Delay of a Client’s Cancer Diagnosis Results in Substantial Confidential Settlement

The Marasco & Nesselbush Personal Injury team obtained a confidential settlement in a medical negligence case that involved a Rhode Island woman whose breast cancer diagnosis was delayed almost 2 years.

Our client felt a lump in the upper quadrant of her right breast and went and confided in a doctor to look over her films. Her doctor believed the mammograms showed normal breast tissue and recommended a follow-up in six months.

As instructed, she followed-up six months later with another radiologist, and again was told her mammogram and ultrasound showed that nothing changed.  The lump she felt was probably benign. Again, our client was advised to follow-up and was advised that no immediate surgical action was needed.

Our client’s OB-GYN was given copies of these reports and neglected to review the films. The OB-GYN examined our client, noted the lump’s size and directed our client to follow-up again in six months. The result from this follow-up appointment was devastating.

The mammogram, ultrasound and additional tests conducted at this appointment demonstrated a 1.8 cm mass, revealing breast cancer in the form of invasive ductal carcinoma. To treat her cancer, our client went through a prolong traumatic experience resulting in a segmental mastectomy and many post-surgical complications. Additionally, she underwent a second surgery to remove ischemic skin that was causing a lack of blood supply. She then treated with six months of adjuvant chemotherapy and two months of radiation.

While undergoing treatments, our client questioned if there was a delay in her diagnosis, and if so, what could be done. Another attorney heard her story and referred her to Marasco & Nesselbush. After accepting the case, Attorney Mark Grimm, Legal Assistant Sara Squillace, and the Marasco & Nesselbush Personal Injury team took action.

This was a complex medical negligence case that took years to resolve. Over this time, the team gathered hundreds of medical records and medical opinions including ultrasound films, pathology reports, radiology expert opinions, letters from doctors, and medical bills. With the assistance of radiologist and oncology experts, Attorney Mark Grimm and the team determined that our client should have had a biopsy performed when the lump was first detected. After filing suit, we demonstrated that our client’s quality of life was diminished due her delayed diagnosis. If her cancer was treated at an earlier stage the longstanding damages would have been avoided.

Our client ultimately was compensated with a significant confidential settlement and we are pleased that our client has been over five years without a reoccurrence. “Unfortunately, radiology reports and ultrasound films are improperly read or even ignored at times.  When this happens, treatment is delayed, and results can be devastating,” said firm partner Joseph Marasco. “Typically, we see patients enduring more invasive procedures like mastectomies and having an increased risk of recurrence.”


The Marasco & Nesselbush team is proud to advocate for those suffering from medical negligence. We believe it is an honor to provide this legal care because it improves the quality of life of our clients, ensures that negligent care givers are held accountable, and leads to improved medical care. If you believe that you or a loved one may be a victim of medical negligence, please contact us for a free consultation.

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