A 52 year old woman suffered from heavy vaginal bleeding. As a result, she underwent a hysteroscopy and dliation and curettage in October of 2007. Polyps were removed and and sent to the pathologist to evaluate.
The pathologist reviewed the tissue samples and reported only a benign condition of the uterus.
In April of 2008, the woman came back for another emergency dilation and curettage. Tissue samples were sent to the same pathologist, who reviewed them and suspected a uterine sarcoma. She was then diagnosed with Stage IIA uterine sarcoma.
Plaintiff's pathology expert told a different story. Said expert was prepared to testify that the pathology slides from October in 2007 revealed a malignant uterine sarcoma. Additionally, it was discovered that the Plaintiff had a uterine sarcoma invading 60% of the uterine wall and extending into the upper cervix. She was subsequently diagnosed with metastatic disease to the lungs, indicating that at her initial diagnosis, she was actually at Stage 3 or 4.
Plaintiff's cancer is extremely rare, and no standardized treatment currently exists. Despite aggressive treatment, her cancer continued to progress.
According to Plaintiff's experts, the Defendant pathologist had negligently misread and misinterpreted the Plaintiff's October 2007 pathology slides and that the six month delay in diagnosis and treatment allowed the Plaintiff's cancer to progress from a highly curable stage to her current incurable stage. Plaintiff will die a premature death as a result.
The case settled before trial for $1.75 million.
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