A Ballsy Move

Posted By Paulson Coletti Trial Attorneys PC || 23-Apr-2010

Here’s another case for the practically unbelievable files. A young Arizona man is suing University Physicians Healthcare because he claims his right testicle was unnecessarily removed. The story is Kenneth Irby went in for what he believed was going to be a routine biopsy on his right testicle. He asserts that the agreement with his doctor was that his right testicle would only be removed IF cancer were positively discovered.

Because his testicle was indeed removed, Irby believed it had been cancerous. At a follow-up appointment, however, he learned that the biopsy was negative and that he did not have cancer.

On the surface the case seems to be about miscommunication or possibly a medical error, but the story gets stranger, and it’s hard to tell what is what. It seems Irby’s testicular pain began with a drunk driving car accident in which he was involved in a rollover crash. He then went to the University Medical Center and began to experience pain.

An ultrasound was ordered, but Irby left the hospital before getting the results. He later received a call from the hospital informing him that the ultrasound turned up a mass, and he needed a biopsy. Irby is adamant that the doctor told him the testicle would only be removed with the confirmation of cancer, but the hospital records contradict this–they indicate Irby would undergo an excisional biopsy, a biopsy of the testicle after removal. Irby seems quite distraught over the removal of his testicle. He claims it has negatively affected his social life and his self-esteem.