Patient lost consciousness following mammogram — Defense verdict

Type of action: Medical malpractice

Injuries alleged: Traumatic brain injury

Court: Newport News Circuit Court

Tried before: Judge

Name of judge or mediator: Judge Gary Mills

Date resolved: 6/30/2022

Demand: $10,000,000

Verdict or settlement: Verdict

Amount: $0 (defense)

Attorneys for defendant (and city): Rodney Dillman and Julie Mayer, Virginia Beach

Description of case: The plaintiff was 51 years old when she moved from Montana to Williamsburg, due to her fiancé becoming employed at the Newport News shipyard. The patient made arrangements to have a mammogram performed at the defendant’s imaging center. The mammogram occurred on May 10, 2019.

The plaintiff testified at trial that almost immediately after the commencement of the mammogram, she felt extreme pain and yelled out. She claimed that she told the mammographer (an employee of the defendant) that the pain was “excruciating,” and that the pain was worse than having skin cancer removed. The plaintiff testified that she told the defendant during the mammogram that she felt hot and sweaty and did not feel right. The plaintiff claims that the defendant made no response and essentially ignored her complaints to move the mammogram along. The mammographer testified that she would never have continued with the mammogram in light of a patient making such complaints.

There was no dispute that after the final image of the mammogram, the plaintiff suffered from vasovagal syncope, lost consciousness and struck the back of her head on the concrete floor. A doctor and EMS were called, and the plaintiff was taken to a hospital.

The plaintiff received treatment for a concussion at an area emergency department. She had post-concussive symptoms including vision problems, trouble concentrating, personality changes, mood swings and concentration problems. She testified at trial to the extensive physical therapy and eye therapy she has had to undergo because of her brain injury, and her treating neuro-optometrist testified to the injuries and permanency of her deficits.

After a four-day trial, the jury deliberated for approximately two hours, and returned a verdict in favor of the defendant.

Julie Mayer, defendant’s counsel, provided case information. [022-T-105]