PHILADELPHIA – The case of a Philadelphia woman who alleged Temple University Health System and a number of its physicians missed diagnosing her metastatic breast cancer over a three-and-a-half-year time period from 2011 to 2015 was settled and ended in May of last year.
On May 2, 2018, a praecipe filed by defense counsel Richard E. Geschke Jr. explained the litigation brought by Caroline Frazier against Temple University Health System, Temple University Hospital, Inc. and Dr. Robert Bronstein was settled, discontinued and ended.
Caroline Frazier first filed suit on Feb. 7 in the Philadelphia County Court of Common Pleas versus the defendants.
(Initially, five additional Temple University Hospital physicians were named as defendants in the litigation, but they were found not to be involved with the events at hand and all collectively dismissed as defendants with prejudice, upon mutual agreement from all parties concerned on April 19, 2018.)
“On Oct. 14, 2011, plaintiff, 47 years of age, with a known family history of a first-degree relative with breast cancer, underwent a left breast ultrasound at the Temple University Hospital Department of Radiology due to a palpable mass in the left breast in a report read by Robert Bronstein, M.D.” the lawsuit said.
Examinations performed by the defendants from that time through August 2014 revealed the presence of cysts and “benign” microcalcifications, which attending physicians said required follow-up mammograms. Finally, a breast biopsy was scheduled in March 2015.
This biopsy revealed the presence of intermediate grade-cancer in the plaintiff’s left breast, which has required aggressive follow-up treatment at Fox Chase Cancer Center [in Philadelphia] from then until the present time, in the form of “[breast mastectomy and reconstructive] surgeries, chemotherapy, hormone therapy and radiation treatments.”
“Due to the defendants’ multiple and repeated failures to recognize the obvious signs, increasing microcalcifications, symptoms, indications and need, no biopsy was performed until March 2, 2015. As a direct result of the inexcusable delay, plaintiff’s malignant neoplasm of the left breast was allowed to aggressively spread metastasize and invade her prominent axillary, left upper paratracheal and upper abdominal lymph nodes,” the suit stated. “Due to the negligent acts and omissions of defendants…plaintiff was needlessly subjected to the unmitigated metastatic spread of the cancer into her lymph nodes.”
The plaintiff said the defendants’ negligence caused the plaintiff to suffer decreased life expectancy, pain, increased risk of disease progression, metastasis and death, hot flashes, memory loss, extreme fatigue, neuropathic pain in her feet, brachial plexis traction injury and edema, plus disfigurement, deformity and scarring.
For counts of negligence and corporate negligence and prior to settlement, the plaintiff was seeking damages in excess of $50,000, plus interest, costs and other relief, in addition to a trial by jury.
The plaintiff was represented by Andrew M. Ominsky of Ominsky & Ominsky, in Philadelphia.
The defendants were represented by Richard E. Geshcke Jr. and Roberta A. Abraham of Christie & Young, also in Philadelphia.
Philadelphia County Court of Common Pleas case 170200502
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com