Jury finds no negligence in trial over man's 8-month erection
By Myles Miller, Reuters
WILMINGTON, Del. - A jury on Monday cleared a doctor of negligence in a
lawsuit filed by a Delaware truck driver who underwent a penile implant
procedure and ended up with an erection that lasted eight months.
"We're stunned," attorney Michael Heyden said as he left the
New Castle County courthouse, where his client Daniel Metzgar, 44, of Newark,
Delaware, was suing urologist Thomas Desperito of Wilmington, Delaware.
In April 2010, four months after the procedure was performed, Metzgar
experienced swelling and went to a hospital, where he underwent testing. Before
going to the hospital, Metzgar had been unable to reach Dr. Desperito.
The doctor's lawyer argued that hospital staff who performed tests were
unfamiliar with penile implants and were not properly trained to do them.
Therefore, the results from the tests, including images showing swelling, did
not prove negligence.
Metzgar and his attorney during the one-week trial described the frequent
discomfort and daily embarrassment he experienced after the procedure -
including trouble riding a motorcycle, wearing normal clothes and joining
family social events.
"I could hardly dance, with an erection poking my partner,"
Metzgar told jurors at the start of the trial. "It's not something you
want to bring out at parties and show to friends."
Metzgar's stepson Alexander King, 18, described a once close relationship
that grew distant after the procedure. King felt uncomfortable having friends
over and noticed his stepfather stopped showing up at school and sporting
events.
"I was - I'm sorry - highly embarrassed," he testified during
the trial.
The device was ultimately removed in 2010 after tubing punctured
Metzgar's scrotum. He received a replacement implant from another doctor.
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If you should experience an erection lasting longer than four hours you
should call your doctor. If you experience an erection lasting longer than
eight months you should sue your doctor.
I have to agree with the jury on this one. Any time one undergoes a
cosmetic surgery you assume there are risks associated with that procedure. If
you don’t want an eight-month boner than don’t go having your tally whacker
lengthened.
Plus, I don’t think an eight-month erection would be that embarrassing.
Kind of an ice breaker, really. It’s exactly the type of thing I’d “bring out
at parties and show to friends.” I don’t think my friends would mind. Better
class of losers suits me fine.
It just dawned on me that I have a lot of penis related stories on the
blog. That’s where the money is and my Google Adsense account is right around
13 cents.
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