Facts

On Feb. 24, 1998, plaintiff Aaron Krekorian, 16, came to Sutter Auburn Faith Hospital's emergency room, complaining about pain in his left groin, left flank and testicle. His mother brought information she had found on the internet about testicular torsion and asked the doctor, Stuart Campbell, to examine the plaintiff for this possible medical problem. Campbell examined plaintiff but did not see any swelling or abnormality in the testicle. He opined that the plaintiff was suffering from a kidney stone and wanted to perform an exploratory test for kidney stones. The plaintiff's mother declined the procedure as too costly. Campbell advised the plaintiff's mother to take the plaintiff to a general physician within a week. He instructed them to return to the emergency room if the symptoms worsened or if plaintiff experienced a fever or localized testicle pain. Campbell had the nurse administer morphine for the plaintiff's pain, and prescribed Vicodin, then discharged the plaintiff.

The plaintiff's mother scheduled an appointment with the family doctor on March 6. However, the plaintiff noticed his testicle was swollen and purple on February 25, and the following morning he went to the general practitioner. The general practitioner suspected testicular torsion and sent the plaintiff to see a urologist that same day. The urologist diagnosed either testicular torsion or epididymitis. The urologist prescribed antibiotics, which would treat the problem if the plaintiff had epididymitis. The urologist said if the plaintiff had testicular torsion, the damage was already done. The plaintiff indeed had testicular torsion, and on March 2, he underwent surgery to remove his left testicle.

The plaintiff brought suit against Doctor Campbell for negligent failure to diagnose and instruct.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant's instructions to him were based on a misdiagnosis. Because the defendant seemed certain the plaintiff had a kidney stone, the plaintiff was not adequately informed of the danger of testicular torsion, and therefore, the plaintiff alleged, the defendant was responsible for the loss of his testicle. Further, diagnostic evidence did not support the defendant’s conclusion. The plaintiff presented expert testimony that kidney stones are rarely found in teenagers, like the plaintiff, and that in most cases, a person with kidney stones will have blood in his urine, but plaintiff did not.

DEFENDANT'S CONTENTIONS:
The defendant denied liability and argued that he met the standard of care. He claimed that he adequately informed the plaintiff to return to the emergency room if the plaintiff's symptoms worsened. He said that the plaintiff's parents did not follow his instructions, which he suggested should render them liable for plaintiff's lost testicle.

Settlement Discussions

The plaintiff demanded $29,999 (C.C.P. Section 998). The defendant made an offer for a waiver of costs.

Damages

The plaintiff sought to recover for his pain and suffering associated with his disfigurement and humiliation resulting from the loss of his testicle.

Injuries

The torsion of the plaintiff's spermatic cord caused a strangulation of gonadal blood supply, with subsequent testicular necrosis and atrophy. His left testicle was surgically removed, and his right testicle had to be tacked to prevent it from suffering torsion as well.

Result

The jury found defendant 70 percent liable for failure to diagnose and instruct properly, and each of plaintiff's parents 15 percent responsible. The plaintiff was awarded $150,000, reduced due to his parent's liability to $105,000.

Other Information

The plaintiff also brought suit against Sutter Auburn Faith Hospital, but it was dismissed as a defendant five years before the trial.

Deliberation

three hours

Poll

9-3

Length

six days