On April 7, 2026, a proposed class-action lawsuit was filed in the United States District Court for the Southern District of West Virginia that sued the Defendant, The Greenbrier Clinic, Inc., and asserted five causes of action: (1) Unfair and Deceptive Acts and Practices; (2) Unjust Enrichment; (3) Breach of Contract; (4) Fraudulent, Deceptive, or Misleading Representations; and (5) Negligent Infliction of Emotional Distress, and states, in part:
8. Defendant’s website advertises that “The Greenbrier Clinic offers the latest in technology to aid in detecting health issues. By leveraging these state-of-the-art diagnostic technologies, the physicians can quickly and accurately identify patient concerns while assuring maximum comfort and safety for patients.”
9. Defendant even expressly represents that the “3D mammography” offered at the Greenbrier Clinic is “one of the latest technological innovations in women’s healthcare” which “improves accuracy and can help detect breast cancer earlier and therefore allow treatment sooner.”
10. When Plaintiff got her mammogram from Defendant, Defendant charged Plaintiff for that service.
11. Plaintiff paid that cost through her insurance, and she may owe out of pocket expenses associated with that insurance bill.
12. But Plaintiff did not get what she paid for.
13. The mammograms provided to Plaintiff and others were of different, deficient, inferior, and lesser value compared to what Defendant had represented them to be.
14. The mammograms provided to Plaintiff were not quick or accurate, and Plaintiff feels neither comfort nor safety after Defendant’s actions.
15. Defendant’s report, which included notations concerning Plaintiff’s February 13, 2026, mammogram, classified her screening results as “[b]enign.”
16. In that report, Defendant assured Plaintiff that her February 13, 2026, mammogram, and corresponding screening results, were reliable because “[h]igh-resolution real-time ultrasound images . . . were obtained.”
17. On March 23, 2026, Defendant sent Plaintiff, and other members of the putative class, a letter informing them that the mammograms provided by Defendant were unreliable.
18. That version of a mammogram gives the impression of reliability to patients, like Plaintiff, when in fact the results were not dependably accurate.
19. In that letter, Defendant disclosed “there is a serious concern about thequality of the mammography that our facility performed between October 28, 2023 and February 26, 2026.”
20. Defendant explained “the FDA required [Defendant] to stop performing mammograms as of February 26, 2026[]” because “[t]he FDA determined that [Defendant] failed to meet the clinical image quality standards established by [Defendant’s] accreditation body.”
21. Defendant admits that “most patients will need to have their mammogram(s) performed at [Defendant’s] facility reviewed to determine whether a repeat mammogram at another facility is needed.”
22. Defendant has not reimbursed, refunded, or rebated the costs paid by Plaintiff and her insurer for the worthless mammogram it provided.
23. In addition to that ascertainable loss, Plaintiff has endured emotional distress in learning how she and others felt a false sense of security when they relied on their screening results from Defendant’s mammograms.
24. Upon information and belief, Defendant sent the same or materially similar letter more than 1,000 patients who are similarly situated to Plaintiff.
25. Those patients reside across the country and internationally.
If you may be the victim of a negligently performed mammogram in West Virginia or in another U.S. state, you should promptly find a West Virginia medical malpractice lawyer, or medical malpractice lawyer in your state, who may investigate your mammogram malpractice claim for you and represent you in a mammogram malpractice case, if appropriate.
Click on the “Contact Us Now” tab to the right, visit our website, or call us toll-free in the United States at 800-295-3959 to find mammogram attorneys in your state who may assist you.
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