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Case Style: Family and Estate of Eleanor Browder v. Dr. Donna Gamache
Judge: David H. Beck
Court: Spotsylvania County, Virginia
Plaintiff's Attorney: Bill Artz, William E. Artz, P.C., Arlington, Virginia
Defendant's Attorney: Jill Jacobson, Richmond, Virginia
Description: Family and Estate of Eleanor Browder sued Dr. Donna Gamache on a medical negligence (medical malpractice) theory claiming that Eleanor was denied the change of surviving breast cancer after fining a lump in her breast in 2003 as a direct result of Dr. Gamache's substandard care. Mrs. Browder, a registered nurse, died of breast cancer in 2008.
After finding the lump, Browder sought treatment from Gamache at Lee's Hill Medical Associates. Mary Nichols, a nurse practitioner there, ordered a mammogram of the right breast. The test was negative. The results were delivered to Gamache who asked for the chart which was never delivered and no further examination or treatment was ordered. The lump in Browder's breast was eventually diagnosed but treatment was ineffective and she eventually died from the cancer that went undiagnosed by Camache.
Plaintiffs claimed that the mammogram results were delivered to Gamache's mailbox at Mary Washington Hospital. Gamache examined them and wrote at the top, "Need chart. Plaintiffs claimed that the failure to followup was below the standard of care and denied Mrs. Browder the change of surviving her illness. They asserted that Gamache should have ordered additional tests, such as an ultrasound and biopsy
Mrs. Browder's husband and children sought damages for the wrongful death of his wife.
The defenses asserted by Camache are not available.
Outcome: Plaintiffs' verdict for $7.5 million.