Professional Negligence Law Reporter

Doe, 21, experienced right testicle pain after riding a mechanical bull while on vacation. He returned home and went to his local hospital emergency room complaining of persistent pain. An ultrasound revealed a hematoma or neoplasm, and Doe was referred to a urologist, who allegedly told him that he likely had a hematoma and that it would take a long time to heal.

The following month, Doe went to a family physician, complaining of swelling in his right breast. Doe told the physician about his testicle injury weeks earlier and said that his condition had improved. Doe’s testicle pain and swelling persisted after this appointment, and he again consulted the family physician, who ordered an ultrasound, performed a testicle exam, and referred Doe to a urologist. Before Doe was able to meet with the specialist, however, he experienced severe pain and went to a hospital emergency room. The urologist who saw Doe that day scheduled him for surgery to treat testicle trauma.

The pathology report from the surgery, performed by another urologist, indicated that Doe had aggressive testicular cancer. Although the report was entered into Doe’s electronic record, the pathologist failed to call Doe’s treating surgeon directly. Additionally, a hospital employee’s fax transmission of the pathology report to the surgeon’s office failed.

Doe also did not learn of his cancer diagnosis at a postoperative visit with the first urologist. Six months later, a CT scan revealed masses on his abdomen, chest, and liver. Doe, who underwent surgery and developed pneumonia, now has a 48% chance of survival.

Doe claimed presuit that the urologists failed to timely diagnose his cancer. He sued the pathologist, a medical group, the hospital, and a temporary placement agency, alleging failure to properly report his pathology results.

The plaintiff and the defendants reached a settlement for a total of $5.25 million.

Citation: Doe v. Roe, Confidential Dkt. No. (Mass. Confidential Ct. 2020).

Plaintiff counsel: AAJ member Annette Gonthier-Kiely and Andrew McCracken, both of Salem, Mass.