It took a Pima County jury less than 45 minutes to decide Tuesday a University of Medical Center doctor who removed a 23-year-old man's right testicle - only to later find out the man didn't have cancer - did nothing wrong.
Three years ago Tuesday, Kenneth "Ryan" Irby was involved in an alcohol-related car crash and taken to UMC. Two hours after he arrived, he told doctors he was experiencing testicular pain.
An ultrasound was performed, a mass was found and doctors told Irby he probably had cancer.
Irby testified he gave Dr. Jonathan Walker permission to perform a biopsy on the mass, but he could only remove the testicle if the biopsy proved positive for cancer.
When Irby woke up from the anesthesia May 4, 2007, his right testicle was gone and he assumed he had cancer. But during a follow-up visit a week later, Irby learned the biopsy was negative; the testicle had just been bruised.
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Irby's lawsuit against University Physicians Healthcare began last week in Pima County Superior Court.
A "shocked" Irby said after the verdict, "I respect the jury's decision, but it's just a real eye-opener to see what doctors will say and do to cover their own butt."
Jurors declined to discuss their decision.
Irby's attorneys, Louis Hollingsworth and Michael Kelly, tried to convince jurors the care received by Irby was substandard.
During closing arguments, Kelly told jurors Walker may have used the phrase "excisional biopsy" to describe what he was going to do when he should have used the word "orchiectomy,"
Irby only heard the word "biopsy," Kelly said, making his "informed" consent meaningless because he didn't understand his testicle was going to be removed before it was biopsied.
Experts who testified on Irby's behalf testified the phrase "excisional biopsy" was not the appropriate phrase to use, and Walker himself testified he will never again use the phrase, Kelly said.
Hollingsworth told jurors that although the defense attorneys argued Irby's ability to have sex and children should not have been impacted by the surgery, not everyone reacts the same to traumatic events.
One of the attorneys for UPH, Kathleen Rogers, told jurors they should base their verdict on the facts of the case, not sympathy.
She and fellow attorney Tom Slutes contended Irby knew there was a 5 percent chance the mass was benign. They also said he knew doctors couldn't perform a biopsy without removing the testicle for fear of spreading any cancer.
After the verdict, Rogers said, "We just felt the doctor made the right recommendation and the patient made the right decision."
Judge Paul Tang presided over the trial.
Contact reporter Kim Smith at 573-4241 or kimsmith@azstarnet.com
