Indiana Jury Awards $50K to Woman in Medical Malpractice Case for Failure to Diagnose Breast Cancer

Papacek v. Anderson, et al

Case Overview

Michelle Papacek filed a medical malpractice lawsuit against two radiologists over their alleged failure to diagnose breast cancer. The lawsuit was filed in the Indiana Superior Court, Hamilton County. Judge William J. Hughes presided over this lawsuit. [Case number: 29D03-2212-CT-9807]

Cause

On August 24, 2018, Michelle Papacek, 42, underwent her annual mammogram screening. Dr. Thomas Hagman, a radiologist with Northwest Radiology Network in Indianapolis, reviewed the results and found no signs of malignancy, offering no recommendations for further testing. Nearly a year later, on July 26, 2019, Papacek returned for another mammogram. Dr. Caryn Anderson, another radiologist employed by Northwest Radiology Network, also found no abnormalities or signs of malignancy and did not suggest additional evaluation.

However, on October 15, 2019, Papacek visited her gynecologist to report a lump in her left breast. The staff confirmed its presence and referred her to a hematologist/oncologist. Two weeks later, on October 30, 2019, the oncologist diagnosed her with invasive ductal carcinoma in her left breast, which had spread to her lymph nodes. This led to Papacek starting chemotherapy on November 13, 2019.

The chemotherapy caused severe side effects, and five months later, on April 21, 2020, she underwent a double mastectomy followed by radiation treatments.

Papacek filed a complaint with a medical review panel, accusing Dr. Hagman and Dr. Anderson of failing to diagnose her breast cancer. The panel, consisting of Dr. Janushi Dalal, Dr. Carlos Vieira, and Dr. Melissa Bosma, issued a mixed opinion. Dr. Dalal found no breach of care by Dr. Hagman but agreed that Dr. Anderson had breached the standard of care. Drs. Vieira and Bosma believed both doctors had failed to meet the standard. However, all three panel members concluded they could not determine whether these breaches had contributed to Papacek’s damages.

Damages

The plaintiffs sought damages for the injuries and losses incurred due to the defendant’s failure to diagnose Michelle's breast cancer.

Jury Verdict

The case was tried over five days in Noblesville. On August 30, 2024, the jury issued a mixed verdict, ruling in favor of the plaintiffs against Dr. Anderson and Northwest Radiology Network. Michelle Papacek was awarded $50,000 in damages. However, the jury dismissed Jason Papacek’s consortium claim, awarding him no damages. Additionally, the jury found in favor of Dr. Hagman, delivering a defense verdict. The court entered judgment based on the verdict, which has since been satisfied.