On May 14, 2013, Clark Hudson successfully obtained a defense verdict on behalf of a local Pathologist and his Medical Group. The plaintiffs in the matter alleged a delay in diagnosing breast cancer. The patient had undergone a breast needle biopsy and surgical excision in 2008. Both samples were interpreted in showing Flat Epthitheal Atypia and Atypical Ductal Hyperplasia - both diagnoses carrying an increased risk for the development of breast cancer. In 2009 the patient's mammograms were negative, however, in 2010 the breast imagining showed areas of suspicious masses. A biopsy showed the presence of Ductal Carcinoma In Situ. The patient was informed she likely needed a mastectomy to treat the cancer.
The patient then sought a second opinion from UCSD. The pathology slides were requested by UCSD and interpreted by them as showing Ductal Cancer In Situ back in 2008. The slides were then sent to Vanderbilt in Nashville Tennessee for another outside review. The third review supported the initial interpretations back in 2008 and suggested the UCSD review was performed with a hindsight bias. The patient elected to undergo her mastectomy at UCSD. The mastectomy was positive for a 7.8 cm mass of Ductal Carcinoma. The mastectomy slides also showed a 1.26 mm site of invasive breast cancer.
The patient, and her husband, filed suit claiming medical malpractice for the delay in diagnosis as well as loss of consortium. Initial demands were made to settle the case for $1,000,000. The plaintiff's settlement demands immediately prior to trial totaled $400,000 - with $75,000 being offered by the defense to the patient, which was rejected. After ten days of trial, the jury took 3 hours to return a defense verdict on behalf of the defendant Pathologist and his Pathology Group.
Clark R. Hudson is a shareholder at Neil Dymott Hudson and concentrates his practice on the defense of healthcare professionals and general litigation. Mr. Hudson may be reached at (619) 238-1712.
