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
International

Powerful 7.2 magnitude earthquake rattles Mexico

A powerful earthquake struck Mexico Friday, shaking buildings and sending people running into the street, although there were no reports of major damage.

Local

Leech therapy: Bloodsuckers in Brooklyn

The Old-World practice of leech therapy makes a comeback in New York.

News

OMG! Exercise can make skin (and butt) look…

A moderate exercise regime can turn back time and actually reverse the skin's aging process, according to new research. The study showed that a minimum…

International

Jews in eastern Ukraine ordered to register, Kerry…

Secretary of State John Kerry condemned reports that Jews in eastern Ukraine had been ordered to register with the authorities "or suffer the consequences."

The Word

Kate Middleton made fun of Prince William's bald…

Kate Middleton and Prince William are in Sydney, Australia, right now, and it sounds like that brash Aussie sense of humor might be rubbing off.

The Word

Is Tom Cruise dating Laura Prepon?

"Mission: Impossible" star Cruise is said to be dating Laura Prepon, star of "Orange is the New Black."

Television

'Scandal' recap: Season 3, Episode 18, 'The Price…

Sally is Jesus, Olivia caused global warming, and Mellie's still drunk. Let's recap the Scandal finale. A church full of Washington insiders is about to…

Movies

Review: 'Transcendence' is not stupid but sometimes lacks…

The cyberthriller "Transcendence" explores artificial intelligence, nanotechnology and other ethical quandaries, but has too much ambition, if anything.

NBA

Carmelo Anthony agonizing over Knicks future as season…

There’s still the cloud hanging over the franchise’s head as to the pending free-agent status of All-Star forward Carmelo Anthony.

NFL

Jets host players with eye toward NFL Draft

The Jets hosted a number of NFL Draft hopefuls for workouts on Thursday, with an eye toward some under-the-radar players.

NFL

Chris Johnson: I wanted to go to 'a…

Now that Chris Johnson is a Jet, the team has to figure out if one of the most explosive players in the NFL over the last half decade has anything…

NHL

Rangers' speed versus Flyers' size makes interesting playoff…

Among the myriad aspects that will make this Metropolitan Division semifinal series fascinating will be the battle between the Rangers' speed and the Flyers' size,…

Style

Light-up nail art syncs with phone

This Japanese technology syncs light-up nail art with your phone.

Wellbeing

Why is dance cardio taking off in NYC?

Instructors at some of the city's hottest classes explain why.

Travel

Earth Day travel in the Florida Keys

See why this eco-friendly destination deserves your attention.

Tech

Sorry, Facebook — FarmVille goes mobile with 'Country…

Zynga has released a version of the hit "FarmVille" tailored for smartphones and tablets in the hope of reaping a bumper crop of players.