Another Defense Verdict for Scott Schneider in Nassau County!

August 26, 2019

Congratulations to Scott Schneider, Esq. in joining in on the successful defense of our client, a large community hospital, and a co-defendant Radiologist in a failure to diagnose breast cancer case. The case involved a 53-year-old, married mother of four daughters and was tried over the course of two weeks in the Supreme Court, Nassau County.

The primary allegation in the case was that the Radiologist did not discern or appreciate a developing or evolving asymmetry to the breasts on routine annual breast screening studies in May, 2013 and May, 2014 and recommend a more precise study to determine if there was a malignancy. While the Radiologist did recommend follow up studies in six months, as opposed to a year, plaintiff eventually saw her breast surgeon in September, 2014, for what she palpated was an area of increased thickness. From there, plaintiff was sent for breast biopsy of the area and was diagnosed with cancer, requiring a mastectomy with reconstruction and chemotherapy. There has been no recurrence nearly five years removed from being diagnosed with the cancer.

The Jury found in the negative on the two departure questions of whether the Radiologist failed to diagnose a developing asymmetry on the 2013 and 2014 studies. In the end, it would appear that the defense counsel and their experts handled what would otherwise be considered a rather sympathetic case and won it on the merits regardless. Again, congratulations to Scott and all those involved along the way on a well-earned victory!

  • Attorney advertising. Prior successful results do not guarantee a similar outcome.