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The mammogram that didn't get read: anatomy of a $13.5M verdict.

A radiologist's failure to flag a suspicious finding. A primary-care follow-up that never happened. A jury verdict that took three weeks. The full case told the way we'd brief partner counsel.

A $13.5 million jury verdict is not the result of one failure. It is the result of a chain of failures, each compounding, each documented, each — by the time of trial — undeniable. The cases that produce verdicts at this level are not exotic. They are well-built.

This is the anatomy of one such case.

The clinical timeline

A 47-year-old woman with no significant family history of breast cancer presented for routine screening mammography. The imaging revealed a small, irregular density in the upper outer quadrant of the left breast. The radiologist's report categorized the finding as BI-RADS 4, recommending biopsy.

The report was transmitted to the patient's primary care physician. The PCP's office did not communicate the result to the patient. The patient, having heard nothing, assumed the imaging was clear. Eighteen months later, after presenting with a palpable mass, she was diagnosed with Stage IIIB invasive ductal carcinoma with regional lymph node involvement.

The legal theory

The case was brought against both the imaging facility and the primary care practice. Against the imaging facility, the theory was a failure to ensure that a BI-RADS 4 finding was adequately communicated and confirmed received. Against the PCP, the theory was a failure to act on a documented radiology report that recommended biopsy.

"The cases that produce verdicts at this level are not exotic. They are well-built."

Defense raised the standard arguments. Causation was contested — would earlier biopsy have produced a different outcome? Damages were contested — was the prognosis materially different at Stage I versus Stage IIIB? Apportionment was contested — which defendant was responsible for what percentage of the breach?

The expert work

The plaintiff team developed a four-expert case. A breast radiologist established that the BI-RADS 4 categorization was correct and that the recommended follow-up was the standard of care. A breast oncologist established the survival differential between Stage I and Stage IIIB diagnoses. A medical office practice expert spoke to the standard of care for communicating radiology results within a primary care practice. A life-care planner and economist developed the damages model.

Trial

The trial took three weeks. The jury was given a clean record: a documented BI-RADS 4 finding, a documented recommendation for biopsy, a documented absence of any follow-up communication, and a documented progression of disease over the eighteen months that followed. Liability was found against both defendants, with apportionment of 60% to the primary care practice and 40% to the imaging facility.

The total verdict, $13.5 million, included economic damages of $4.2 million, non-economic damages of $7 million, and consortium claims of $2.3 million. The matter resolved post-verdict without appeal.

What the case demonstrates

The pattern that produced this verdict is not unusual. The combination of a BI-RADS 4 finding, a communication breakdown, and an interval to symptomatic diagnosis is a recurring fact pattern in late-diagnosis breast cancer matters. What was unusual was the discipline of the case development — and that's the part that's transferable.

Building a practice like this?

Peachward partners with one law firm per state to develop late cancer diagnosis practices. The first conversation is short, candid, and confidential.