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Partner Christopher Nyberg settled a case in Brooklyn involving a 70-year-old woman diagnosed in October 2016 with Stage IV breast cancer, which had metastasized to her bones. We retained experts who were going to testify that signs of her breast cancer were present on a breast mammogram taken in October 2015 and that her breast cancer should have been diagnosed then.
The Defendants disputed that there were any signs of the cancer present on the mammogram and claimed that the staging of her cancer was the same even with a year delay in diagnosis.We retained a well-qualified breast oncologist so that we would be able to prove at trial that her cancer had not yet metastasized by October 2015 and that the one year delay in diagnosis led to significant advancement of her breast cancer, led her to need additional treatment, and caused her to have an increased chance of recurrence following treatment.
Rather than going through expensive and lengthy litigation, we were able to successfully resolve the case for $950,000 during mediation before one of the Judges in Kings County Supreme Court.
