Professional Negligence Law Reporter

Robin Mann underwent a screening mammogram at the McGuire Veterans Affairs Medical Center (VAMC). A physician allegedly noted a previously seen mass in Mann’s left breast but did not order an ultrasound. Approximately two years later, she underwent another screening mammogram, which revealed no new masses. The following year, Mann noticed a mass in her left thigh, a small lump in her right buttock, and a palpable lump in her left breast. A physician at McGuire Women’s Health Center allegedly diagnosed a benign fibrocystic condition and ordered a screening mammogram. After undergoing this test, Doe was advised to continue with routine screening mammograms.

The lump in Mann’s breast grew larger, however. She underwent a diagnostic mammogram, but this allegedly was not compared to the previous images. When an ultrasound revealed an abnormal mass, Mann underwent a breast biopsy, which led to a diagnosis of high-grade invasive mammary carcinoma.

Mann had to undergo chemotherapy, radiation, and several surgeries to treat her breast cancer. She later developed neuropathy, and her cancer has metastasized to her brain.

Mann sued the United States, alleging its health care providers negligently failed to timely diagnose breast cancer and initiate immediate treatment. The delayed diagnosis resulted in a reduced life expectancy, the plaintiff asserted, adding that the defendant’s radiologist had clearly missed an abnormal mass present on a screening mammogram.

The parties settled for $1 million.

Citation: Mann v. United States, No. 3:22-cv-00181 (E.D. Va. 2022).

Plaintiff counsel: AAJ members Brewster S. Rawls and Glen H. Sturtevant Jr., both of Richmond, Va.