogram at the McGuire Veterans Affairs Medical Center. A doctor there allegedly noted a previously seen mass in Mann’s left breast but did not order an ultrasound.

Approximately two years later, Mann underwent another screening mammogram that revealed no new masses. The following year, she noticed a mass in her left thigh, a small lump in her right buttock and a palpable lump in her left breast. A physician at McGuires Women’s Health Center allegedly diagnosed a benign fibrocystic condition and ordered another mammogram. After undergoing this test, Mann was advised to continue with routine screening mammograms.

The lump in Mann’s breast grew larger. She underwent a diagnostic mammogram, but this allegedly was not compared to the previous images. When an ultrasound did show an abnormal mass, Mann underwent a breast biopsy, which led to a diagnosis of high-grade invasive mammary carcinoma.
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Kerri Downes, 22, discovered a lump in her right breast while showering. She went to Axia Women’s Health, where she was seen by a nurse practitioner, Eileen Carpenter. Carpenter diagnosed fibrocystic breast changes, and a follow-up exam was scheduled for two weeks later.

At this appointment, Carpenter again diagnosed bilateral fibrocystic changes. Approximately nine months later, Downes experienced itching and burning of the skin over her breast. She consulted a physician, who noticed that Downes’s right breast was larger than her left and that she had a mass in her right breast.

An ultrasound and a biopsy led to a diagnosis of Stage IIB breast cancer, with metastasis to three lymph nodes. Downes underwent a bilateral mastectomy with lymph node dissection, chemotherapy and radiation as well as breast reconstruction. Downes is now 26 and has a reduced chance of survival.
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Maya Cotton underwent a mammogram after she developed a lump in her right breast. The interpreting radiologist allegedly reported that her condition was “probably benign.”

Approximately 16 months later, she was diagnosed as having Stage IIIB breast cancer, which required a bilateral mastectomy, radiation, chemotherapy and hormone therapy.

Cotton sued the radiologist and the radiology group, alleging that they chose not to properly interpret the mammogram, perform an ultrasound and perform a complete examination of her breast lump. The lawsuit claimed that this lack of affirmative action allowed her cancer to spread and become more advanced.
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Melissa Avilez suffered from breast lumps and pain. She consulted a certified nurse midwife, Kerry-Ann Dacosta, who worked for Urban Health Plan, a federally funded clinic.

Although Avilez sought treatment from Nurse Dacosta nine times in 2015 and 2016, she was not referred to a breast surgeon.

In 2017, Avilez was diagnosed as having metastatic cancer. Before she died at age 26, Avilez sued Nurse Dacosta and the United States under the Federal Torts Claims Act (FTCA) alleging that the nurse midwife, Dacosta, chose not to follow up on her breast findings, perform a breast exam; refer Ms. Avilez to a breast surgeon; or order radiological testing, including an ultrasound.
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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.
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Ms. Doe, 47, had a family history of breast cancer. When she discovered a mass in her right breast, she consulted with Dr. Roe, a family practice physician. The doctor aspirated the mass with an 18-gauge needle but did not send the aspiration collection to cytology for analysis.

Cytology is the examination of cells from a patient’s body under a microscope to determine the presence of disease or illness. Instead, Dr. Roe referred Ms. Doe for a mammogram and ultrasound, which reported the presence of a hematoma.

Ms. Doe’s mass continued to grow. Dr. Roe allegedly attributed this to an enlarging hematoma during Ms. Doe’s multiple later visits.
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Dawn Kali was 36 when she was diagnosed with Stage I breast cancer. She was being treated by Robert Young at pH Miracle Living, an inpatient treatment center.

Kali flew to San Diego, where she paid more than $2,000 per night at the pH Miracle Living ranch. She also paid $500 for each round of an intravenous infusion treatment that was later learned consisted of baking soda. She did not pursue other cancer treatment. Her condition deteriorated. At the present time, Kali has been diagnosed with Stage IV cancer with just a four-year life expectancy.

Kali sued Young, alleging negligence and fraud. She presented testimony from pH Miracle Living’s accountant that she had overheard Young promise patients he could cure their cancer, even though Young was not a medical doctor. From the reporting of this case, it is not clear whether Young represented to individuals at pH Miracle Living that he was in fact an oncologist, a doctor or in the medical profession at all.
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On April 21, 2011, Gail Osten had a screening mammogram. The “technologist” at the screening noticed a slightly inverted left nipple and a brown discharge, which Osten had not noticed before.

The mammogram revealed bilateral benign calcification and no other masses or malignancy. No further tests were ordered. In December 2011, she was diagnosed with breast cancer. She died on March 19, 2015.

On Jan. 20, 2017, Joseph Osten, as special administrator for Gail Osten’s estate, filed suit against Northwestern Memorial Hospital, Northwestern Medical Faculty Foundation, Nye Partners in Women’s Health and three of the medical providers who treated Osten in April 2011.
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Ms. Doe, age 37, developed shortness of breath eight days after giving birth. A CT angiogram to rule out a pulmonary embolism revealed an enlarged right-sided axillary lymph node. Despite this finding, Ms. Doe’s healthcare providers ordered no further follow up. Over a year later, Ms. Doe discovered a lump in her right breast.

Testing of the lump by biopsy of the breast mass and lymph node led to a diagnosis of metastatic Stage IV breast cancer with lung involvement.

Ms. Doe is the mother of three children and a food service worker earning just minimum wage. Sadly, Ms. Doe’s condition at Stage IV is terminal.
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Mary and Terry Cohan filed a medical malpractice lawsuit against Medical Imaging Consultants claiming that the company and its medical providers were negligent in the treatment that caused Mary’s breast cancer to progress undiagnosed for one year. It was alleged that the delay in diagnosis led to her suffering damages from a shortened life expectancy and physical and mental suffering.

The medical defendants moved for a directed verdict at the end of the Cohan case at the jury trial on the basis that plaintiffs failed to make a prima facie case of causation and damages against the defendant. The elements of a medical negligence claim, like all negligence claims are: duty, breach of duty, causation and damages.

The district court judge granted the defendants’ motion, concluding that there was no sufficient proof of damage or causation other than the loss of chance of a lower rate of non-recurrence of cancer, which did not constitute a proper measure of damage at the time.
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