December 21, 2022
Mark Hammond and Nick Davis obtained summary judgment on behalf of a Louisville, KY urologist accused of negligently performing an orchiectomy. Plaintiff’s expert opined that it was negligent to remove the testicle after development of a post-vasectomy infection. Hammond and Davis submitted to the court that a pathologist confirmed the urologist’s recognition of testicular infection. Performance of the orchiectomy was also supported by a doppler finding that recognized no blood flow within the testicle. A failure to perform the orchiectomy could have resulted in the infection spreading to Plaintiff’s scrotum, abdomen, penis, and/or other testicle, and could have resulted in death. The court granted summary judgment based upon the critical admission in the deposition of Plaintiff expert that he would defer to the pathologist’s opinion in regard to infection.