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

Is #JusticeForAvaLynn a case of bullying?

On Saturday, the hashtag #JusticeForAvaLynn became one of the trending topics on Twitter. Users circulated the above photo of 5-year-old AvaLynn, posted by her mother…

International

Terrorism could spread to US and Europe in…

Saudi Arabia's King Abdullah said terrorism would soon spread to Europe and the United States unless it is quickly dealt with in the Middle East,…

National

Ex-Bitcoin official to plead guilty to Silk Road…

Bitcoin entrepreneur Charlie Shrem has reached a plea deal to resolve U.S. charges that he engaged in a scheme to sell over $1 million of…

International

China's army changes tactics to prepare for war…

Chinese President Xi Jinping has said China will spur military innovation and called on the army to create a new strategy for "information warfare" as…

Gossip

Joan Rivers on life support: Report

TMZ reports that comedian Joan Rivers has been placed on life support, "completely reliant on machines to stay alive." Rivers has been hospitalized since she…

Movies

What's new on Netflix in September

September has a supernatural theme for Netflix. UFO "documentaries" and the survivalist reality series "Doomsday Preppers" are among the new series coming to the online…

Going Out

'Friends' coffeehouse Central Perk coming to NYC —…

"Friends" is coming back for a one-off special: "The One with the Free Coffee." Warner Bros. is bringing a pop-up replica of Central Perk, the…

Movies

Interview: 'As Above, So Below' directors: 5 ways…

The fraternal directors of the found footage horror "As Above, So Below" dish on the best ways to frighten the bejesus out of audiences.

NFL

3 things we learned in the Giants preseason…

The final score didn’t matter — a 16-13 win by the Giants — but it would’ve been nice to finally see Big Blue’s new-look offense get on track.

NFL

NFL Power Rankings: Seahawks, Broncos, Patriots, 49ers start…

NFL Power Rankings: Seahawks, Broncos, Patriots start at top

U.S. Soccer

5 facts about new England captain Wayne Rooney

Manchester United striker Wayne Rooney was named as the new England captain by coach Roy Hodgson on Thursday.

NFL

Jets vs. Eagles: 3 things to watch

A win on Thursday night at the Eagles would give the Jets a 3-1 record and just their second winning preseason under head coach Rex Ryan.

Wellbeing

VIDEO: Still not wearing sunscreen? You will after…

Sunscreen is possibly the most often repeated - and ignored - piece of skincare advice. But Thomas Leveritt took a different tactic. With a short…

Food

Twitter used to track down sources of food…

When Chicago health officials saw Twitter users complaining about local food poisoning episodes, they reached out on Twitter to those users and often ended up…

Style

Trend: White hot on the 2014 Emmy's red…

White was one of the big trends on the Emmy's red carpet.

Food

Recipe: Samuel Adams beer-marinated grilled shrimp

Summer calls for two things: a cold beer and light food. Sam Adams' Latitude 48 IPA fairly bursts with citrus notes, making it an ideal marinade…