HUNTINGTON – An Ohio man says a testicle was improperly removed by surgeons with Marshall University’s medical school.
Franklin Hoke of South Point filed his complaint in federal court against the Marshall University Board of Governors.
According to the complaint, Hoke was 51 years old when he went to the emergency room at Cabell Huntington Hospital with a chief complaint of pain and swelling in his right testicular area. He said he had shown symptoms for two days before he went to the ER on June 3, 2019.
He was seen in the ER by Dr. Seth Adam DeAtley, who ordered lab testing and a scrotal ultrasound. Lab results showed an increased white blood count and elevated neutrophils. The ultrasound showed a “masslike area” in the upper testicle. DeAtley admitted Hoke and ordered a urology consult. Notations stated, “spoke with (urology) who plans on radical orchiectomy tomorrow.”
The complaint states that before the surgery, the urologist took no steps to rule out infection or alternative/differential causes of the pain and swelling.
On June 4, 2019, Hoke’s right testicle was removed and sent to pathology. The pathology was done by Mayo Clinic Laboratories. The report’s final diagnosis was “segmental testicular infarction … no evidence of neoplasm identified.”
“Based upon plaintiff’s presentation in the emergency department, as well as plaintiff’s laboratory results and ultrasound results, surgery was not indicated and it was clear that plaintiff did not have testicular cancer,” the complaint states. “Despite the clear clinical evidence indicating that plaintiff did not have testicular cancer, defendant’s urologist negligently, recklessly and willfully proceeded with the radical right orchiectomy and removed plaintiff’s right testicle without exploring conservative treatment methods and/or confirming a diagnosis of testicular cancer.”
Hoke says he was presented with only one option for treatment and was not fully aware of all alternative treatments or procedures that could have been done. He says the defendant also failed to obtain informed consent for performing the surgery.
Because of the defendant’s breach of the standard of care, Hoke says he was subjected to an unnecessary surgical procedure, wrongful removal of his right testicle, pain, suffering and future medical care and treatment.
Hoke seeks compensatory and punitive damages, as well as expenses, court costs, attorney fees, pre- and post-judgment interest.
In its answer, the Marshall BOG asks that the case be dismissed with prejudice.
Hoke is being represented by David L. Shuman and Bobby Warner of Warner Law Offices in Charleston. The Marshal Board of Governors is being represented by Michael Meadows of Campbell Woods in Huntington.
U.S. District Court for the Southern District of West Virginia case number 3:20-cv-00185
