MCB Senior Partner Sean F.X. Dugan and Partner Aryeh S. Klonsky recently obtained dismissal of all claims against our radiologist client and his radiology practice group in a case involving a failure to diagnose testicular cancer in a 19-year-old. Our client interpreted a May 2016 testicular sonogram ordered secondary to left-sided testicular pain and observed no evidence of intra or extratesticular mass or lesion with normal vascularity and no evidence of torsion.
Less than seven months later, the patient returned for another testicular sonogram and CT due to continued testicular pain and a palpable mass. Ultrasound and CT identified a large solid vascular mass highly suspicious for metastatic disease requiring surgical removal of the testicle. The plaintiff subsequently required multiple surgeries in the neck and chest secondary to metastatic disease.
MCB moved for summary judgment supported by the affirmation of a radiologist and urology-oncologist. Both doctors supported the interpretation of the 2016 testicular ultrasound and opined that defendants complied with the requisite standard of care when performing and interpreting the testicular ultrasound and that the ultrasound showed no signs of testicular cancer or any other abnormality and no further work-up was indicated.
In response to MCB’s motion, plaintiff agreed to voluntarily discontinue all claims against MCB’s clients.