Austin Scalf received the kidney back in 2008. But just two weeks after the transplant, a sonogram revealed a cyst about three inches long and a biopsy confirmed it was cancerous. The kidney was removed.
The surgeon, Dr. Christopher Barry, admitted seeing the cyst before the transplant but said he was not concerned about it being malignant.
Scalf is also suing UC San Diego Medical Center, claiming he was told the kidney came from a healthy donor.
It turns out the kidney came from a 52-year-old diabetic with high-blood pressure, who was a longtime smoker and marijuana user.
Scalf remains on dialysis. Neither Dr. Barry or UCSD is commenting.