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Medical Malpractice Settlement – Unnecessary Bilateral Prophylactic Mastectomy and Lack of Informed Consent

Press Release – February 2, 2022

The Injury Law Center is pleased to announce that Attorney Joseph Russo was able to secure a $475,000 settlement on a medical malpractice case at mediation.

The case involved an alleged unnecessary bilateral prophylactic mastectomy (BPM) that was performed without proper informed consent. The patient was in her 40’s and was diagnosed with Atypical Ductal Hyperplasia (ADH) after lumpectomy following her mother’s recent diagnosis of breast cancer. It was alleged that the patient was rushed through a short 15-minute surgical consultation for the BPM without undergoing genetic testing.

If tested, the patient would’ve learned that she did not carry the BRCA1 or BRCA2 genetic mutations and that her lifetime Cancer Risk Assessment score was only 35%.

The appropriate standard of care under these circumstances was not a radical BPM, but post-lumpectomy screening with potential chemoprevention medications, namely Tamoxifen, which would’ve reduced her risk of developing breast cancer by 85%.

Attorney Russo explained, “this case involved a considerable amount of research associated with the medical literature. We were able to track evolving approaches to the treatment of female patients with breast cancer risk factors throughout the years in the field of surgical oncology. The research allowed us to be ultra-prepared in our ability to select experts, focus on the issues, and appropriately work up the case to obtain a strong value at mediation.”

Client Reviews
After my accident I was in so much pain and so confused that I didn't know where to go, so I contacted the Injury Law Center. Joe would sit and he would listen and talk to me and hear what I was saying and what was really going on with me. He explained everything. It really made a difference and gave me a peace of mind. I knew that he knew me well enough to take care of my best interests. He heard the story behind everything and made sure that the insurance company had to take action. Deb Brosnan
If someone I cared for was going to be going through something like this I would definitely recommend Injury Law Center as your first point of reference. My case went on for a very long time, over a year, and we were on very good terms the entire time. Attorney Russo came to visit me several times in the hospital and brought me things to do in rehab. They were very supportive the entire time. Injury Law Center was able to exceed my expectations and I am able to live comfortably without having to work. Valerie
I had a car accident that affected my business and my ability to deal with insurance companies was very difficult. Joe stayed the course and we were offered very fair compensation.I think it was because of Joe and the hard work of the team. It was a very long trial but it turned out to be in our favor which we were very happy about. Mat Morello