A Tennessee jury has found in favor of plaintiff Courtney Hill in her failure to diagnose lawsuit against Dr. Claudia Moise and OB/GYN Specialists P.C. of Memphis.  She was awarded nearly $24 million for her medical bills, pain and suffering after her breast cancer was misdiagnosed.

According to the lawsuit, Dr. Moise ignored Hill’s multiple complaints of an unusual lump in one of her breasts.  The complaints began back in 2003, when Moise advised Hill not to be concerned and that she would revisit the issue during her next check-up.  During that subsequent check-up, Moise still did not order a mammogram, but instead suggested to Hill that the lump was simply a cyst or a fatty deposit.

She couldn’t have been more wrong.  Hill had cancer, and it wasn’t until she was pregnant and the lump got worse that she was finally given a mammogram and an ultrasound that revealed the disease.  By that point, it had spread to her liver.

Hill then had to undergo chemotherapy, radiation, a lumpectomy, and a hysterectomy to treat her cancer.  Because of these intensive medical treatments, she was too weak to appear in court so her testimony had to be presented via video.

The medical malpractice trial only lasted two weeks before the jury reached a decision.  They awarded $11.85 million to Mrs. Hill and an additional $11.74 million to her husband, Robert, who also sued for damages.  The verdict is said to be one of the largest malpractice awards in Tennessee history.

A jury in Virginia has awarded what is believed to be the state’s largest medical malpractice recovery, $7.5 million, to the surviving family of Eleanor Browder who died as a result of a misdiagnosis of breast cancer in the form of a delayed diagnosis.
In March 2003 Browder went to see Dr. Donna Gamache after she found a notable lump in her right breast.  Nurse Practitioner Mary Nichols ordered a mammogram which came back with negative results.
The results of the mammogram were delivered to Dr. Gamache, at which point she examined them and wrote “Need chart” at the top.  Neither the nurse nor the doctor ever retrieved said chart, nor were any further tests ordered as a follow up to the mammogram to determine exactly what was causing Mrs. Browder’s lump.

By the time Browder returned to Dr. Gamache in October, the lump in her right breast had grown to the size of a lemon.  It was then that an ultrasound and a biopsy were ordered and the cancer was finally diagnosed.  But by then it was too late.  The cancer was at a stage IV, and incurable.  Sadly, Mrs. Browder passed away last April, before her complaint made it to trial.  Her husband and two adult children continued the case following her death.

The medical attorney for the Browder family argued that had the cancer been properly diagnosed seven months earlier, when the original mammogram was performed, Browder’s survival rate would have been greatly increased.

The jury allocated $212,000 of the award to medical expenses, $785,000 for economic loss and $6.5 million to Mrs. Browder’s widower, Paul, for “solace”.  Unfortunately, the damages will be reduced to $1.65 million, the state-mandated medical malpractice cap.

A delayed diagnosis of cancer can mean the difference between a full recovery and certain death.  If you or a loved one has suffered further losses due to a missed or delayed cancer diagnosis, or you have lost a family member as a result of this type of medical negligence, please don’t hesitate to discuss your situation with an experienced medical lawyer.

Source:   Fredericksburg.com