Settlement for Woman with Terminal Cancer
Posted in News on Thursday, July 22nd, 2021
Lyndy Cantillon and her team recently settled a case for a woman who had been diagnosed with terminal peritoneal (ovarian) cancer due to failings in the care afforded to her by the Health Service Executive. The negligence in this case was sadly twofold.
The Plaintiff was a woman who had a long history with breast cancer, having undergone a left mastectomy in 1998 and a right mastectomy in 2017. She had a strong family history of breast cancer, including two family members who had died of breast cancer. Unfortunately, it was not until her second mastectomy in 2017, that she was referred for genetic testing which sadly revealed she was a carrier of the BRCA1 gene mutation. In order to reduce her risk of developing ovarian cancer she opted to undergo removal of her fallopian tubes and ovaries. She underwent the procedure, and the biopsies of her fallopian tubes and ovaries were examined and reported as normal. It was later discovered when she was diagnosed with peritoneal cancer that in fact those biopsies were not normal and did contain “obvious malignancies.” If the biopsies had been reported correctly following the original procedure, then she would have undergone chemotherapy treatment at that point in time, and would likely have avoided her ultimate diagnosis of stage 4 peritoneal cancer. Further still, if she had been referred for genetic testing at an earlier point in time (which she should have been given her personal and family history with cancer), she would have likely undergone the risk reducing procedure much earlier, thus avoiding any further cancer at all.
Due to the fact this woman was terminally ill, the matter was expedited and case managed by the Court. It settled out of court.
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