Doe, 52, underwent a screening mammogram, which radiologist Roe interpreted as normal. After a second mammogram a year later, Doe received an abnormal report. This led to additional tests and a subsequent diagnosis of Stage III breast cancer that had spread to nine lymph nodes. Doe required chemotherapy, surgery, radiation, and hormone treatment and now has a 35 percent chance of surviving ten years.
Doe sued Roe and her group, alleging she had misread the first mammogram. The plaintiff claimed that this test showed a 2.5-cm lesion, which grew to 8 cm the following year. Had she received an earlier diagnosis, the plaintiff asserted, her disease would have been curable. Suit did not claim lost income.
The jury awarded $2.65 million. Posttrial motions are pending.
Citation: Doe v. Roe Radiologist, Confidential Dkt. No. (Va., Fairfax Co. Cir. Nov. 10, 2011).
Plaintiff counsel: AAJ member William E. Artz, Arlington, Virginia.