Lab Mix-Up Leads to Double Mastectomy; Lawsuit Filed

By Daniel Hawn

Published on October 30, 2007

Darrie Eason, 35, is suing CBLPath medical lab in Rye Brook, New York, for a mistake that she says led to the removal of both her breasts.

Her lawsuit alleges that the lab mislabeled a pair of tissue samples, which resulted in her mistakenly being diagnosed with a form of breast cancer known as invasive lobular carcinoma.

Eason underwent surgery in May 2006 to have her breasts removed.

A state investigation determined that the lab mistake likely resulted from a technician engaging in a practice known as “batching,” in which multiple tissue samples are handled at the same time rather than individually. The report described this practice as a means of cutting corners.

Eason’s lawsuit seeks an unspecified amount of damages.

William Curtis, the lab’s chief executive, said he could not comment on Eason’s situation due to patient privacy laws. He said, however, that the technician responsible for the mishap and the doctor who made the cancer diagnosis are no longer with the company.

The lab issued a statement Oct. 3 in which it defended itself by noting that the state investigation turned up no systemic problems with the facility.

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