An Augusta County woman has filed a $5.5 million lawsuit against a Central Virginia radiologist and UVA School of Medicine professor alleging he carried out what the suit terms to have been, in effect, a “non-standard third round of radiation” for breast cancer that left her with several rib fractures, radiation-induced scarring, chest wall deformity, and will require lifelong pain management.
The plaintiff, who wishes to remain anonymous, reached out to us through a third party; I’ve independently verified her identity through court records.
Because the claim involves an allegation that the complainant is a victim of medical battery, we’ve agreed to maintain her anonymity in our reporting at this stage of the case.
The radiologist named in the suit is Dr. Anthony J. Crimaldi, who was practicing at Sentara Martha Jefferson Hospital in Charlottesville during his interactions with the plaintiff in the case, in 2024, and is now employed as a radiation oncologist at the UVA Medical Center and UVA Culpeper Medical Center, and is an associate professor of radiation oncology at the University of Virginia School of Medicine.
Per the complaint, which was filed in Augusta County Circuit Court on March 6, the plaintiff was first treated for breast cancer in 2015-2016, undergoing two full courses of treatment in the process.
Upon the finding of a new breast cancer in 2024, the plaintiff underwent a lumpectomy and a second surgery over a two-week period in February and March that left a large cavity hematoma and damaged tissue in a breast that had already received full-dose radiation years earlier.
During a consultation with Dr. Crimaldi before the first surgery in February 2024, the suit alleges, Crimaldi noted her prior bilateral radiation, and recommended a “standard” course of treatment – a second full course of radiation – that, the suit alleges, the doctor viewed as carrying a risk of long-term side effects as “less than 1%” in his notes.
Per the suit, medical literature on breast cancer treatment places the risk of severe complication from breast re-irradiation between 10 percent and 40 percent, with the risks including rib fractures, spinal damage and lifelong nerve pain.
“Had Plaintiff been truthfully informed of the high probability of severe, permanent injury, she would not have consented under any circumstances.”
The treatment resulted in the plaintiff suffering six rib fractures that the suit alleges were diagnosed as radiation osteitis from over-radiation and subpleural radiation fibrosis in the right lung, and documented constant nerve pain that will result in the need for lifelong pain management treatment.
I reached out to Dr. Crimaldi for comment on the suit, and received this response from Sean P. Byrne, the managing partner at Byrne Canaan Law, a Richmond-based firm:
“Thank you for reaching out to Dr. Crimaldi via UVA. I represent Dr. Anthony Crimaldi in this matter. We have not seen the lawsuit you referenced. To the extent one has been filed or is forthcoming, we will address it through the appropriate legal channels. HIPAA prohibits Dr. Crimaldi from commenting on or disclosing any patient-specific information, so he is not in a position to respond in detail to the allegations you have described. What I can tell you is that Dr. Crimaldi stands firmly behind the quality of care he has provided to this patient, as he does for every patient he has had the privilege of treating throughout his career. If litigation is pursued, we will defend it vigorously and trust that the process will produce a just result. We would also ask that you and your publication take care to ensure that any reporting on this matter is accurate and fair. Dr. Crimaldi’s reputation matters deeply to him and to the patients he serves, and Virginia law provides meaningful protections against the publication of false statements of fact. Thank you and please direct any further inquiries to me.”
I will note here that, upon receiving this response from Mr. Byrne, I emailed him a copy of the suit, since he wrote in his reply on behalf of Dr. Crimaldi that he had “not seen the lawsuit” referenced in my request for comment.
One more note: the suit filed in Augusta County last week is the third attempt from the plaintiff to resolve the matter involving her treatment.
Per information included in her court filing, she filed a formal grievance with the Anthem Healthkeepers’ Medicare Complaints, Appeals and Grievances department last July, and in January, she sent Crimaldi and co-defendant Central Virginia Radiation Oncologists detailed settlement analysis and a formal offer to settle for $2.6 million that was rejected.
Editor’s note: The name of the plaintiff has been removed in our linked copy of the lawsuit.
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Chris Graham
