A West Virginia man is suing the United States of America and several healthcare providers for allegedly failing to diagnose and treat his prostate cancer, leading to severe health consequences. Darwin James Fitch filed the complaint in the United States District Court for the Western District of Pennsylvania on July 17, 2024, naming the United States of America, Valor Healthcare, Dr. Sheela Dwivedi, Dr. Tatum Tarin, and University of Pittsburgh Physicians as defendants.
The lawsuit stems from a series of alleged medical oversights that began in the fall of 2022 when Fitch sought care at the Westmoreland County VA Clinic. According to the complaint, Dr. Sheela Dwivedi ordered routine blood tests that revealed Fitch's prostate-specific antigen (PSA) levels were alarmingly high at 58.072—far above the normal range of 0-4. Despite these results, Dr. Dwivedi referred Fitch to Dr. Tatum Tarin without taking further immediate action.
Dr. Tarin conducted a digital rectal examination on September 15, 2022, but did not find it suspicious for prostate cancer despite elevated PSA levels confirmed by subsequent tests showing a PSA level of 55.56. An MRI performed on October 20, 2022, revealed two lesions in Fitch's prostate that were highly likely to be clinically significant cancers. However, neither Dr. Tarin nor Dr. Dwivedi followed up with Fitch about these findings or initiated any further treatment.
Fitch continued to see Dr. Dwivedi in November and December of 2022 without any discussion or action regarding his alarming MRI results or elevated PSA levels. It wasn't until October 2023—after moving and establishing care with new medical providers—that Fitch learned his PSA had skyrocketed to 182.93 and that his cancer had metastasized.
The complaint accuses all defendants of negligence for failing to provide timely diagnosis and treatment, thereby increasing the risk that Fitch's cancer would metastasize and become more difficult to treat. As a result of this alleged negligence, Fitch has suffered metastatic prostate adenocarcinoma along with severe side effects from chemotherapy including sexual dysfunction, urinary dysfunction, weight loss, hair loss, fatigue, pain in his prostate and sexual organs, generalized pain and weakness, nausea, vomiting, decreased libido, dysuria (painful urination), hot flashes, headaches, impotence—and most devastatingly—a significantly reduced life expectancy.
Fitch is seeking judgment against each defendant in an amount exceeding $75,000 plus pre-judgment interest and attorney’s fees as well as other relief deemed necessary by the court.
Representing Fitch are attorneys Laura D. Phillips and Joseph R. Froetschel from Phillips Froetschel LLC based in Pittsburgh.
The case No: 2:24-cv-01031