By: Jeffrey Lapin of Lapin Law Offices
Jurors (6 men and 6 women) took less than 2 hours to decide that there was no medical negligence following a penile implant procedure that the plaintiff alleged left him with an erection that lasted eight months.
Defense basically argued that the man should have reported problems sooner than 4 months following the surgery and that he, when given the option, did not have the implant removed sooner.
Plaintiff argued he could not afford to have it removed.
The jurors refused to comment about their verdict.
Sources:
- USA Today: Jury rules no negligence in eight-month erection case
- Photo: Daniel Sato, The (Wilmington, Del.) News Journal
It would be interesting to know why the jury decided the way it did as the implant tubing did eventually puncture the man's skin, which would seemingly indicate there was a problem with either the implant or the surgery.
My guess would be the man's delay in reporting problems. This is a common problem in personal injury cases when a a person believes things will just get better and do not seek medical attention. Jurors often hold the fact that an injured person tried to "tough it out" against them.
No comments:
Post a Comment