Southern Arizona Endodontics Dental Assistant General A1 Communications Cable Techs Health Care Sierra Tucson Eating Disorders Program Coordinator Trades/Construction RANCHO RESORT MAINTANANCE POSITION Tucson Region$20 million suit claims clinic missed breast cancerarizona daily star
Tucson, Arizona | Published: 01.14.2009
A Cochise County couple has filed a $20 million medical malpractice suit against the U.S. government stemming from what they claim was the failure of a federally funded clinic to diagnose breast cancer.
Dorothee Carlson of McNeal was diagnosed with breast cancer on Dec. 6, 2005, according to a complaint filed Tuesday in U.S. District Court.
That diagnosis came more than two years after Carlson, 54, discovered a lump in her breast and went to a nearby branch of the Chiricahua Community Health Center in Elfrida, said Linda Sherrill, a lawyer representing Dorothee and Victor Carlson.
"She was told it was nothing to worry about," Sherrill said of the lump.
Dorothee Carlson ended up needing a bilaterial mastectomy, Sherrill said.
The Carlsons originally filed suit against Chiricahua Community Health Centers Inc. in August 2007, but the case was moved to federal court in November 2007 after it was discovered the clinic had received federal funding and therefore was considered an entity of the federal government by the Federally Supported Health Care Centers Assistance Act.
That original suit was dismissed in November 2007 because the Carlsons had not filed an administrative claim with the U.S. Department of Health and Human Services.
Such a claim was filed by the Carlsons on Nov. 20, 2007, but no agreement could be reached between the couple and the federal government, Sherrill said.
That prompted the second federal civil suit to be filed, with the U.S. government named as the defendant.
Contact reporter Brian J. Pedersen at 573-4224 or bjp@azstarnet.com.
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