Woman who underwent lumpectomy suing for incorrect diagnosis

GRETNA – A Jefferson Parish woman is suing a doctor and based at a California clinic for allegedly incorrectly diagnosing her with a precancerous condition for which she underwent an operation and ingested preventive medication.

Divina Dicristina filed suit against Clarient Inc. and Paul Kirschman M.D. in the 24th Judicial District Court on April 4.

Dicristina claims she was diagnosed by Kirschman with a precancerous breast condition in November 2011 who provided a lump removal procedure and later prescribed Herceptin to her.

The plaintiff alleges she became very ill and experienced severe and toxic side effects from the Herceptin treatment and decided to get a second opinion to see if there were any other treatment options. Dicristina asserts that she went to MD Anderson Cancer Center in Houston where she was told she was actually negative for the precancerous condition and that the defendant’s initial test results were incorrect.

The defendant is accused of failing to properly provide medical treatment.

An unspecified amount in damages is sought for physical pain and suffering, mental anguish, emotional distress, medical expenses, permanent disability, loss of earning capacity, miscellaneous expenses and loss of enjoyment of life.

Dicristina is represented by T. Carey Wicker III of New Orleans-based Capitelli & Wicker.

The case has been assigned to Division E Judge John J. Molaision Jr.

Case no. 725-554.