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On Monday, a jury in Delaware, New Castle County, ruled that an urologist could not be held liable for negligence for a penile implant where the patient, a Delaware truck driver, suffered an eight month long erection.
The jury accepted the argument of the Doctor that the staff of a hospital, where the patient, Daniel Metzgar, went after suffering swelling, was unfamiliar with penile implants, and therefore the results of their tests, including images, did not prove negligence.
Daniel Metzgar, 44, of Newark Delaware had approached urologist Thomas Desperito in 2010 for a penile implant. However, from about four months after the procedure, he began to experience discomfort and swelling and went to a local hospital. According to Metzgar, he had desperately looked for Dr. Desperito before approaching the hospital for treatment.
At the trial, Metzgar told jurors of his suffering: “I could hardly dance, with an erection poking my partner … It’s not something you want to bring out at parties and show to friends.”
Metzgar stated in the lawsuit that his social life had been severely hampered due to the constant erection, and that his stepson had grown distant as he felt uncomfortable to bring friends over. Metzgar also stopped showing up at his stepson’s school and sporting events.
He testified at the trial about the situation and said, “I was – I’m sorry – highly embarrassed.”
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The device put in by Dr. Desperito was ultimately removed when Metzgar’s scrotum was punctured by the tubing. He received an implant from another doctor, and has been okay since then.
Dr. Desperito’s lawyer, Colleen Shields praised the decision of the jury and called it an “appropriate verdict,” while Metzgar’s lawyer Michael Heyden said “We’re stunned.”
