Woman fell while getting mammogram – $395,000 Settlement

On Nov. 1, 2016, Doe presented at Moe Imaging Center for a mammogram. Doe, age 90, presented with her walker. Although unknown to Moe Imaging Center, Doe had suffered some prior falls and needed the walker for ambulation and balance. During the procedure Doe was holding onto her walker and claims that the technician told her to take a step back. Doe attempted to step back at the direction of the technician but fell backwards onto the floor. The technician claims that she released the pressure of the mammogram machine and that Doe suddenly jerked backward falling down. The technician denied that she told Doe to step back. Doe alleged that she sustained fractures to her lower back and pelvis as a result of the fall. The total medicals including admission to an assisted care facility totaled $142,000. The defense contested the facts of the accident, and the need for assisted care, claiming that she would have the need for assisted care regardless of the accident injuries. On June 26, 2018, the parties settled the case on a confidential basis by mediation prior to trial for $395,000.

Type of action: Medical Malpractice

Injuries alleged: Fractured pelvis and low back

Name of case: Confidential

Court: Confidential

Case no.: Confidential

Name of judge or mediator: Confidential

Date resolved: June 26, 2018

Special damages: $142,000

Verdict or settlement: Settlement

Amount: $395,000

Attorneys for plaintiff: Carlton F. Bennett, Virginia Beach

Attorneys for defendant: Confidential

Plaintiff’s experts: Confidential

Defendant’s experts: Confidential

Insurance carrier: Confidential