Facts

John Doe, 52, was receiving treatment for prostate cancer, and underwent a CT scan of his kidneys, ureters, and bladder on March 28, 2014. The study was read as showing an indeterminate lesion in the inferior pole of the left kidney, which could represent a solid mass or a complicated cyst. The radiologist recommended additional evaluation to exclude neoplasm. The lesion measured 1.7 cm. No additional workup was undertaken.

Due to unrelated left low back pain, Doe underwent an MRI of his lumbar spine on Nov. 1, 2016. Noted was a mass in the left kidney measuring 3 cm x 3.1 cm. On Dec. 28, 2016, Doe underwent a laparoscopic-assisted robotic left partial nephrectomy. Pathology revealed a 3.4 cm clear cell renal cell carcinoma, Fuhrman Grade II. Serial CT scanning has revealed no evidence of recurrence.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that accepted standards of care required a workup of the lesion seen on the March 28, 2014 CT scan. That workup would have led to a diagnosis of renal cell carcinoma that was approximately 1.7 cm in size. The lesion could have been treated by way of ablation rather than partial nephrectomy. Further, Doe argued that there is an increased likelihood of recurrence due to the delay and consequent growth of the cancer. Plaintiff's experts estimated recurrence risk at approximately 15 percent.

DEFENDANT'S CONTENTIONS: It was admitted that the standard of care required a workup of the lesion seen on the March 28, 2014 CT scan. Roe argued that a partial nephrectomy likely would have been done had the diagnosis been made at that time. Roe further argued that the likelihood of recurrence, even with the delay, is de minimis.

Result

The parties settled for $150,000, which included a resolution of any potential wrongful death case.