Defense Verdict in an Inflammatory Breast Cancer Death Case

Senior partner, Bruce G. Habian, obtained a defense verdict in Kings County in a matter where plaintiff claimed a significant delay in diagnosis of a breast lesion. Infection mastitis was definitely present in the breast before an inflammatory lesion superseded. The plaintiff’s position that the tumor began as a less lethal form of cancer and then evolved into inflammatory malignancy was rejected by the jury as a result of the defense expert breast pathologist’s testimony. Histological samples outlining the cellular characteristics of the original tumor were produced for the jury, and described as incapable of any cure.