Veteran and spouse accuse United States of delayed cancer diagnosis at VA medical center

Statesville Federal Courthouse
Statesville Federal Courthouse
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A North Carolina couple claims that failures by federal medical staff to communicate critical test results led to the progression of cancer and other serious health problems, according to a complaint filed in federal court. The lawsuit was brought by Joseph Adonis Lewis and Cherri Lewis on April 1, 2026, in the United States District Court for the Western District of North Carolina against the United States of America.

The plaintiffs allege that employees at the Salisbury Veterans Administration Medical Center did not inform Joseph Lewis about concerning findings from a CT scan performed in November 2022. According to the complaint, this failure resulted in delayed referrals, diagnostic workup, and treatment for both renal malignancy and lymphoproliferative disease.

According to court documents, Joseph Lewis first visited his primary care provider at the W.G. (Bill) Hefner Salisbury VA Medical Center/South Charlotte Clinic on November 7, 2022, with gastrointestinal complaints and low back pain. A CT scan performed on November 16, 2022 identified a kidney lesion and enlarged lymph nodes described as “most concerning for a lymphoproliferative disorder.” The radiology report recommended hematology/oncology consultation as well as follow-up imaging.

The complaint states that while these findings were communicated internally between Dr. Sido and Dr. Swift via encrypted email on November 16, 2022, Mr. Lewis was not informed of the results or their implications. Plaintiffs allege he was not referred to specialists or given appropriate diagnostic workup or monitoring at that time.

Over subsequent months and years, Mr. Lewis reportedly continued to experience symptoms including vomiting, diarrhea, fatigue, and significant weight loss. By May 2025, records indicated substantial weight loss and progressive fatigue had been documented by VA providers. Despite ongoing symptoms from July through October 2024—including recurrent vomiting and severe weight loss—the abnormal CT findings from 2022 were allegedly not acted upon.

On May 20, 2025, after returning from Belize with acute nausea and other symptoms, Mr. Lewis underwent another CT scan at the Salisbury VA Emergency Department. This scan showed an enlarging right upper-pole renal mass—now measuring 2.8 cm compared to 1.4 cm in 2022—and persistent lymphadenopathy suggestive of lymphoma or related disease.

The complaint asserts that only in May 2025 was Mr. Lewis informed for the first time about masses identified more than two years earlier on imaging studies. Subsequent MRI and PET/CT scans confirmed suspicious findings for renal cell carcinoma as well as widespread hypermetabolic lymphadenopathy consistent with B-cell lymphoma.

Plaintiffs argue that if the original November 16, 2022 findings had been disclosed promptly and acted upon appropriately—as recommended—Mr. Lewis would have received earlier referrals to oncology and urology specialists along with timely diagnostic workup and treatment planning for both conditions.

They further allege that this delay of approximately thirty months allowed disease progression which caused additional physical injury, worsened prognosis, increased treatment burden, pain and suffering, emotional distress, as well as other damages.

The legal filing details duties owed by Department of Veterans Affairs personnel—including reviewing abnormal imaging results; timely communication with patients; making specialty referrals; arranging follow-up testing; documenting disclosures; coordinating care among departments; and preventing dangerous delays in diagnosis or treatment—and alleges these duties were breached through negligence or administrative oversight.

Specifically cited breaches include failing to disclose critical CT findings; failing to inform Mr. Lewis about potential malignancy risks; failing to refer him promptly for specialist evaluation; failing to order necessary follow-up tests; failing to monitor known abnormalities; failing to investigate ongoing symptoms in light of previous imaging results; failing to coordinate care after receiving radiology communications; delaying diagnosis of kidney cancer and lymphoma; among others.

The plaintiffs seek compensatory damages for physical injuries suffered by Joseph Adonis Lewis—including delayed diagnoses leading to disease progression—as well as damages for pain and suffering, emotional distress, inconvenience, impairment, past and future medical expenses, loss of enjoyment of life, plus all other recoverable losses under law.

Cherri Lewis brings an additional claim for loss of consortium due to her husband’s injuries—citing loss of companionship, society, affection, services assistance comfort—and seeks damages consistent with those stated in their administrative claim under applicable law.

The suit requests judgment against the United States in amounts determined by trial within limits set forth under the Federal Tort Claims Act (FTCA), costs associated with bringing action before the court,”and such other relief as the Court deems just and proper.” The plaintiffs are represented by attorney Chad A. McGowan of McGowan Hood Felder & Phillips LLC (1539 Healthcare Drive Rock Hill South Carolina). The case is identified as Case No.: 3:26-cv-00264.

Source: 326cv00264_Lewis_v_United_States_of_America_Complaint_Western_District_North_Carolina.pdf



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