$4.8 Million Settlement Demanded in Fatal Breast Cancer Misdiagnosis Case

The Porter Law Group is pursuing a $4.8 million settlement in a tragic medical malpractice case involving the misinterpretation of a mammogram that led to a delayed diagnosis of breast cancer and ultimately terminal illness.

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In January 2021, when the client discovered a palpable lump during a self-breast exam, she promptly sought medical evaluation. A mammogram and ultrasound were performed in February 2021, revealing a 2-3 cm mass in her right breast. The radiologist, Dr. Cohen, classified it as "probably benign" (BI-RADS 3) and recommended a follow-up ultrasound in six months rather than immediate biopsy. This decision would prove to be catastrophic.

By August 2021, when follow-up imaging was performed, the mass had more than doubled in size to 5.5 cm. A biopsy confirmed invasive ductal carcinoma - triple negative breast cancer - that had already spread to the lymph nodes. The client was diagnosed with Stage IIIB cancer, requiring aggressive treatment including extensive chemotherapy, mastectomy, and radiation.

Board-certified experts retained by the Porter Law Group have identified multiple deviations from the standard of care in the initial interpretation of the February 2021 imaging. The experts assert that the mass showed characteristics requiring at minimum a BI-RADS 4 classification and immediate biopsy recommendation. Had proper procedures been followed, the client likely would have been diagnosed at Stage IIA or earlier, when the cancer was still highly treatable.

Tragically, in April 2023, scans revealed the cancer had metastasized to the client's lungs, liver, and bones. Oncology experts indicate that with timely diagnosis, the client would have had an 81% 10-year survival rate. Instead, due to the delay, her prognosis is terminal with survival now measured in months.

The client, a 53-year-old mother of four, has endured immense physical and emotional suffering. Beyond the devastating physical toll of late-stage cancer, she faces the psychological burden of knowing her death could have been prevented through proper medical care. Her children, who all live with her, face the imminent loss of their mother's guidance and support.

The economic impact has also been severe. The client was forced to leave her job as a security guard, resulting in lost wages of $448,631. Medical expenses already exceed $18,600 and continue to mount. Given the terminal diagnosis, her four children may also pursue substantial claims for loss of parental guidance, valued at approximately $400,000 per child based on legal precedent.

The Porter Law Group's settlement demand takes into account both the clear liability and the catastrophic damages in this case. The firm's medical experts are prepared to testify that Dr. Cohen's failure to properly interpret the initial imaging and order immediate biopsy directly led to the client's terminal prognosis. They maintain that had the cancer been diagnosed in February 2021, less invasive treatment options would have been available and the client's life could have been saved.

The firm is committed to holding medical providers accountable for diagnostic errors that cost lives. Anyone who has experienced a delay in cancer diagnosis should seek immediate legal consultation to understand their rights and options. Contact the Porter Law Group for a confidential evaluation of your potential medical malpractice claim.