$5.25 Million Settlement in Delayed Cancer Diagnosis, Failure to Report Pathology Results

Doe, 21, experienced right testicle pain. He went to his local hospital emergency room complaining of persistent pain. An ultrasound showed a hematoma or neoplasm. 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 practice doctor complaining of swelling in his right breast. Doe told the doctor about his testicle injury weeks earlier and said that his condition had improved. Doe’s testicle pain and swelling persisted after the appointment with the family practice physician. Doe again consulted the same doctor; he ordered an ultrasound and performed a testicle exam. Doe was referred to a urologist.

Before Doe was able to meet with the urologist, 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 that was done by another urologist showed that Doe had aggressive testicular cancer. Although the report was entered into Doe’s electronic medical record, the pathologist chose not to call Doe’s treating surgeon. Additionally, the 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 post-operative visit with the first urologist. Six months later, a CT scan revealed masses on his abdomen, chest and liver. Doe underwent surgery and developed pneumonia; he now has a 48% chance of survival.

Doe claimed that the pathologist did not timely diagnose his cancer. He sued the pathologist, medical group, the hospital, and a temporary placement agency, alleging failure to properly report his pathology results.

Doe and these defendants reached a settlement before trial that totaled $5.25 million.

The attorneys handling this case for Doe were Annette Gonthier-Kiely and Andrew McCracken.

Doe v. Roe, Confidential docket.

Kreisman Law Offices has been handling misdiagnosis of cancer lawsuits, physician negligence cases, hospital negligence lawsuits, and birth injury lawsuits for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Glenview, Lake Zurich, Buffalo Grove, Grayslake, Woodstock, St. Charles, Aurora, Carol Stream, Wood Dale, Bensenville, Elk Grove Village, Prospect Heights, Wheeling, Chicago (Belmont Heights, Logan Square, South Austin, Gold Coast, Old Town, Near West Side, McKinley Park, Douglas, Kenwood, Brighton Park, Jackson Park, Avalon Park, Chatham, Beverly), Oak Lawn, Evergreen Park, Hickory Hills, Justice, South Holland, and Willow Springs, Illinois.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.