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Here’s What You Can Collect When A Surgeon Chops Off The Wrong Testicle

REUTERS/Carlos Garcia Rawlins

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Kevin Daley Supreme Court correspondent
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A Pennsylvania jury low balled Steven Haines when assessing the value of his left testicle.

Haines, 54, had a history of acute scrotal pain, and underwent an orchiectomy to remove his right testicle in 2013. The atrophied testicle was just half the size of its counterpart on the left.

The orchiectomy was successful but his surgeon, Dr. Valley Spencer Long, removed the wrong testicle.

Haines brought a medical malpractice lawsuit against Long and J.C. Blair Memorial Hospital. After less than two hours of deliberation, the jury awarded him $620,000 for pain and suffering and $250,000 in punitive damages.

In a post-op report, Long explained that the testicles effectively swapped positions during the surgery, but Haines’ lawyer, Braden Lepisto, insisted that, had Long tracked the spermatic cords in the testicles carefully, the error would never have occurred.

“If he had just tracked that spermatic cord up into the body, that would have told him which side he was on,” Lepisto told The Washington Post. “It’s just extremely unlikely because there are structures in the body that prevent the testicles from moving freely from one side to the other. There was just no evidence that those structures had been compromised.”

“This case, I understand why it kind of went viral just because of what is involved, but the reality is, it’s a condition that has affected my client significantly,” Lepisto added. “Although some people may see it as kind of laughing matter initially, the award was completely justified based on the evidence and the toll that it’s taken on Steve.”

Haines will need testosterone treatments for the rest of his life.

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