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Pre-trial settlement is $500,000 for
testicular cancer case
Trial Lawyers Report, 2006
Failure to properly diagnose and treat testicular cancer
The plaintiffs’ decedent was a nineteen year-old
boy who, as a result of the defendants’ negligence, suffered a significant
delay in the diagnosis of his testicular cancer allowing his cancer to
spread to his liver and abdomen, resulting in his tragic, untimely and
preventable death.
The plaintiffs’ decedent went to his internist
on 3/3/99 with complaints of a lump under his left nipple. The defendant
noted the decedent was taking Trazadone for depression and planned to
check if breast enlargement was a side-effect of the medication. The plaintiffs’
expert was prepared to testify that unilateral breast enlargement is a
known symptom of testicular cancer.
At no point did the defendant ever perform a testicular
examination or set up a testicular ultrasound. On 3/17/99, the second
defendant wrote an entry in the decedent’s medical record stating
that the decedent’s psychiatrist felt that the breast lump was unrelated
to Trazadone. Despite this information, the second defendant indicated
to the plaintiffs’ decedent that his symptoms were a common adolescent
finding. There is no indication in the medical record that the second
defendant made plans to perform a testicular examination and a testicular
ultrasound after having determined that the gynecomastia (abnormal enlargement
of the breasts in a male) was unrelated to the Trazadone. On 10/5/99,
the decedent returned with complaints of abdominal plain, constipation
and vomiting. The second defendant performed both an abdominal examination
and a testicular examination, noting tenderness of the abdomen but he
stated in his records that there were no masses. The decedent returned
to the defendant’s office two days later, a third doctor noted the
decedent as having gynecomastia, as well as a large ten to twelve centimeter
mass in the left upper quadrant of the decedent’s abdomen and a “rock
hard” left testicle measuring eight to ten centimeters. Further diagnostic
tests revealed that the decedent had very advanced testicular cancer which
had spread into his liver and abdomen. Following several courses of treatment,
the decedent died on October 5, 2000.
The plaintiffs’ experts were prepared to testify
that the accepted standard of care in 1999 required the average physician
to perform a testicular examination and/or testicular ultrasound to rule
out a testicular abnormality when a post-pubescent male presented with
unilateral gynecomastia. The plaintiffs’ experts were further expected
to testify that the plaintiffs’ decedent would have more likely than
not survived his testicular cancer had he been diagnosed back in March.
The defendants’ experts were expected to testify
that breast enlargement is an extremely rare symptom of testicular cancer,
and that the standard of care in 1999 did not require a testicular ultrasound
in this case. They were also expected to testify that the decedent’s
cancer was so rare and aggressive that even if he had been diagnosed on
3/3/99, his death would not have been preventable.
The case was settled for $500,000 prior to trial.
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