Breast cancer patient wins malpractice appeal

An appeals court recently upheld a multi-million dollar verdict in favor of an East Tennessee breast cancer patient.

But it's uncertain when, or if, she'll actually get the money.

When she was 35, Robin Farley got a baseline mammogram and a clean bill of health.

"Almost 3 years later I came up with an indentation. When I pulled my arm back there was an indentation, like a little sunken place, and I had never heard that it was a sign of cancer, but it is," she said.

A re-check of that first mammogram found it clearly showed cancer.

"Had it been caught then it would have been stage one, it would have been a lumpectomy."

Instead, it was Stage IV terminal cancer, spread to her liver. She's on her third round of chemotherapy at the University of Tennessee Medical Center Cancer Institute.

"I'm in the bonus period. I was given 18 months 5 years ago," Farley said. "I hope to be alive for many, many, many more years. I hope to see my grandkids' kids."

She sued Dr. James Rouse and the Oak Ridge Breast Center, and won.

Last year, a jury ruled 80 percent in her favor, assigning her 20 percent of responsibility for not getting a follow-up mammogram.

The defendants appealed, arguing their physician had met and even exceeded the standard of care. The defendants said they'd sent reminder letters for Farley to get a follow-up mammogram, despite no red flags coming to light from the previous one. The defendants also challenged Farley's witnesses.

Last week, the Court of Appeals ruled in Farley's favor. She won again, but she has not yet been awarded the money.

"The doctor admitted on the stand that he missed it, he was at fault, but yet they are still defending it," Farley said.

Their attorney says they will decide in the next two weeks whether to appeal to Tennessee's Supreme Court.

"Time is of the essence and there's nothing just about waiting 5 years," she said. "So now it's kind of like a game we play. But the game is with my life."

Robin Farley will continue to work at Barber McMurry Architects.

But she said she has plans for the $2,780,000 malpractice judgment. She wants to take her grandchildren to Disney World and help non-profit organizations.

"I want to be a great big philanthropist! And I would really like to travel and do a speaking circuit," she said.

She wants to spread her message that each day is a blessing.

"I'm a miracle and miracles happen every day. You have to have hope."