San Jose Medical Malpractice Case Due To Missed Early Diagnosis in Breast Cancer Case, Part 2 of 2

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the San Jose area, such as Kaiser Permanente, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

Plaintiff then underwent neoadjuvant chemotherapy with Taxol, Adriamycin, and Cytoxan. She underwent bilateral mastectomies on January 4, 2009. A residual tumor measuring 5.5 cm was found in the upper outer quadrant of the right breast. Axillary node sampling revealed five metastatic nodes.

In May 2010, plaintiff was diagnosed with metastatic disease to the lung, liver, and bone. This represents incurable Stage IV disease.

Plaintiffs alleged that the June 30, 2006 mammogram showed a new density in the right superior breast on the MLO study. They contended that this finding should have been appreciated, that the mammogram should have been read as a BIRADS 0, and further imaging studies should have been conducted. Plaintiffs argued that had this been accomplished, it was medically probable that the diagnosis would have been made in July 2006 rather than July 2008. Plaintiffs further alleged that, had the diagnosis been made in July 2006, with the same chemotherapy as she received in 2008, her likelihood of cure would have been upwards of 70 percent.

The defense contended that the June 30, 2006 mammogram was properly read. They further contended that plaintiff was herself at fault for not obtaining a mammogram in June 2007, as instructed. Had she been compliant, her cancer would have been diagnosed based on a June 2007 mammogram and her cancer was curable at that time.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.


According to Plaintiff: Incurable breast cancer; life expectancy of less than one year.


According to Plaintiff: $1.8 million future loss of earnings. She had been earning $85,000 annually.

Verdict/Judgment: Settlement
Verdict/Judgment Amount: $1,450,000

According to Plaintiff: Demand: $2 million (policy limits); Offer: $500,000.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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