Genetic Breast Cancer Test
The genetic breast cancer test, which is now the widely used genetic testing method to establish breast cancer risk, was recently reported to miss detecting certain mutations that could cause the disease. The test is intended to find mutations termed as BRCA1 and BRCA2 in the genetic make-up of a potential cancer patient. However, the University of Washington came out with a new study that revealed the test as having missed the identification of these mutations among an estimated 12 percent of patients that were found to have breast cancer. These patients came from families that have a history of breast or ovarian cancer cases. Experts advised women from families with similar backgrounds to take preventive measures, or go through more thorough testing if no mutation was found in their genes.
The study, which was published in the Journal of the American Medical Association, has caused concern among many patients considered as having a high risk of developing breast or ovarian cancer, but have possibly received negative results that were false. The study also served as additional pressure to the tests manufacturer to provide a more accurate testing method.
The Myriad Genetics Company, based in Salt Lake City, Utah, is the maker of the genetic breast cancer test. The company carries most of the patents for genetic testing, which makes it hard for a competitor with a superior test to break into the US market. The monopoly that Myriad has over this type of genetic testing, though, has caused widespread controversy, as there are a number of geneticists who believe that Myriad has inhibited development of better methods for testing breast cancer risk.
It is possible that you or a loved one is among those who received a false negative result when you took the genetic breast cancer test. If this is the case, it is best to contact a lawyer as soon as possible. You may be entitled to seek compensation if you developed breast cancer following a negative result from the genetic breast cancer test. Your lawyer will help you file a personal injury claim against the responsible parties. They will also be the one to represent you in bringing your case to the attention of the manufacturer of the genetic breast cancer test. If the company make an offer to settle your case, then it is your lawyer's role to advise you in your decision. If you don't believe the settlement offer is fair, your lawyer will prepare for the more lengthy court litigation, which may prove to be to your benefit, as he will work towards getting the maximum compensation for you. He will also seek for punitive damages for all the losses that you have incurred including medical costs, lost wages, and other damages that occurred because you delayed your treatment following the negative test result.
You don't have to worry about money when it comes to seeking this kind of legal assistance. There are many lawyers who extend the initial consultation for free and will work under a contingency basis. This means that your lawyer will not charge you for the services he rendered on your case until it has been won and your compensation received. A percentage of the total amount of your compensation is the usual attorney fee for this type of arrangement.
Also, be mindful to contact a lawyer as soon as you find out that you are afflicted with the cancer. This is because there are time limitations for the filing of personal injury claims. Usually a victim is given two years after the injuries are sustained to file a claim, but the laws vary by state. You deserve some peace of mind following something like this, and a lawyer can help you achieve that.
