Four women sue because of mammograms in Perry

Four women who have filed lawsuits in connection with allegedly falsified mammogram results at Perry Hospital share a similar story.

All reported to Perry Hospital for a routine screening, all received negative results and all went for months with undiagnosed breast cancer because their films were allegedly falsified as read by a radiologist when they were not.

Rachael Michelle Rapraeger, 31, of Macon, a former radiology technician for Perry Hospital, is accused of falsifying the reports as negative using an electronic signature of a radiologist, according to the lawsuits filed this year in Bibb County State Court.

The lawsuits also name Houston Healthcare Complex MSO Inc., Houston Healthcare Systems, Perry Hospital, Houston Hospitals Inc., the Hospital Authority of Houston County, Universal Radiology Consultants and Ali Shaikh, Staff Care Inc. and Dr. Paula Greenfield, an Atlanta radiologist, as defendants.

The lawsuits seek jury trials, monetary damages and recovery of legal fees and court costs.

Rapraeger was indicted by a Houston County grand jury Sept. 7, 2010, on 10 counts of felony computer forgery and 10 counts of misdemeanor reckless conduct. She is accused of entering negative results for 1,289 mammograms at Perry Hospital that were not read by a radiologist from Jan. 22, 2009, to April 1, 2010.

Of the 1,289, 10 of the mammograms entered as negative were actually positive, according to former Houston County prosecutors who originally took the case before a grand jury.

Rapraeger, who is free on a $50,000 bond pending trial, maintains her innocence, said Floyd Buford, a Macon attorney representing her on the criminal charges.

Similar stories

Miriam Mizell, 63, a retired program controller, wife, mother and grandmother who lives in Kathleen, is one of 10 victims named in the criminal case. She is also among the four women who filed lawsuits.

Mizell had received a negative result from a routine mammogram done at Perry Hospital on Feb. 12, 2009. As a result, a malignant tumor in her right breast went undiagnosed for the next 14 months, the lawsuit stated.

On April 12, 2010, Mizell was notified that she had been randomly selected to receive a free mammogram on new equipment, the lawsuit stated.

Mizell’s case was settled outside of court and, thus, dismissed, Bibb County State Court records show. Settlement details were not disclosed in the court file, and Mizell, who previously shared her story openly, declined to comment. Neal Graham, a Macon attorney representing her, declined to comment except to say that the settlement was to “the mutual satisfaction of all parties.”

The other three women’s lawsuits are still pending.

The most recent lawsuit was filed Oct. 24. The 48-year-old single mother, who is a custodian at a university, was not among the 10 included in the Houston County criminal case, said Christine M. Cruse, of Warner Robins, one of the attorneys representing the woman.

The woman had a routine mammogram Oct. 22, 2009, and received a negative result. A tumor in her right breast continued to grow undiagnosed for six months, the lawsuit states. She received a letter May 13, 2010, that the hospital wanted to speak to her about the 2009 results, and she was told there had been a breach in the quality control process, according to the lawsuit.

Another lawsuit was filed by a Houston County woman who was among the 10 women that the criminal indictment was based on. She also received a negative result on her routine screening Dec. 3, 2009. Her left breast had a malignant tumor, which continued to “rapidly grow and then metastasize undiagnosed for at least the next three months,” the lawsuit states.

The delay resulted in her having to undergo multiple surgical procedures and intensive chemotherapy and radiation therapy, the lawsuit states. Her medical bills have exceeded $293,000, while lost wages were estimated in the lawsuit at $30,000.

The fourth woman to file suit was also among the 10 women included in the criminal case. She received a negative result for a June 1, 2009, routine mammogram. The malignant tumor in her left breast continued to grow undiagnosed for at least the next 11 months, the lawsuit states.

Hospital response

Victor Moldovan, an Atlanta attorney who said he is serving as spokesman for the hospital entities named in the lawsuit, released a statement from Cary Martin, chief executive officer for Houston Healthcare System Inc.

“Several claims have been filed as a result of the unauthorized and inexplicable actions of Rachael Michelle Rapraeger, a former Perry Hospital employee,” Martin said in the statement. “Perry Hospital and the other entities that are part of the Houston Healthcare System take each claim seriously and are responding to each claim on its individual merits. We will not discuss any of those matters in light of the pending litigation.”

John K. Train, an Atlanta attorney representing Greenfield and Staff Care, said Greenfield was not on site at Perry Hospital on the dates named in the lawsuits for the mammograms in question, and Staff Care did not contract a radiologist at the hospital on any of those dates. Emmitte H. Griggs, a Macon attorney representing Universal Radiology and Ali Shaikh, could not be reached for comment.

Rapraeger does not have an attorney representing her on the civil cases, Buford said. She could not be reached for comment.

Criminal case pending

On the criminal case, Buford filed three motions early on.

One seeks to prohibit any reference to the medical conditions of the women impacted during trial. A second seeks a change in venue because of publicity about the case. The third seeks dismissal of the computer forgery charges because they are vague, ambiguous and fail to meet the elements needed to charge computer forgery, the motion states.

Hearings on the motions have been continued twice and are now on the January 2012 court calendar. The prosecution has not filed any response.

Houston County District Attorney George Hartwig declined to comment on the defense motions. Hartwig said he may re-indict the case but declined to elaborate. He said his office has been contacted by other women who might have been affected, and that information is being reviewed.

Rapraeger’s bond was modified Nov. 3 to no longer require electronic monitoring and house arrest.

To contact writer Becky Purser, call 256-9559.

This story was originally published November 14, 2011 at 12:00 AM with the headline "Four women sue because of mammograms in Perry."