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The Latest Virginia & North Carolina Injury News

Virginia (VA) Jury Awards $7.5 Million in Failure to Diagnose Breast Cancer Case

Posted on Jun 05, 2009

A great result in a medical negligence case was recently achieved in the Spotsylvania Circuit Court of Virginia in a wrongful death case about a doctor’s error in treatment. According to an article that appeared in Virginia Lawyers Weekly, a jury awarded $7.5 million to the husband of a registered nurse who died from breast cancer. Eleanor Browder had noticed a lump in her breast and had gone to see her family practitioner from Lee’s Hill Medical Associates in May 2003. The family practitioner, Dr. Donna Gamache, had ordered a mammogram that came back negative, but did not refer Mrs. Browder to a specialist for further testing. After 7 months the lump had more than doubled its size and Mrs. Browder went back to Dr. Gamache, who then referred her to a specialist. Following further testing, the mass in Mrs. Browder’s breast was found to be malignant.

After the cancer was discovered, Mrs. Browder had to have a bilateral mastectomy followed by chemotherapy and radiation treatment sessions before her cancer finally went into remission. Two years later, the cancer metastasized and she died at 57 in April of 2008. William Artz, an attorney located in Arlington, Virginia represented Mrs. Browder claiming that Dr. Gamache along with a nurse practitioner were negligent when they did not initially seek further testing to investigate the abnormal mass. Attorneys representing Dr. Gamache and Lee’s Hill Medical Associates (really their insurers) claim that Mrs. Browder’s outcome could not have been changed. They maintained the position that the delay in her diagnosis would not have had an effect on her chances of survival due to the aggressive nature of the cancer. The jury was in deliberation for 5 and ½ hours before awarding Mrs. Browder’s husband $7.5 million dollars. Under Virginia medical malpractice law, the wrongful death award will be reduced to the amount of the applicable cap allowed, likely under $2 million dollars.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard as a pro bono service to consumers. Lawyers licensed in: VA, NC, SC, WV, DC, KY, who handle car, truck, railroad, and medical negligence cases and more.

How should you locate the best, top injury lawyer for your case?

Our Injury Lawyers Have Been Selected For Many Achievements Outlined Below:

Several Injury Attorneys With Our Firm have been included among the "Best Lawyers in America" 2010 Edition (Lewis-Injury Law, Shapiro-Railroad Injury Law) and been Named As Virginia "Super Lawyers" For Personal Injury Law (Lewis, Shapiro - 2009 Ed.)(Less than 5% of Outstanding Lawyers are Chosen); also selected by the National Million Dollar Advocates Forum (Lewis, Shapiro - 2009); named among the Top 100 Lawyers in Virginia by ATLA (Shapiro - 2009), and our law firm was the first Injury Law Firm in Virginia Invited to Join Primerus, a select group of Highly Ethical, Respected Law Firms .

In October, 2000 our law firm and co-counsel obtained, what was then, the largest record verdict in Virginia's history for an injured person (46 Million Dollar Verdict, with Interest, 60 Million Dollars, Settled confidentially during appeal). Click on icons for more details.

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Our personal injury lawyers handle personal injury cases throughout the eastern USA, and work closely with lawyers in other states on signficant injury cases.

As to Virginia (VA), this includes: Norfolk, Virginia Beach, Chesapeake, Portsmouth, Hampton, Newport News, Suffolk, Richmond (entire area), Petersburg, Roanoke/Salem, Alexandria, Arlington, Fairfax, Fredericksburg, Charlottesville, all areas of the Eastern Shore, including Accomack, Onancock, Chincoteauge, Wachapreague, and Cape Charles, Bloxom, Eastville, Exmore, Greenbackville, Machipongo, Mappsville, Melfa, Nassawadox, Onley, Tangier, Temperanceville, Wachapreague, and Wallops Island, Ashland, Big Stone Gap and any other city/ounty.

As to West Virginia (WV) personal injury claims: Bluefield, Beckley, Bridgeport, Charles Town, Charleston, Fairmont, Huntington, Lewisburg, Madison, Martinsburg, Morgantown, Moundsville, Parkersburg, Ripley, Sutton, Weirton, Wheeling, and any other town or county.

Injury Lawyers licensed in VA, WV, NC, SC, KY, FL & Wash., DC.

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Main VA Office
1294 Diamond Springs Road
Virginia Beach, VA 23455
Phone: (757)-460-7776
Fax: (757)-460-3428
Toll Free: 1-800-752-0042

Hampton-Peninsula Area Office
Mill Point Center
101 Eaton Street
Hampton, Virginia 23669
Phone: (757)-788-8162

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Elizabeth City, NC 27909
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