On Oct. 6, 2013, plaintiff Marcelo Franzetti, 49, a self-employed distributor of vending machines, presented to Placentia-Linda Hospital’s emergency department, in Placentia, with complaints of abdominal pain and vomiting. Kidney stones were suspected. A CT scan of the abdomen and pelvis confirmed the kidney stones but also demonstrated a lesion in the right kidney. The CT scan was interpreted by Dr. David Jackson, a teleradiologist, and formally interpreted by Dr. Thomas Lee, a radiologist, the next morning. However, no follow up or treatment was performed regarding the lesion. In August 2014, a carcinoma was recognized on Franzetti’s kidney. Franzetti sued the operator of the hospital, Placentia Linda Hospital Inc.; Jackson; Lee; the doctor who ordered the CT scan, Dr. Brian Doyle; and the doctor who delivered the paperwork/results to Franzetti and Franzetti’s wife with recommendations, Dr. Bryan Hoynak. The hospital, Hoynak and Doyle all got out of the case on unopposed motions for summary judgment. The matter continued against Jackson and Lee. Franzetti alleged that he was not informed about the lesion after the CT scan was performed on Oct. 6, 2013, which caused a delay in recognizing and treating a carcinoma. Specifically, Franzetti claimed that Jackson and Lee were negligent in their interpretation of the CT scan. The plaintiff’s radiology expert opined that both Lee and Jackson underappreciated the lesion and did not follow up properly with Franzetti. The plaintiff’s emergency medicine expert similarly testified about the lesion. Jackson and Lee contended that the CT scan was interpreted properly and that a follow up was recommended. The defense’s experts opined that Jackson and Lee’s interpretations and recommendations were proper and timely., Franzetti’s kidney carcinoma was recognized in August 2014. Treatment included a total resection of Franzetti’s kidney and subsequent oncologic care. He also participated in an “EVEREST” clinical trial at City of Hope, a cancer treatment and research center inDuarte. EVEREST stands for “EVErolimus for Renal Cancer Ensuing Surgical Therapy,” which is a clinical study to see whether treatment with everolimus after surgery for kidney cancer will increase the time without cancer returning. Franzetti’s treatments ended in late 2016. Franzetti claimed that during his treatment, he reduced his work and then stopped working for over a year. Thus, Franzetti sought recovery of $100,000 in lost earnings, over $50,000 in out-of-pocket medical costs, and $250,000 in general damages for his pain, suffering and inconvenience. Franzetti’s wife, Kristin Franzetti, who was 53 at the time of the CT scan, presented a derivative claim, seeking recovery of $250,000 in general damages for her loss of consortium.