In early 2009, because of continued pain in the back, Mr. Sistaro was referred to another physician. Diagnostic studies at that time revealed Mr. Sistaro had a large mass lesion at T9 through T11 which had destroyed the vertebral bodies and was compressing the spinal cord. The lesion was confirmed to be a plasmacytoma. Plaintiff’s orthopedic surgery expert opined that the tumor was clearly visible on the August 29, 2007 x-rays that were read by Dr. Kane as normal. Plaintiff’s expert further opined that Dr. Kane should have performed thoracic rather than lumbar x-rays in January 2007 based upon plaintiff’s complaints and that x-rays should have been taken when Mr. Sistaro returned in April 2007. Mr. Sistaro underwent surgery involving extensive metallic fixation of the thoracic spine and requiring him to wear a clamshell brace for months. In addition, he underwent bone marrow transplant. Mr. Sistaro was left with a significant orthopedic disability preventing him from returning to his work as a landscaper.
Mr. Sistaro has been unable to return to work and has problems bending, lifting, and with other motions.
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