Nassau County Jury Awards $4M to Woman For Failure To Diagnose Breast Cancer

On February 22, 2023, a Nassau County, New York jury awarded $4,000,000 to a 55 year old woman for the failure of a radiologist to properly interpret a mammogram and ultrasound resulting in a one year delay in diagnosing breast cancer. The plaintiff developed Stage 3 breast cancer with metastases to her lymph nodes. The radiologist, Dr. Steven Peyser of Lenox Hill Radiology, knew or should have been aware of the patient's complaints of bilateral breast pain and that her maternal aunt had been diagnosed with breast cancer. The plaintiff claimed that the radiologist failed "to recognize the significance of a new area of tethering and architectural distortion", found on the imaging studies, which must be presumed to be breast cancer unless proven otherwise. Instead of recommending further investigation and biopsy, Dr. Peyser recorded "no signs of malignancy" and "BI-RADS 2-Benign Findings" in his chart.

The jury was persuaded that the radiologist should have referred the plaintiff to a breast surgeon/specialist and that early detection/treatment would have avoided some of the more devastating treatments plaintiff endured, including: bilateral mastectomy, chemotherapy with hair loss and peripheral neuropathy and radiation. As a result of the delay the plaintiff will have a reduced life expectancy and is at a higher risk for developing future related cancers. The jury awarded $2,000,000 for past pain and suffering and $2,000,000 for future pain and suffering. This case settled as per a pre-verdict high-low agreement of $2,000,000/$395,000. As such the plaintiff capped her recovery at $2,000,000 but will collect that sum without the threat of post-trial motions or appeals. Kanas v Steven Peyser, M.D., 2023 WL 2986480

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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