Woman sues over allegedly unneeded mastectomy

By Dan Harkins | Jul 27, 2015

A couple is suing over a double mastectomy the wife was allegedly made to endure unnecessarily.

Dayle and Don Stirn filed a complaint July 24 in Cook County Circuit Court against Dr. Wendy Marshall, the Center for Women's Health and Provena St. Joseph Hospital.

During a routine mammogram in November 2012, the lawsuit states, Dayle Stirn was informed about a mass in her left breast. She was referred to Marshall, who performed a lumpectomy on Dec. 28, 2012. She told the Stirns that she opted not to order a biopsy, the lawsuit states, "as her clinical observation of the suspicious tissue led her to conclude it was likely not cancerous."

In January 2013, she returned to Marshall and was told that the biopsy indeed proved that cancerous tissue was present, the lawsuit states, and that all the cancerous tissue hadn't been removed during the previous procedure.

So, on Marshall's recommendation, Stirn underwent a double mastectomy on Feb. 8, 2013, along with the removal of several axiliary lymph nodes. In late summer 2013, the lawsuit states, Stirn switched oncologists, who learned that the "biopsy report actually indicated that the margins were uninvolved by invasive carcinoma and all margins of resection were free of tumor by at least 1 centimeter and that a double mastectomy was not warranted."

As a result, Stirn suffered additional surgical procedures, permanent nerve damage, pain and suffering, disfigurement and medical expenses.

Dayle Stern seeks damages of more than $100,000, plus costs.

The plaintiff is represented by the Law Offices of Mark P. Loftus in Chicago.

Cook County Circuit Court case number 2015L007540.

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