Trial News

While pregnant, Doe, 35, noticed a small lump in her left armpit. She reported this to her treating OB-GYN, who allegedly failed to document it. The lump grew after Doe delivered her child. The OB-GYN allegedly diagnosed mastitis, prescribed antibiotics, and told Doe to use warm compresses. Although the lump shrunk, it did not disappear completely. Fifteen months later, Doe was diagnosed as having Stage IV breast cancer in her left breast and lymph node. By the time of the diagnosis, Doe’s cancer had already spread to her liver. Her life expectancy is two to five years.

Suit against the OB-GYN alleged failure to timely diagnose cancer. The plaintiff asserted that the defendant had failed to accurately document her signs and symptoms, order imaging studies, and refer her to a specialist for further workup. The defendant argued that he had met the standard of care by examining Doe’s breasts.

The parties settled for $900,000.

Citation: Doe v. Roe, Confidential Dkt. No. (Va. Confidential Ct. Apr. 15, 2021).

Plaintiff counsel: AAJ members Lee Livingston and Anthony Greene, both of Charlottesville, Va.