Type of Action: Medical malpractice
Verdict or Settlement: Settlement
Injuries Alleged: Delayed diagnosis of breast cancer
Name of case: Degnon v. United States
Court: U.S. District Court for the Eastern District of Virginia, Norfolk Division
Case No.: 2:24-cv-281
Date resolved: 1/28/25
Amount: $1,000,000.00
Attorney(s) for Plaintiff: Howard Bullock, Edward J. McNelis III, and Harrison W. “Whit” Long, Richmond
Summary: The medical care at issue in this case took place at the Portsmouth Naval Medical Center in Portsmouth, Virginia. Plaintiff was fifty-five years old when she reported a palpable lump in her left breast to her healthcare providers in September 2021. A bilateral diagnostic mammogram and left breast ultrasound were performed the following month, and both were interpreted as normal with no further follow-up, despite the plaintiff’s reported complaints of a palpable, painful mass. Thereafter, Plaintiff went on about her life believing everything was normal; however, during the summer of 2022, Plaintiff underwent another bilateral mammogram and left breast ultrasound, which was highly concerning for malignancy. A biopsy was then performed that same day, and Plaintiff was ultimately diagnosed with malignant left breast invasive ductal carcinoma with extensive metastatic involvement. Upon subsequent review of the October 2021 mammogram and ultrasound, the imaging clearly showed the abnormal mass that had been missed by the radiologist at Portsmouth Naval Medical Center, which resulted in a significant delay in diagnosis and treatment of Plaintiff’s breast cancer, as well as the development of an advanced and sizeable tumor with extensive metastasis. Plaintiff was also required to undergo more invasive treatment options and now suffers from terminal cancer with a significantly reduced life expectancy.
Plaintiff’s experts opined that the radiologists at Portsmouth Naval Medical Center failed to properly interpret the October 2021 bilateral mammogram and left breast ultrasound and to provide further intervention and/or evaluation of that mass and that, as a result, Plaintiff’s breast cancer went untreated and ultimately metastasized to the lymph nodes, sternum and spine.
The defense vigorously contested the permanency of his trigeminal neuropathy, claiming the injuries were subjective. Ultimately, the parties were able to mediate the case to resolution just one week before the scheduled trial.