PENSACOLA
Breast cancer patient gets $5 million settlement from Baptist Health
Tom McLaughlinPensacola News Journal
Updated July 6, 2026, 11:27 a.m. CT
- Deborah Higgs knew early on in life that she was at risk for breast cancer, having dealt at age 23 with serious warning signs
- A radiologist with Radiology Associates of Pensacola, working with Baptist Medical, misdiagnosed diagnostic imaging data and a lump on Higgs’ breast was later diagnosed as terminal Stage 4 cancer
- A court settlement resulted in Higgs reaching a $7 million settlement with Baptist and Acumen Medical Imaging and Interventional
(Editors note: The headline was updated to reflect Baptist Health settled for $5 million. As the story states, Baptist settled for $5 million, while Acumen Medical Imaging and Interventional settled their portion of the lawsuit for $2 million.)
Deborah Higgs knew early on in life that she was at risk for breast cancer, having dealt at the tender age of 23 with calcification, typically benign calcium deposits that can serve as an early danger sign
“That made me hyper-alert to my breast care,” the Pensacola resident said
Her vigilance resulted in regular check ups, occasional biopsies, and, when she found a lump in February 2022, a visit to Baptist Medical Park on Nine Mile Road for diagnostic care
And that was where she said her nightmare began
According to court records, Dr. Henry Lusane, a radiologist employed by Radiology Associates of Pensacola, gave her the all-clear after interpreting, without an in-person visit, that a diagnostic mammogram and ultrasound indicated “that nothing was wrong.”
“Baptist then sent a letter to Mrs. Higgs telling her that her results were normal,” a news release sent out in early June on behalf of Jonathan Freidin and the law firm of Freidin Brown said
“So there was an eight-month delay in her treatment for cancer,” Freidin said in an interview with the Pensacola News Journal
Higgs now lives with a diagnosis of terminal Stage 4 breast cancer
“I was in complete disbelief. I guess you could call it denial,” Higgs said of learning the news. “I had been very conscious of my breast health. I was just shocked. It didn’t make sense to me. And I was actually quite angry to hear that. It felt wrong.”
She determined her only recourse was to take the doctor and the hospital to court
“The only way I could have a voice in the legal arena was to sue,” she said
Following a prolonged battle with the radiology group for whom Lusane worked and Baptist Medical Center, Higgs obtained a settlement of $7 million, with $5 million being paid by Baptist Health Care and $2 million coming from Acumen Medical Imaging and Interventional, the doctors’ group for which Lusane works
A primary battle that had to be fought in the civil case filed by Higgs centered on holding Baptist responsible for the negligence of the doctors working beneath its umbrella
Baptist Medical Center counsel claimed that Baptist bore no responsibility for the failings of Lusane or Acumen. While Acumen also denied being liable for the missed diagnosis, Baptist argued the doctors’ group is an independent contractor and as such wholly responsible for the care it renders
They even presented documents signed by Higgs in which she consented to “expressly agree to discharge the liability of the hospital for services rendered by independent contractors,”
The attorney said that in his experience the waiver of any liability for patient care appears to be “unique to Baptist.”
Higgs said having the very medical facility that she had relied upon for her care try to deny responsibility when that care failed her was hard to swallow
“That was difficult to hear,” she said. “We look at hospitals as trustworthy, professional and experienced, focused on you as a patient’s well-being.”
In an initial complaint filed Dec. 18, 2023, Higgs’ attorneys argued the physicians in Lusane’s medical group were “acting within the scope of the hospital’s agency or employment relationship” and as such “Baptist Hospital is vicariously liable for negligence described herein.”
The hospital’s attorneys fought back in a motion for summary judgment that stated Higgs had “failed to establish record evidence to support claims for actual or apparent agency against the hospital for the actions and inactions of Dr. Lusane.”
In a May 2026 ruling denying the motion for summary judgment, Judge Jennifer Frydrychowicz listed elements of Higgs’ attorneys’ arguments she found compelling
The first was a document sent to Higgs after her original mammogram. The memo, which notified Higgs that no cancer had been found, was topped by Baptist letterhead. This, the judge said, indicated Baptist “controlled the manner Lusane’s interpretation was communicated.”
The document never disclosed that Lusane was the radiologist who had interpreted Higgs’ results, the judge found, along with the fact that Lusane “could not perform his job without the assistance of Baptist employees.”
Frydrychowicz said she would leave it up to a jury to determine the weight of both the documents relieving the hospital of liability Higgs had signed as well as the memorandum that had arrived at the patient’s home bearing the Baptist Health Care logo
The settlement agreement with Baptist was reached June 5, just minutes before opening arguments were scheduled to get underway, Freidin said. Acumen Medical Imaging and Interventional had already settled its case
“After years of ongoing dispute, all parties have agreed to a mutually acceptable resolution to avoid the distraction and expense of continued litigation,” Baptist said in a statement to the Pensacola News Journal. “The agreement does not represent an admission of guilt or liability. Our commitment to providing compassionate, high-quality care has been, and continues to be, at the heart of everything we do.”
The settlement allowed Higgs to get out from under the lengthy litigation and prevented years of appeals from continuing to drag the case onward
Also as part of the settlement, Baptist Hospital and Acumen Medical Imaging and Interventional agreed to change some policies moving forward
The radiology group has agreed to adopt a new policy stating that if a woman comes in with a lump on her breast and wants to speak to the radiologist who is determining whether the lump is cancerous or benign, she can request an audience, Freidin said. If the doctor is not immediately available, a consultation appointment will be scheduled
Baptist Health Care has agreed to provide documentation that Freidin said will “state something along the lines of, ‘Even though the results appear normal, you should follow up with your provider.'”
“She (Higgs) was never told the lump on her breast was still a concern, and she should take the next steps,” Freidin said. “Now they’re going to have to say, ‘Even though you got a normal read, it shouldn’t end the discussion.'”
Higgs said the concessions, more than the money she was awarded, send an important message to women
“I think we accomplished what we wanted to accomplish,” she said. “That hope of other women having a say in their health care was just so important. That was the victory for me.”
The case “brings attention to the human cost of cancer misdiagnosis and the importance of medical systems to respond timely and accurately to diagnostic imaging,” Freidin said in the Freidin Brown news release.
While as part of the settlement agreement Lusane declined to either admit or deny the allegations against him, the Florida Board of Medicine imposed a $6,500 fine against his medical license. He was also ordered to complete five hours of continuing medical education on breast imaging interpretation
E. Victoria Penny, an attorney for Penny Stevens Law in Tallahassee, provided a statement on behalf of Lusane prior to this story’s publication
“We were not afforded the opportunity to review the article prior to its publication to address any inaccuracies we felt may be contained in the article. Moreover, privacy laws prohibit us as healthcare providers from commenting on a patient’s private health information, which limits our ability to fully defend the statements made in the article,” it said. “The settlement was a compromise of a disputed claim and not an admission of fault, and plaintiffs acknowledged that in the terms of the settlement. The allegations remain allegations.”
Tom McLaughlin covers Santa Rosa County, environmental stories, development and investigative reporting. He has been reporting in Northwest Florida since 1998
