Confidential Wrongful Death Settlement

Published

Marasco & Nesselbush senior litigation counsel Mark Grimm achieved confidential wrongful death settlement in a complex medical malpractice case alleging the negligent failure to timely diagnose breast cancer. 

Marasco & Nesselbush represented the family of a woman who died as a result of the alleged negligence. Our client had appropriately undergone a screening mammography which was read as suspicious for cancer. The doctors recommended a biopsy. The pathology from the biopsy was read as normal; routine follow-up mammography and ultrasound was recommended. 

Nine months later after a follow-up mammogram, our client was diagnosed as suffering from an aggressive cancer which had spread. She underwent a mastectomy, chemotherapy and radiation. Unfortunately, all these treatments were unsuccessful, and she passed away approximately two and a half years later leaving behind her husband and children. 

After investigation by experts engaged by Marasco & Nesselbush, it was found that the original pathology had been misread. As is often the case the defendants denied fault and litigation was commenced. Although the defendants suggested that the pathologist who read the biopsy met the standard of care, defendants finally agreed to resolve the matter after extensive litigation. 

Litigation of this nature cannot truly right the wrong, but it can provide closure and a sense of vindication for the family. In addition, in this case we were able to achieve economic support for the family, most notably a substantial annuity has been established for the benefit of our client’s minor child. 

Medical malpractice cases are also important for our society. They insure that doctors listen to their patients and are careful when rendering a diagnosis and providing treatment. If you have questions about our medical care you or your loved one has received please feel free to contact our office for a free, no obligation consultation.