Johnson County, Kansas. Defense Verdict
The plaintiff was the husband of a 43 year old female patient referred to our client, a general surgeon, due to an abnormal mammogram. The patient had right breast pain with no other complaints. Radiology revealed a left breast mass that was likely fibroadenoma and an intramammary lymph node on the right breast. A core biopsy was performed on the mass in the left breast and found benign. Patient was called with results. Two follow-up visits were scheduled, but the patient failed to appear for either. Eighteen months later a biopsy of the patient’s right breast by subsequent physician revealed Grade III invasive ductal cancer with lymphovascular invasion. The patient expired late the following year. The plaintiff claimed damages in excess of $5 million. The verdict was returned after less than one hour of jury deliberation.