Jury finds no negligence in trial over man’s 8-month erection

BIRMINGHAM, ENGLAND - MARCH 16:  A nurse tends to recovering patients on a general ward at The Queen Elizabeth Hospital on March 16, 2010 in Birmingham, England.  As the UK gears up for one of the most hotly contested general elections in recent history it is expected that that the economy, immigration, industry, the NHS and education are likely to form the basis of many of the debates.  (Photo by Christopher Furlong/Getty Images)
 (Photo by Christopher Furlong/Getty Images)

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 unfamiiar 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.

Metzgar had no comment on the jury verdict.

The doctor’s lawyer, Colleen Shields, said, “We think the jury reached the appropriate verdict.”

 



News
Entertainment
Sports
Lifestyle
National

Bloomberg: Going green will grant you longer life…

Former NYC mayor Michael Bloomberg tells Metro that cities are where fighting global warming can make a difference, and increase people’s lifespan.

International

Ban Ki Moon: "Climate change is an issue…

My message to you is: make your voice heard and your actions count. Change is in the air. Solutions exist. The race is on. It’s time to lead.

Local

Earth Day New York food toolkits to help…

Hundreds of classrooms across New York City already have indoor container gardens that allow students to grow food right where they learn. But Earth Day…

Local

NYPD announces street closures for United Nations General…

The United Nations representatives are in town, and multiple city streets will be closed to traffic through Saturday, Sept. 26. The NYPD is urging those…

The Word

The Word: Kris and Bruce Jenner's predictably public…

They said it wouldn't last — mostly because of that separation almost a year ago. And now, more than a year later, Kris and Bruce…

Movies

Antoine Fuqua knows how to kill a man…

It's amazing what you can get done with the right tools. In designing the climactic battle in "the Equalizer," in which Denzel Washington's retired special…

Television

10 Facts you won’t learn about Frankie Grande…

Frankie Grande is the worst and/or the best. Whether or not you're a fan, you'll want to know these facts about the polarizing player from "Big Brother 16."

Movies

Guess Ben Kingsley's worst filmmaking experience

Here's a fun game: Sir Ben Kingsley has made a lot of films since "Gandhi" in 1982, but at least one of them was a…

NFL

3 things that went wrong in Jets loss…

The Jets have very little room for error with a far-from-explosive offense.

NFL

Eli Manning finally feeling good in West Coast…

The Giants have very little time before their next game, but they still took a moment to relish the team’s biggest offensive outburst since Week 1 of 2013.

College

College football top 25 poll: Oregon, Alabama close…

College football top 25 poll: Oregon, Alabama close in on FSU

NFL

Jay Cutler takes Marc Trestman's coaching to heart

While Jay Cutler turned to an autobiography on the man who would be his head coach, Trestman had personal experience with the player.

Wellbeing

Exercising leads to more drinking — and we…

  We’re rewarding ourselves with more than dessert on days we exercise, according to a new study. On days when people exercise more, typically Thursday…

Wellbeing

5 gadgets to protect you from sharks, concussions,…

The medical industry is inundated with devices looking after all aspects of your wellbeing, from monitoring your sleep patterns to warding off shark attacks. We…

Wellbeing

Narcissism and the ugly side of vanity

I have a friend who constantly talks about herself and rarely asks any questions about my life. She is constantly preening, obsessed with her body,…

Wellbeing

Lacking new ideas, Apple Watch disappoints health experts

Technology pundits were quick to predict the demise of most fitness wristbands and smartwatches when the Apple Watch was announced. But health care professionals and…