$1 Million Settlement For Radiologist Who Missed Breast Cancer: A federal medical malpractice lawsuit alleging the delayed diagnosis of a woman’s invasive breast cancer by a Veterans Affairs radiologist filed in the United States District Court for the Eastern District of Virginia, Richmond Division was settled in December 2022 for $1 million. The plaintiff had demanded $1,500,000 and the defendant had offered $800,000 before the parties reached their settlement.
Background Allegations
In December 2019, the plaintiff reported to her VA medical provider at the McGuire Veterans Affairs Medical Center in Richmond, Virginia that she felt a lump in her left breast. A screening mammogram was ordered which was read as normal by a VA radiologist.
The lump grew in size over time which the plaintiff reported to her VA medical provider. The VA medical provider then ordered a diagnostic mammogram as well as an ultrasound of the plaintiff’s left breast. Those medical tests led to the diagnosis of an abnormal mass in the plaintiff’s left breast, in June 2020. Ultimately the diagnosis of high-grade invasive mammary carcinoma was made which required the plaintiff to undergo chemotherapy, radiation therapy, and surgery. Despite the various forms of cancer treatment, the plaintiff’s breast cancer metastasized.
A review of the original screening mammogram found that the VA radiologist who reviewed the mammogram had missed a clearly identifiable abnormal mass in the plaintiff’s left breast. As a result of the delay in diagnosing the plaintiff’s invasive high-grade breast cancer, the mass continued to grow unchecked which increased the plaintiff’s risk of death. The plaintiff’s cancer treatment was more invasive and extensive due to the cancer misdiagnosis by the VA radiologist.
The plaintiff’s radiology experts reportedly would have testified during trial that the applicable standard of care required both VA radiologists to properly read a CT scan as indicating an active life-threatening arterial bleed that required the interventional radiologist to recommend an angiogram to determine the source of the bleeding. The plaintiff’s experts were also expected to testify during trial that a procedure was required to stop the bleeding and that if the procedure had been timely and appropriately done, the bleeding would have been stopped and the plaintiff’s life would have been saved.
Mann v. United States, Case No. 3:22-cv-181-JAG.
The Federal Tort Claims Act prescribes a uniform procedure for handling of claims against the United States, for money damages only, on account of damage to or loss of property, or personal injury or death, caused by the negligent or wrongful act or omission of a Government employee while acting within the scope of his or her office or employment, under circumstances where the United States, if a private person, would be liable in accordance with the law of the place where the act or omission occurred.
A tort claim against the United States, based on a negligent or wrongful act or omission of an employee of the Department of Veterans Affairs acting within the scope of his or her employment, may be filed by the injured person or his or her legal representative using Standard Form 95, Claim for Damage, Injury, or Death; however, use of the SF 95 is not mandatory as long as the following requirements are met: 1) detailed allegation; 2) sum certain (total dollar amount claimed in damages); and 3) signature of appropriate claimant. A tort claim must be received by the proper Agency within two years of the date the claim accrued.
If you or a loved one suffered injury (or worse) as a result of medical malpractice at a VA medical center, you should promptly consult with a local medical malpractice lawyer in your U.S. state who handles Federal Tort Claims Act claims and who may investigate your federal medical malpractice claim for you and represent you or your loved one in a federal tort claim action, if appropriate.
Visit our website or call us toll-free in the United States at 800-295-3959 to find federal medical malpractice attorneys (federal tort claim attorneys) who may assist you.
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