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Settlement Reached in Tragic Breast Cancer Misdiagnosis Case

Last Updated on Originally published February 1, 2025
Photo by National Cancer Institute on Unsplash

The Porter Law Group recently secured a settlement in a medical malpractice case involving a delayed diagnosis of Stage IV metastatic breast cancer, which led to the untimely death of a 67-year-old devoted grandmother and former healthcare worker. The case highlighted serious failures in medical care coordination and follow-up that resulted in devastating consequences for the patient and her family.

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In December 2017, the patient underwent a routine screening mammogram that revealed concerning abnormalities, including suspicious calcifications in both breasts. The radiologist explicitly recommended additional imaging, including spot magnification views and bilateral breast ultrasound. However, despite the clear findings and recommendations, her primary care providers at the medical facility failed to communicate these critical results to the patient or order the recommended follow-up studies.

What followed was a series of missed opportunities spanning nearly three years. The patient visited her healthcare providers on at least ten occasions between the initial mammogram and her eventual diagnosis. During these visits, the concerning mammogram results were never discussed, and the recommended follow-up imaging was never ordered. Even more troubling, the only reference to the mammogram in her medical records incorrectly documented the results as “normal,” despite the clearly documented abnormal findings.

The medical facility’s negligence became even more apparent when investigators discovered that approximately two months after the initial mammogram, the radiology center had sent a letter to the patient’s doctor specifically noting their unsuccessful attempts to have the patient return for necessary imaging. This letter, warning that the patient was “lost to follow-up,” was apparently ignored by the medical providers.

The consequences of these failures were catastrophic. In October 2020, the patient presented to an emergency department with complaints of back and flank pain, dizziness, and fatigue. She was diagnosed with Stage IV metastatic breast cancer with widespread metastases to her bones, liver, and lymph nodes. Due to the advanced stage of her disease, she did not qualify for any meaningful treatment and passed away just two months later, on December 5, 2020.

Medical experts retained by the Porter Law Group testified that had the follow-up imaging been performed as recommended in 2017, the cancer would likely have been diagnosed at a much earlier, treatable stage. Instead of facing a terminal diagnosis, the patient would have had an approximately 81% ten-year survival rate with appropriate early intervention, likely requiring only a simple lumpectomy without the need for extensive radiation or chemotherapy.

The impact on the family has been profound. The patient, who had worked as a Certified Nurse’s Assistant and Home Health Aide for nearly 25 years, was described as the true matriarch of her family. She had been raising her grandchildren following her daughter’s death in 2015, providing them with love, guidance, and support. Her husband of nearly 50 years, her grandchildren, and extended family members have been devastated by her loss.

This case underscores the critical importance of proper medical follow-up and communication in cancer diagnosis. According to the American Cancer Society, breast cancer detected early has a significantly better prognosis, with 5-year survival rates above 90% for localized disease. However, this drops dramatically to around 30% for stage IV breast cancer.

The settlement brings some measure of accountability and financial security to the family, though it cannot make up for their profound loss. The case serves as a sobering reminder of the devastating consequences that can result from breakdowns in medical communication and follow-up.

If you or a loved one has experienced delays in cancer diagnosis or other serious medical conditions, it’s crucial to seek legal counsel promptly. The Porter Law Group has extensive experience in medical malpractice cases and is committed to helping patients and families affected by medical negligence receive the justice they deserve. Contact our office for a confidential consultation to discuss your situation and understand your legal options.

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Every Porter Law Group guide is written and reviewed by experienced New York personal injury attorneys.

Michael S. Porter
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Michael S. Porter
Personal Injury Attorney

Originally from Upstate New York, Mike built a distinguished legal career after graduating from Harvard University and earning his juris doctor degree from Syracuse University College of Law. He served as a Captain in the United States Army Judge Advocate General’s Corps, gaining expertise in trial work, and is now a respected trial attorney known for securing multiple million-dollar results for his clients while actively participating in legal organizations across Upstate NY.

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Eric C. Nordby
Legally Reviewed on February 1, 2025
Eric C. Nordby
Personal Injury Attorney

Eric, with nearly three decades of experience in personal injury litigation, holds a law degree with honors from the University at Buffalo School of Law and a Bachelor's Degree from Cornell University. His extensive career encompasses diverse state and federal cases, resulting in substantial client recoveries, and he actively engages in legal associations while frequently lecturing on legal topics.

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This page was legally reviewed by Eric C. Nordby on February 1, 2025. Our experts verify everything you read to make sure it's up to date. Read our editorial guidelines or contact us.