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LEGAL NEWSLINE

Saturday, June 29, 2024

Lab sued over genetics test that convinced twin sister she wouldn't get breast cancer

State Court
Genes

BOSTON (Legal Newsline) -- A Washington woman is suing a genetics lab in Massachusetts for the incorrect testing results of her twin sister.

Svea and Michael Pitts recently filed a complaint in the Suffolk Superior Court against Myriad Genetics, Inc. for general negligence, negligent infliction of emotional distress, breach of contract and breach of warranty. 

According to the complaint, Svea Pitts had a maternal family history of breast and ovarian cancer. In 2004, Svea Pitts’ mother, Silke Wolker Petersen, underwent BRCA-1 testing, which established she carried the gene mutation and was at a higher risk of developing cancer. 

In either 2004 or 2005, Svea's twin sister was informed that she did not have the BRCA-1 gene mutation according to testing performed at Myriad Genetics. Svea Pitts, as the identical twin sister of Silke Petersen Constant, reasonably relied upon the test results and, believing she did not have the BRCA-1 gene mutation, did not undergo any prophylactic surgeries to prevent the development of breast or ovarian cancer. 

In December of 2020, Svea Pitts was diagnosed with aggressive breast cancer. BRCA-1 testing has established that Svea Pitts does in fact carry the gene mutation. Testing performed in December 2020, through Myriad Genetics has shown that Svea Pitts is positive for the BRCA-1 gene mutation. 

Twin sister Silke Petersen Constant underwent a repeat BRCA-1 testing. The blood sample from March 2021 was analyzed by Myriad Genetics, Inc., and the results demonstrate Silke Petersen Constant is BRCA-1 positive, the suit says. Svea Pitts alleges that it was the mistake of Myriad Genetics first testing of her sister that showed they did not have the genetic mutation which caused her to not also get tested 

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