$6.25 Million Settlement - Breast Cancer Misdiagnosis

Timothy M. Richardson And Daniel E. O'Brien Finalize Misdiagnosed Breast Cancer Settlement for $6,250,000

Cook County — January 3, 2022

Daniel E. O'Brien & Timothy Richardson finalized a $6,250,000.00 settlement in a case involving misdiagnosis of breast cancer. The plaintiff, a 48-year-old woman, received a mammogram in 2016, and while the radiologist identified an asymmetry, they concluded that the findings were normal. In 2017, the plaintiff experienced a number of severe symptoms, including abdominal pain and swelling and nausea, and after receiving emergency treatment, she was diagnosed with Stage IV breast cancer. The cancer had metastasized and spread to other parts of her body, including the intestines, lumbar spine, ovaries, and fallopian tubes. As a result, she received a hysterectomy and she required the implantation of stents in the urethra which need to be changed every four months. While she was able to receive chemotherapy and other forms of medication, her cancer will result in her death at some point in the future. If the cancer had been diagnosed correctly in 2016, it would likely have been at Stage III, and she would have been able to receive life-saving treatment and avoided the invasive procedures that were required once the cancer progressed to Stage IV. Because the plaintiff suffered harm due to the misdiagnosis of breast cancer, the radiologist agreed to pay her $1 million, and the hospital where the radiological tests were performed agreed to pay $5.25 million.

$3.25 Million Settlement - Nursing Home Neglect

Cook County - Attorneys Timothy Richardson and Paul Salzetta - A disabled 57-year-old woman was recovering at a nursing facility in a northern Chicago suburb following knee surgery. On 9/24/12, she fell out of bed and suffered wound dehiscence and a patellar tendon rupture which required three repair surgeries. She developed an infection and eventually needed an above the knee amputation. The defendant argued that the plaintiff did not follow orders to stay in bed and that the plaintiff’s underlying condition would have necessitated supervisory life care planning even if the injury had not occurred. The settlement was paid by a confidential nursing home.

$1.325 Million Settlement - Breast Cancer Misdiagnosis

Timothy M. Richardson And Daniel E. O'Brien Finalize Misdiagnosed Breast Cancer Settlement For $1,325,000 With Gynecologist, Radiological Facility And Radiologist.

Cook County — November 1, 2021

On November 1, 2021, Timothy M. Richardson and Daniel E. O'Brien finalized a $1,325,000 settlement in a misdiagnosed breast cancer case involving a 50-year-old woman. The matter was settled after the plaintiff presented her expert witnesses and cross-examined all four defense experts at deposition.

In January of 2014, the plaintiff, who was 43 years old, appeared at her gynecologist’s office for her annual exam with complaints of a new breast mass that was about two centimeters in size. The mass was located on the extreme right medial breast which is considered an uncommon location. The defendant's gynecologist decided to aspirate the mass with a syringe to determine if it was blood or fluid-filled. After aspirating blood from the mass, the defendant's gynecologist decided to dump the bloody fluid down the sink rather than having it sent to cytology for proper examination. Additionally, the defendant's gynecologist decided to use an abdominal ultrasound transducer to radiograph the mass rather than a required breast ultrasound transducer. The defendant's gynecologist claimed that the mass was not on the breast but rather was on the sternum, so no further workup was necessary. The gynecologist failed to include breast cancer in his differential diagnosis which would have required referring the plaintiff for a specialized radiological workup and a referral to a specialist for a breast biopsy.

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$4.52 Million Verdict - Misdiagnosed Breast Cancer

Upper gastrointestinal histopathological slides for a 38-year-old woman were misinterpreted at Adventist Hinsdale Hospital, resulting in the plaintiff’s stomach cancer not being properly diagnosed until 16 months later. The original slides showed Stage I adenocarcinoma (stomach cancer), and when the slides were properly diagnosed, the plaintiff was at stage III. As a result, the plaintiff was at a 56% chance of recurrence, although at trial, the plaintiff still had not had a recurrence.