Breast Cancer Misdiagnosis Lawsuit Results in $15M Award

A New York woman has been awarded $15 million as a result of a lawsuit brought against a doctor who failed to diagnose breast cancer. 

The cancer misdiagnosis lawsuit was filed by Stephanie Tesorioro, 50, against Dr. Paul R. Fisher in New York.

According to allegations raised in the complaint, Tesorioro went to Dr. Fisher in 2002 at the Carol Baldwin Breast Cancer Center, complaining about a lump in her breast. Fisher told her that everything was fine after performing a mammography. Although he found a lump the size of a marble, Dr. Fisher told her it was not malignant.

The lawsuit claims that everything was not fine, and that Tesorioro had breast cancer. Because it was not diagnosed in time, the cancer spread 16 months later to her bones and lymph nodes. By then the lump was the size of a golf ball.

Tesorioro had to undergo chemotherapy, a mastectomy and radiation treatments to drive the cancer into remission, but the cancer has returned and her prognosis is uncertain. According to the lawsuit, she will have to undergo chemotherapy regularly, possibly for the rest of her life, to keep the cancer at bay.

Tesorioro alleged that Fisher failed to meet accepted standards of care. According to her claim, he could have made a proper diagnosis if he would have done a simple sonography of the lump.

Following a two week trial, a Suffolk County Supreme Court jury determined that Dr. Fisher was negligent and awarded Tesorioro $15 million.

According to a report by the Bradenton Herald, Tesorioro has indicated that she just wanted Fisher to admit he made a mistake and to encourage women who are suspicious they are not getting the proper care to speak out to their doctors and ask for further tests.