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Summary: Sure, it’s fun (and completely natural) to call our U.S. Senators “little pricks.” But in the end the penis pump belongs to the states.
Sometimes size matters. And sometimes the forum is more important.
A few days ago U.S. District Judge Arthur Schwab ruled that a case involving a penis pump was improperly moved to federal court.
It all started when Timothy Bowers purchased a “Beginner’s Penis Pump” in the spring of 2013. Bowers used the device repeatedly between February and March that year, but soon stopped due to bruising and broken blood vessels in his member. According to the complaint, his penis began to hurt and he noticed a bend in the shaft.
After a few weeks Bowers contacted medical personnel at the Veterans Administration. He saw his primary care physician at the VA on April 8, 2013. At the appointment he reported his penis was bent at a 40 degree angle and that he was no longer able to copulate with his wife. He also complained of urinary issues.
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Doctors prescribed a cream and a muscle pain pill. However, the symptoms did not subside within a month, and the curve in Bowers’ penis became more severe. In June 2013, a urologist ultimately diagnosed Bowers with Peyronie’s disease.
Bowers and his physicians pursued non-surgical treatment over the following months. Ultimately Bowers’ pain lessened but the curvature remained, making it difficult for him to urinate or have sex with his wife.
Bowers opted for surgery in December 2013. The surgeons extracted penile plaque and inserted a graft. While the pain was ameliorated and the curvature lessened, Bowers suffered nerve damage, making it difficult for him to achieve an erection. Bowers also claims the surgery resulted in a “substantial reduction” in his penis size. According to the complaint this has made penetration difficult for him.
Bowers and his attorneys allege he has suffered from anxiety and depression from the ordeal. He has sued for negligence, breach of warranty, and strict liability, claiming the pump did not come with the proper warnings. He also claims the pump was defectively engineered, manufactured, and marketed.
The injured man has filed suit in the Washington County Court of Common Pleas, blaming both the manufacturer of the pump (Diamond Products) and the seller (Adam and Eve Stores). The suit seeks $1 million in compensatory and punitive damages.
The plaintiff (Bowers) and one of the defendants (Adam and Eve Stores) have ganged up on co-defendant and manufacturer Diamond Products in recent months. Diamond unilaterally removed the case to federal court, claiming that Adam and Eve Stores was a nominal defendant and didn’t need to consent to the removal.
The federal court judge has disagreed with Diamond’s removal, concluding that Adam and Eve Stores was not a nominal defendant. “[Adam and Eve] is a real party in interest,” the judge stated. “As such, [Adam and Eve] had to consent to the removal of this action.”
The case has been remanded back to Washington County in Pennsylvanian. Under Pennsylvania law, the manufacturer of a defective item isn’t the only who can be liable; the seller is also on the hook.
Diamond Products is represented by Christopher Mavros of Zarwin Baum DeVito Kaplan Schaer Toddy. Adam and Eve Stores is represented by Timothy R. Smith of Pion, Nerone, Girman, Winslow & Smith. Bowers is represented by Keith O. Campbell.
Source: The Legal Intelligencer
Photo: penispumpguide.com
