New Hampshire Trial Lawyers Association Verdicts and Settlement Report

PO Box 447

Concord, NH  03302-0447

 

 

Case Title:                         Anonymous v. Anonymous                               

 

County:                                       Anonymous                                              

 

Date of Injury                             2000-2004                                                

 

 

Liability Facts:

 

            This case involves medical negligence claims against several radiologists and the radiology group who misread the plaintiffs’ mammogram films over a four year period, which resulted in a significant delay in the diagnosis of the plaintiff’s breast cancer and which will likely result in her premature death. Ultimately, a comparison of all of the films, four years later, resulted in another physician recommending a biopsy, which resulted in a diagnosis of advanced stage breast cancer.  Unfortunately, lymphatic/vascular invasion was identified pathologically and 7 of the 8 nodes examined were positive for metastatic carcinoma with extranodal extension of tumor leaving the plaintiff, with an extremely  grim prognosis because her cancer was allowed to go untreated for four years, which will likely result in her premature death.  The plaintiff is a secretary to a principal of a local school system, and is a wife and mother of three teenage boys.       

 

Plaintiff:        (1) SexFemale             Age: 51 

                        (2) SexMale                Age: 50 

                       

Plaintiffs’ Theory of Liability:                                                      

    

            The plaintiff, at age 46, 47 and 48, presented for her annual routine screening mammography, and the resultant films were delivered to three defendant radiologists for interpretation; at which time, the defendant radiologists failed to possess the knowledge and exercise the degree of skill that the average and prudent practitioner should have under the same or similar circumstances, in that the defendant doctors failed to properly diagnose the plaintiff’s condition, failed to properly refer the plaintiff for additional necessary and appropriate diagnostic tests, failed to properly refer the plaintiff for additional consideration, care and treatment, and otherwise failed to exercise due care. As a result, The plaintiffs’ condition, breast cancer, went undiagnosed for more than three and one-half years, allowing the cancer to grow and spread, metastasizing to her lymph nodes with evidence of extranodal spread and lymphovascular invasion.

 

            The defendant physician’swere agents, employees, or co-joint venturers with the defendant radiology group, and they were acting within the scope of their agency, employment, or joint venture. The defendant radiology group was therefore, vicariously liable for the negligence of the defendant physicians.

 

 

Defendants’ Theory of Liability:

 

            The defendants’ asserted that all care provided to the plaintiff fell within the acceptable standards of care and the defendants challenged causation, alleging that the plaintiff suffered from an acute inflammatory breast cancer that did not exist during her screening mammograms.

 

Injuries:

 

            The plaintiff has suffered, and will continue to suffer, from extreme physical pain and suffering, mental pain and anguish, a loss of enjoyment of life, a loss of opportunities, and will probably suffer a premature death. As a result of the defendant’s failures, the plaintiff has sustained, and will continue to sustain, substantial medical and hospital expenses, and other extraordinary expenses, physical pain, emotional suffering, loss of earning capacity, loss of enjoyment of life, loss of the opportunity for a better outcome and likely will suffer a premature death, incurring funeral and other expenses.As a result, the plaintiff has suffered, and will continue to suffer, from extreme physical pain and suffering, mental pain and anguish, a loss of enjoyment of life, a loss of opportunities, and will probably suffer a premature death.

 

            The male plaintiff, was and is the husband of the female plaintiff. He has suffered, and

will continue to suffer, the loss of society, affection and services of his wife, the female plaintiff.

 

                          Special Damages:

 

                                                                        Medical Expenses:                  $          91,532.62

                                                                        Estimated Lost Wages:           $        586,588.00

                                                                        Total Special Damages:           $        678,120.00

                                                           

Verdict/Settlement:

                         

            The parties settled after suit but prior to their screening panel hearing and trial for a confidential amount.

 

Counsel:

 

For the Plaintiff:         Mark A. Abramson, Esq., Kevin F. Dugan, Esq., and Holly B. Haines, Esq.

                                                                                     Abramson, Brown & Dugan, P.A.

                                                                                    1819 Elm Street

                                                                                    Manchester, New Hampshire