Delayed Breast Cancer Diagnosis Verdict

Bozanich v. epic Imaging, Multnomah County Case No. 1208-10254

During her 2010 annual exam, doctors discovered a lump in Plaintiff Bozanich’s left breast. She was referred to Defendant Epic Imaging for an ultrasound and possible mammogram.

Plaintiff Bozanich alleged that the results of that testing indicated that the lump was a fibroadenoma and “probably benign.” She claimed that a biopsy was not explained or recommended to her, nor was the need for any follow-up care.  In 2011 Bozanich was seen by a different doctor and testing indicated that she had breast cancer. She alleged that the delay in the diagnosis of the cancer was due to the misdiagnosis by Defendant and its doctors and resulted in physical and mental pain and suffering and her likely premature death. She sought economic damages of four million dollars and non-economic damages of five million dollars.

Defendant Epic Imaging and its doctor responded claiming that after the ultrasound and mammogram they recommended a clinical follow-up with Bozanich’s referring provider. They faxed their report to her provider.  Her provider’s records indicated that they both called and wrote to Bozanich about the need for a clinical follow-up.  Records showed that Defendant’s doctor also sent a letter to Bozanich recommending a clinical follow-up. Defendant argued that they met the standard of care in all respects.

Plaintiff’s Counsel – Terrence Kay

Defense Counsel – Karen O’Kasey

Verdict – Defense Verdict

Date – October 6, 2015

October 13, 2015

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