Jury Awards $800,000 to Woman Who Underwent Radical Mastectomy on Faulty Diagnosis

By Daniel Hawn

Published on August 30, 2005

In December 1994, Byron, 85, received a mammogram on her right breast. The test revealed the presence of a suspicious lump. A few month later, she sought the care of Dr. James Gaston, a breast cancer surgeon in Manhattan, to undergo additional testing.

After performing a biopsy, Gaston recomended that Byron undergo a lumpectomy. However, in March 1995, just before Byron was scheduled to receive surgery, Gaston told her she needed radical mastectomy instead. Byron agreed to the procedure.

According to Byron's attorney, Jay Margolis, post-operation analyses revealed that there was no cancer in Byron's breast.

Gaston's attorney, Nancy Block, argued in court that Byron did suffer from cancer and that Gaston's efforts cured her of the disease.

The jury sided with Byron and awarded her $1.75 million. However, as part of a post-verdict settlement, Byron agreed to a lesser award of $800,000 in order to avoid appeals.

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