. .

Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.



Cook County, IL

In this medical malpractice matter, the plaintiff alleged that the defendant radiologist and the defendant surgeon were negligent in failing to timely diagnose and treat the plaintiff’s breast cancer, which is now Stage IV. The defendants denied the allegations and maintained that the plaintiff’s cancer had already metastasized when she first presented, and they did not contribute to her alleged injuries.

In October, ________, the 32-year-old female plaintiff felt a lump in her left breast. She went for an ultrasound performed by the defendant radiologists which indicated that the plaintiff had two abnormal lesions and a cyst. The defendant radiologist indicated that the plaintiff’s lesions were BIRADS 3 - probably benign - and recommended a follow-up ultrasound in six months. A few days later, the plaintiff met with the defendant surgeon for a clinical examination and explanation of the ultrasound results. The defendant surgeon explained to the plaintiff that she only had a cyst, failed to recommend the six month follow-up ultrasound, and informed her to advise him if she noticed any changes in her left breast.

In January ________, the 34-year-old female plaintiff contacted the defendant surgeon with complaints of changes to her breast which included the mass getting larger, inversion of her left nipple and skin changes in the area around her nipple. The plaintiff contended that these changes were consistent with breast cancer, and the defendant surgeon should have known this and told the plaintiff. Instead, he diagnosed her with a breast infection and prescribed antibiotics. She had a repeat ultrasound in April ________, which again, demonstrated abnormal results. During her follow-up examination following the second ultrasound, the plaintiff contended that the defendant surgeon diagnosed her with a cyst with a resolving infection that required surgical removal. During the surgery, the defendant surgeon discovered a massive tumor which he was unable to remove in its entirety. Pathology reports done confirmed that the plaintiff had infiltrating ductal carcinoma with metastasis in the plaintiff’s lungs. She was diagnosed with Stage IV breast cancer.

The plaintiff brought suit against the defendant radiologist alleging negligence, and against the defendant surgeon alleging negligence in their failure to timely diagnose and treat the plaintiff’s breast cancer.

The defendants denied the allegations and disputed the plaintiff’s contentions of negligence. Both defendants argued that the plaintiff already had metastatic breast cancer when she originally presented in October ________.

The parties agreed to resolve the plaintiff’s claim for the total sum of $________.

To read the full article, please login to your account or purchase

5 ways to win with JVRA

JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:

  1. Determine if a case is winnable and recovery amounts.
  2. Determine reasonable demand for a case early on.
  3. Support a settlement demand by establishing precedent.
  4. Research trial strategies, tactics and arguments.
  5. Defeat or support post-trial motions through past case histories.

Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.